A.

Purpose. The purpose of this section is to protect properties in all districts and the health and safety of all persons from environmental nuisances and hazards and to provide a pleasing environment in keeping with the intended character of a particular zoning district. These performance standards set maximum tolerance limits on certain adverse effects created by any use or development of land.

B.

Applicability. These performance standards shall apply to all land uses, in all districts unless specifically stated otherwise in this Development Code.

C.

Exemptions. The following uses or activities are exempt from the provisions of this Chapter:

1.

Emergency equipment, vehicles, devices, and activities.

2.

Temporary construction, maintenance, or demolition activities between the hours of 7:00 a.m. and 7:00 p.m., unless certain construction activities are required to comply with specific standards as stated in this Code.

A.

Air Quality. No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gasses or other forms of matter, which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the Mojave Desert Air Quality Management District or the requirements of any air quality plan adopted by the Town.

B.

Dust, Dirt and Smoke

1.

All land use activity, including construction, grading, and agriculture, shall be conducted so as not to create any measurable amount of dust or dirt emission beyond any boundary line of the parcel. To ensure a dust free environment, appropriate grading procedures shall include, but shall not be limited to, the following:

a.

Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (planting, paving or construction) will occur as soon as possible after grading.

b.

Disturb as little native vegetation as possible.

c.

Water graded areas as often as necessary to prevent blowing dust or dirt, hydroseeding with temporary irrigation (using an appropriate seed mix), adding a dust palliative, and/or building wind fences.

d.

Revegetate graded areas as soon as possible.

e.

Construct appropriate walls or fences to contain the dust and dirt within the parcel subject to the approval of the Town Engineer.

2.

No operation or activity is permitted which emits excessive smoke, fumes, or dust or which exceed the requirements or levels as specified be the Mojave Desert Air Quality Management District and the Regional Water Quality Control Board.

C.

Electrical or Electromagnetic Interference. No operation or activity otherwise permitted by this Development Code shall cause any source of electrical, magnetic, or electromagnetic radiation disturbance that adversely affect persons or the operation of equipment or process employed by any use beyond the boundary of the site.

D.

Environmental Resources and Constraints. All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA) and all General Plan environmental policies. Development within areas which may be adversely impacted shall be subject to the submittal of appropriate report(s), prepared by qualified professionals, which address the impacts of the proposed project, the identification of mitigation measures and/or project alternatives which eliminate significant adverse impacts, and the provisions of a program for monitoring, evaluating the effectiveness of, and insuring the adequacy of the specified mitigation measures.

E.

Hazardous Materials

1.

The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous materials comply with all applicable requirements of the State Government Code Section 65850.2 and Health and Safety Code Section 25505, and Article 80 of the Uniform Fire Code, et. al. It is not the intent of this standard to impose additional restrictions on the management of hazardous wastes, which would be contrary to State Law, but only to require reporting of information to the Town that must be provided to other public agencies.

2.

For the purposes of this Section, "hazardous materials" shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services.

3.

Conditional Use Permit Required. A Conditional Use Permit shall be required for any new commercial, industrial, institutional or accessory use, or major addition to an existing use, that involves the manufacture, storage, handling, or processing of hazardous materials in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions:

a.

Underground storage of bulk flammable and combustible liquids; and

b.

Hazardous materials in container sizes of 10 gallons or less that are stored or maintained for the purpose of retail or wholesale sales.

Use approvals for all activities or operations shall be obtained in a manner consistent with the requirements for uses in each zoning district.

4.

Hazardous Materials Response Plans. All businesses required by Chapter 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of these plans, including revisions to the Director at the same time these plans are submitted to the administrative agency which is responsible for administering these provisions.

5.

Underground Storage. Underground storage of hazardous materials shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code, and Article 79 of the Uniform Fire Code. Any business that uses underground storage tanks shall comply with the following:

a.

Notify the Fire Protection District of any unauthorized release of hazardous materials immediately, after the release has been detected and the steps taken to control the release; and

b.

Notify the Fire Protection District and the Director of any proposed abandonment, closure or cessation of operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

6.

Above-Ground Storage Tanks. Above-ground storage tanks for any flammable liquids shall meet all standards of the Fire Protection District.

7.

Setback to Pipelines Required

a.

All structures subject to the provisions of this Development Code and all newly created lots shall be designed to accommodate a setback of at least 100 feet from a pipeline. A Pipeline is defined as follows:

1)

A pipe with a nominal diameter of 6 inches or more, that is used to transport hazardous liquids, but does not include a pipe used to transport a hazardous liquid by gravity and a pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility; or,

2)

A pipe with a nominal diameter of six (6) inches or more operated at a pressure of more than 275 pounds per square inch that carries gas.

b.

This setback requirement may be reduced by the Director, where the Director finds that:

1)

The structure would be protected from the radiant heat of an explosion by berming or other physical barrier.

2)

A 100-foot setback would be impractical or unnecessary because of existing topography, streets, lot lines, or easements; and

3)

There shall be construction of a hazardous liquid containment system or other mitigating facility where the Town Engineer finds that a leak would accumulate within the reduced setback area. The design shall be approved by the Town Engineer and a surety instrument shall be approved by the Town Attorney to ensure the construction of the system.

c.

A proposed structure (including a residence) on an undeveloped existing lot of record that cannot be constructed only because of this restriction, shall be allowed to be constructed if the structure is located so as to comply with the setback regulation as closely as possible. The Director, with the agreement of the Town Engineer, may require a hazardous liquid containment system.

d.

A subdivider of a development within 500 feet of a pipeline shall notify a new owner at the time of executing a purchase agreement and at the close of escrow of the location, size, and type of pipeline.

F.

Heat or Cold. No operation or activity shall emit heat or cold which would cause a temperature increase or decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is in the air, on the ground, in any structure, or in any body of water.

G.

Fire and Explosive Hazards

1.

All operations or activities involving the storage of flammable or explosive materials shall be carried out with adequate safety devices protecting against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices in accordance with the requirements of the Uniform Fire Code.

2.

Open fire burning of waste material is prohibited unless specifically authorized by the Apple Valley Fire Protection District.

3.

Closed system incineration of waste material, where such activity is otherwise permitted by this Development Code and is required for research, medical or similar uses, may be permitted subject to the requirements of the California Department of Health and Safety, the San Bernardino County Air Pollution Control District, or other requirements of the Town General Plan or any other adopted air quality plan.

H.

Light and Glare

1.

All lighting used in parking lots for security purposes or safety-related uses shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties.

2.

If lighting is used or is necessary for color rendition, the primary lighting system shall be supplemented with a secondary lighting system which shall serve as security-level lighting and shall be the sole source of lighting during the nonoperating hours of each business.

3.

Lighting standards and fixtures shall be of a design compatible with the architecture of on-site buildings.

4.

Flashing lights are prohibited.

5.

The intensity of light at the boundary of any multi-family, commercial, or industrial zoning district shall not exceed seventy-five (75) foot lamberts from a source of reflected light.

6.

Parking lot lighting and/or security lighting, when affixed to individual poles or affixed to any structure on site, shall not exceed a height of twenty (20) feet above the parking area surface.

7.

Security or accent lighting for single-family residences shall be shielded to project downward or in a manner that the light is directed away from streets and adjoining properties.

I.

Liquid and Solid Waste. No operation or action shall discharge at any point into any public street, public sewer, private sewage disposal system, stream, body of water or into the ground, any materials which can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Department of Public Health or other governmental agency having jurisdiction over liquid and solid waste.

J.

Mechanical Equipment

1.

All mechanical and electrical equipment, including air conditioners, antennas, pumps, transformers, and heating and ventilating equipment shall be located, operated and screened in a manner that does not disturb adjacent uses and activities.

2.

All central building electrical controlling equipment and switching facilities shall be located within the building for all commercial, industrial and business facilities.

3.

All other equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.

K.

Maintenance of Open Areas. Except as otherwise provided in this Development Code, all open areas, on property for which a permit has been issued, shall be landscaped, surfaced, or treated and maintained in a dust free and weed free condition.

L.

Noise. All uses and activities authorized pursuant to this Development Code shall conform to the standards established in Chapter 9.73 of this Development Code (Noise Control).

M.

Odors. No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious or otherwise objectionable and readily detectable without the aid of instruments at or beyond the property line.

N.

Outdoor Storage, Trash, and Service Areas. All areas for storage of maintenance equipment or vehicles, refuse storage and collection areas or service areas, shall be enclosed or effectively screened from public view by use of a wall, landscaping, berming, or a combination thereof.

O.

Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1.

Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, wall, and windows.

2.

Accumulation of scrap lumber, junk, trash or debris.

3.

Unattended, overgrown, or dead landscaping within a required landscape area.

P.

Radioactive or Fissionable Materials. No operation or activity shall be permitted which results at any time in the release or emission of any radioactive or fissionable materials into the atmosphere, the ground, or sewerage systems, except as provided by and in accordance with State law.

Q.

Vibration. No operation or activity is permitted which will create vibration noticeable without instruments at the perimeter of the property.

(Ord. No. 542, § 3, 1-12-2021)