It is the intent of this title that no land or building in any district shall be used or occupied in any manner so as to create any hazard or otherwise objectionable element which will adversely affect the surrounding area or adjoining premises. ('69 Code, § 7-13)
(A) Performance standards regulations. The following provisions, standards and specifications shall apply:
(1) Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity as measured at the property line of the tract on which the operation is located.
(2) Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.
(3) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.
(4) Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour.
(5) Smoke. Measurements shall be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 2 on said chart may be emitted for periods not longer than four minutes in any 30 minutes. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.
(6) Dust. Solid or liquid particles shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive.
(7) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive.
(8) Hazard. Every operation shall be carried on with reasonable precautions against fire and explosion hazards.
(9) Water supply. The design and construction of water supply facilities and water supply source shall be in accordance with city standards and regulations.
(10) Waste. All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with city standards and requirements.
(11) State standards. The state pollution control standards shall take precedence over the above regulations except where city standards are higher.
('69 Code, § 7-13.01)
(B) Enforcement provisions applicable. Even though compliance with performance standards procedure in obtaining a development permit is not required for a particular use initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance with performance standards shall be invoked by the Administrator against any use, if there are reasonable grounds to believe that performance standards are being violated by such use. ('69 Code, § 7-13.02)
(C) Enforcement procedure. In order to insure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made such investigations and/or tests as may be required to show adherence to the performance standards. Such investigation and/or tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city. The costs incurred in such investigation or testing shall be ordered by the owner or operator and shared equally by the owner or operator and the city unless the investigation and tests disclose noncompliance with the performance standards; in which situation, the entire investigation or testing cost shall be paid by the owner or operator. ('69 Code, § 7-13.03)