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Brawley City Zoning Code

ARTICLE VI

Manufacturing and Industrial Districts.

Sec. 27.90.- Manufacturing and industrial districts.

Manufacturing and industrial districts included in this zoning ordinance are as follows:

1.

Zone M-1 (Light Manufacturing and Industrial). Zone M-1 provides for the establishment of industrial uses, in an area in close proximity to residential and commercial zones, including the establishment of necessary public service facilities compatible with the requirements of this zone. Standards are provided to control the intensity and development of uses and to limit the performance of activities in the zone to levels permitting no objectionable or obnoxious influences such as smoke, noise, fumes, vibration, radiation, light or glare that might adversely affect the tenants and purposes of this zone or any adjacent zone.

2.

Zone M-2 (Heavy Manufacturing and Industrial). Zone M-2 provides areas where intensive industrial activities may be located, and where the necessary transportation facilities are provided to support movement of the completed products off the industrial sites without causing traffic hazards in the area surrounding the M-2 zones. Since some of the industrial land uses allowed in this zone may cause objectionable levels of smoke, noise, fumes, vibration, radiation, light or glare, performance standards are included to protect neighboring residential areas and other environmentally sensitive land use. Appropriate buffers are provided between the M-2 zones and other zones where possible to minimize potential land use conflicts.

(Ord. No. 2008-04 § 1.)

Sec. 27.91. - Purpose.

The manufacturing and industrial zones are established to provide land areas on which a wide variety and complexity of industrial and manufacturing uses and processes may function efficiently and harmoniously. Specialized uses and public service facilities, required or desirable in an area devoted to manufacturing and industrial purposes, are included in the use lists of each zone. The installation and operation of facilities and equipment, necessary and appropriate to the uses of each zone, are regulated with consideration for the special requirements of adjacent zones. Performance standards are prescribed to assist in controlling industrial concentrations, activities and equipment for the mutual benefit of all persons, businesses and uses in and around the zoned area.

(Ord. No. 2008-04 § 1.)

Sec. 27.92. - Manufacturing and industrial permitted uses, accessory uses, conditional uses and prohibited uses.

(a)

Permitted uses (uses permitted by right) in the manufacturing and industrial zoning districts are primarily manufacturing, warehouse/distribution, wholesaling, large-scale warehouse retail, automobile dealerships, support commercial services and public uses. Industrial uses are where necessary transportation facilities are provided to support movement of goods and employees.

(b)

Certain uses may not be suitable in every location within manufacturing and industrial zoning districts and therefore require planning director or planning commission discretionary review through the conditional use permit process described in section 27.272 of this zoning ordinance. Table 27.92, Uses by Manufacturing and Industrial Zoning District, lists those uses that are:

1.

Permitted by right;

2.

Permitted as accessory to the manufacturing and industrial use;

3.

Permitted as conditional uses; and

4.

Prohibited in the manufacturing and industrial zoning districts.

(c)

The planning commission may also permit other uses similar to the uses permitted by right in table 27.92 that the planning commission finds to fall within the intent and purpose of these zones, that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses, and which the planning commission finds to be of a comparable nature and of the same class as the uses permitted by right in table 27.92.

(Ord. No. 2008-04 § 1.)

Table 27.92
Uses by Manufacturing and Industrial Zoning District

Industrial Zoning District Uses M-1 M-2
Abrasives, manufacture X P
Absorption plants, gas (petroleum and chemical) X C
Access for other use not permitted in zone C* C*
Accessory storage buildings or structures P P
Acids, manufacturing, corrosive X C
Acids, manufacturing, noncorrosive X C
Adhesives, manufacturing X P
Aggregate dryers X C
Agricultural equipment sales offices and display C P
Aircraft fuel, propellants and lubrication materials, storage C P
Airports C C
Alcohols, distillation X P
Aluminum products, manufacture X P
Ammunition, manufacturing X C
Animal hospital PI PI
Animal research institutes C C
Antiques, restoration PI P
Appliance, assembly PI P
Appliances, manufacture X P
Asbestos products, manufacture X P
Asphalt plants X C
Assaying X P
Automobile body fender repair shops PI P
Automobile brake repair shops, muffler, painting, radiator, upholstering PI P
Automobile dismantling yards X C
Automobile impound yards C P
Automobile laundries, car washes P P
Automobile parts, assembly PI PI
Automobile parts, manufacture X P
Automobile rental agencies P P
Automobile repair garages PI P
Automobile sales, new and used P P
Automobile seat covers, manufacture PI P
Automobile service station P P
Awnings, manufacturing PI P
Babbitt metal and products, manufacture X P
Bags, manufacture PI PI
Bags, manufacturing, except burlap bags/sacks PI PI
Bakery goods, manufacture and distribution PI P
Barrels, manufacture and storage X P
Batching and mixing plants, asphalt, cement or concrete X C
Batteries, manufacture and rebuilding X P
Beverage, manufacture, storage and distribution (nonalcoholic) PI P
Bicycles, manufacture/repair PI P
Blacksmith shops PI P
Blueprinting shops P P
Boat repair PI P
Boiler works X C
Bone products, manufacture X C
Book binderies P P
Bottle washing plants PI P
Bottling plants PI P
Box factories X P
Breeding farms, cattle or horses X C
Bricks, manufacture X P
Brushes, manufacture PI P
Building material sales P P
Building mover's/wrecker's storage yard (excluding junk/salvage yard) X P
Bus terminals, storage and rentals P P
Bus, storage and rentals X P
Buttons, manufacturing PI P
Cabinet making PI P
Candles, manufacture PI P
Candy and confectioneries, manufacture PI P
Canneries, except meat and fish X P
Canneries, meat or fish X C
Canning and blending of lubricating oil X C
Cans, manufacturing and reconditioning X P
Canvas, manufacture X P
Canvas products, manufacture PI P
Caretaker's residence C* A
Carpentry shops PI P
Casting (rare and precious metals) PI PI
Casting, metal, including die and machine casting X P
Catering services PI P
Cellophane, manufacturing X C
Cellophane products, manufacture PI P
Cellulose, manufacturing X C
Celluloid, manufacture X C
Cement blocks, manufacture X P
Cement, manufacturing X C
Cement products, manufacture X P
Cement, bulk storage X P
Cemeteries C C
Cemeteries, pets C C
Ceramics, manufacturing (kiln 16 cubic feet maximum) PI PI
Ceramics, manufacture P P
Chalk, manufacture X P
Charcoal, manufacture X C
Chemical milling X P
Chemicals, manufacture X P
Christmas tree/wreaths sales P P
Churches, temples and other places of worship C C
Circus winter quarters X C
Clay processing plants X P
Clay products, manufacture X P
Cleaning and dyeing, wholesale PI P
Cleaning compounds manufacturing X C
Cleaning compounds, blending X P
Clocks, manufacture PI P
Cloth products, manufacture C* P
Clothing manufacturing PI P
Coal tars and coal tar products, manufacturing X C
Coffee roasting and packaging PI P
Coffins, manufacture P P
Coke ovens X C
Cold storage P P
Communication equipment buildings P P
Concrete pipe, manufacture X P
Concrete products, manufacture X P
Contractors equipment rental and sales P P
Contractors' yards P P
Cooperage works X P
Cork products, manufacture P P
Correctional institutions X C
Cosmetics, manufacture P P
Cotton cleaning, compressing and re-baling X P
Cotton ginning and baling X P
Creosote, manufacture X C
Creosoting plants X C
Crops, field, tree, bush, berry and row, growing of P P
Dairies, cattle or goat X C
Dairy products distribution depots P P
Dairy products, manufacture of X C
Dental clinic P P
Detergents, manufacture X P
Disinfectants, manufacture X P
Doughnuts, manufacture P P
Dyeing of yams X P
Dyestuff, manufacture X P
Egg candling P P
Electric distribution substations, microwave facilities (maximum height is 75 feet) P* P*
Electric-generating plants, including microwave facilities C C
Electric substations and generating plants, including microwave facilities X P
Electrical, electronic and electromechanical instruments and equipment, manufacture P P
Electroforming and coating, metal X P
Electroplating works X C
Emery cloth, manufacture X P
Equipment rental services P P
Excelsior, manufacture X P
Explosive storage (excess of 100 lbs. for 24 hours) X C
Explosives, manufacturing X C
Fairgrounds P P
Farm or industrial buildings/shelters P P
Feather products, manufacture X P
Feed and grain sales P P
Feed mills X C
Felt and felt products, manufacture X P
Felt products, manufacture P P
Film exchanges, processing P P
Fire stations P P
Fireworks stands P* P*
Flammable liquid storage/wholesale P P
Flour mills X P
Food commissaries P P
Food lockers, frozen P P
Food preparation (flour or paste), manufacture P P
Forging works X C
Forging works (no drop hammer more than 6,000 lbs psi) X P
Foundries X P
Freight terminals, rail/truck P P
Fumigating contractors P P
Fur and hide curing and tanning X P
Fur products, manufacture P P
Furniture and household goods, storage/transfer P P
Furniture, manufacture P P
Galvanizing shops X P
Gas heater testing laboratories P P
Gas measurement and pumping stations P P
Gas meter and control stations P P
Gas storage of natural, above surface (500,000 cubic feet maximum) X C
Gas storage of natural, above surface, over 500,000 cubic feet X C
Gas, oxygen and other compressed, storage X P
Gases, manufacturing X P
Gasoline services, aircraft use P P
Gelatine, manufacturing X C
Glass, manufacturing, including blast furnace X C
Glass products, manufacture (16 cubic feet maximum for crucible) P P
Glass, fiber products, manufacture X P
Glass installation P P
Glass, manufacture (no blast furnace) X P
Grain drying and fermenting X P
Grain elevators X P
Grease, manufacturing X C
Grinding wheels and stones, manufacture X P
Guncotton products, manufacturing X C
Gunpowder, manufacturing X C
Gunsmith P P
Gypsum, manufacturing/processing X C
Gypsum products, manufacture X P
Hair products, manufacture X P
Hair products, manufacturing (exclude mattresses and furniture) P P
Hatcheries, poultry or fowl C C
Hats, manufacture P P
Hay barns, commercial P P
Hazardous waste facilities X C
Heating and air-conditioning equipment, manufacture X P
Heliports C C
Hog ranches X C
Honey processing/packaging P P
Horn products, manufacture P P
Hospitals C C
Ice cream, manufacture P P
Ice, manufacture P P
Incinerators, commercial X C
Industrial waste disposal facilities X C
Instruments and equipment, scientific, manufacture C* P
Ironworks, ornamental P P
Jewelry, manufacture P P
Juice extracting and bottling, vegetable/fruit C C
Junk and salvage yards X C
Jute fabrication X P
Kennels, dog and cat P P
Knitting mills X P
Laboratories, medical and dental P P
Laboratories, research and testing P P
Lamp, black, manufacturing X C
Land reclamation projects C C
Lapidary shops P P
Lard, manufacturing X C
Laundries P P
Lawn mower sharpening P P
Leather products, manufacture C P
Leather products, manufacture (from prepared materials) P P
Lime, manufacturing X C
Linen and towel suppliers P P
Linoleum, manufacture X P
Liquefied petroleum gas bulk storage/sales C C
Lithography shops X P
Livestock feed yards X C
Livestock sales yards X C
Lumber mills X C
Lumber yards P P
Lumber yards, cutting (no milling) P P
Lumber, chemical treatment and impregnation X C
Machine shops P P
Machine tool repair shops P P
Machinery and machine tools, manufacture X P
Machinery storage yards, including sales/displays P P
Malt products, manufacture X P
Matches, manufacture X P
Mattresses, manufacture and renovation of X P
Meat packing plants, no slaughter X P
Medical clinics P P
Metal engraving P P
Metal heat treating X P
Metal pickling X P
Metal plating and finishing X P
Metal products, fabrication X PI
Metal products, fabrication (indoor) PI P
Microwave stations, including towers (35 feet maximum) P P
Microwave towers exceeding 35 feet C C
Mini-storage C C
Mirrors, manufacture P P
Mortuaries P P
Motion picture production P P
Musical instruments, manufacture X P
Neon signs, manufacture P P
Newspapers, printing and publishing P P
Offices, business and professional P P
Oil drilling equipment yards X P
Oil pumping stations P P
Oil reclaiming plants X C
Oil tool exchanges X P
Oil well valves, storage, repair P P
Oleomargarine, manufacturing P P
Optical goods, manufacturing P P
Ore grinding, metallic or nonmetallic X C
Ore reduction plants X C
Outdoor advertising P P
Packaging business P P
Packing plants (no pickling) P P
Paint and varnish, manufacture X C
Paint spray booths P P
Paper mache products, manufacture X P
Paper or wood pulp, manufacture X C
Paper products, manufacture P P
Paper shredding X P
Parcel delivery terminals P P
Parking lots P P
Parking buildings P P
Perfumes, manufacture C P
Pest control operators and services P P
Petroleum bulk plants (over 2,500 barrels per day) X C
Petroleum bulk plants (2,500 barrels per day maximum) C P
Petroleum refineries X C
Pharmaceuticals, manufacture P P
Photo-engraving P P
Pickling and processing of food products X C
Pipe storage yards X P
Planning mills X C
Plastics, manufacturing (except pyroxylin) X P
Plumbing shops P P
Police stations P P
Potato chips, manufacture P P
Pottery, manufacture X P
Poultry or rabbit markets, including slaughter X C
Pounds, animals C P
Printing and engraving P P
Produce markets C* P
Produce markets, wholesale P P
Public utility service yard P P
Publishers, book and periodical P P
Pumice products, manufacturing X P
Pyroxylin, manufacture X C
Quarries X C
Radio and television stations and towers (35 feet maximum) C* P
Radio and television towers over 35 feet in height C C
Railroad repair shops X C
Railroad spur lines P P
Railroad terminals X C
Railroad yards X C
Recycling centers C C
Refrigeration repair and service shops P P
Rendering plants X C
Riding academies and stables with boarding or horses C C
Rifle, pistol or skeet ranges C C
Road department maintenance storage yard P P
Rock crushing plants X C
Rock, sand and gravel, storage/dist (under 2,000 ton storage) P P
Rock, sand and gravel, storage/dist (over 2,000 ton storage) X C
Rope, manufacture X P
Rubber or gutta-percha, processing X C
Rubber products (previously prepared materials), no tire, manufacture P P
Rubber products, manufacture X P
Rubber reclaiming plants X C
Rubber stamps, manufacture P P
Rug cleaning plants P P
Rugs, manufacturing X P
Salvage yards and junk yards C C
Sandblasting plants, shot or grit X P
Sandpaper, manufacture X P
Sash and door, manufacture X P
Sausage and prepared meat products, manufacturing X P
Saw mills X P
Screw machine products, manufacturing X P
Service stations, liquid petroleum gas X P
Sewage treatment and disposal plants C C
Sewer pipe, manufacturing X P
Sheet metal products, manufacturing X P
Sheet metal shops P P
Shell products, manufacturing P P
Shoddy (shredded cloth), manufacturing X P
Shooting galleries C C
Sign painting shops P P
Signs and sign structures, manufacturing X P
Silk screens, manufacture and processing of P P
Silos P P
Slaughter houses X C
Smelters X C
Smoking of meat or fish X P
Soap, manufacturing X C
Soap, manufacturing (excluding fat rendering) X P
Soft drinks, manufacture and bottling P P
Sound reproduction supplies and equipment, manufacturing X P
Specialty processing plants using gravel, etc. X P
Springs, manufacturing X P
Starch, manufacturing X P
Starch, liquid, mixing and bottling P P
Stations, bus, railroad and taxi P P
Statuary, manufacture X P
Steel barrels/drums, manufacture X P
Steel products fabrication X P
Steel works and rolling mills X C
Stencils and stencil materials, manufacture P P
Stone and monument work X P
Stone products, manufacturing X P
Strawboard, manufacturing X P
Talc processing and packing X P
Tallow, manufacturing X C
Tank houses P P
Tanneries X C
Taxidermy shops P P
Terra cotta, manufacture X P
Textile products, manufacturing P P
Tile, manufacture (ceramic and masonry) X P
Tinsmith shops X P
Tire retreading and recapping X P
Tires, manufacturing X C
Toiletries, manufacture of, not including soaps P P
Tools, manufacture X P
Toys, manufacture P P
Trade schools P P
Trailer sales and rentals P P
Trailers, manufacturing X P
Tree surgeon P P
Truck sales and rentals P P
Truck storage P P
Upholstering shops P P
Vegetable oils, manufacturing, processing/bottling X P
Venetian blinds, manufacture P P
Veterinary office P P
Vinegar, manufacturing X P
Vitamin products, manufacture P P
Vitreous ware, manufacture X P
Volatile oil repackaging X C
Wall board, manufacturing X C
Warehouses, storage P P
Watches, manufacture and repair P P
Water company service and storage yards P P
Water wells, reservoirs (storage/distribution systems) P P
Waxes and polishes, manufacturing X P
Weighing, public scales P P
Welding, electric and gas P P
Wholesale and retail outlets P P
Wholesale brokers P P
Wholesale businesses P P
Windmills C C
Window shade manufacture, screen assembly P P
Wineries X C
Wire, manufacturing X P
Wood carvings, manufacturing X P
Wood distillation X P
Wooden goods and products, manufacture P P
Wool pulling and scouring X C
Woolen goods, manufacturing X P
X-ray laboratories C* C*
Yarn products, manufacture (no yarn dyeing) P P
Yeast, manufacture X P

 

Key:

P = Use permitted by right.

PI = Use permitted by right, indoors only.

P*= Use permitted subject to conditions outlined in zoning ordinance.

C = Use requires planning commission conditional use permit.

C*= Use requires planning director conditional use permit.

X = Use is prohibited.

A = Use permitted as accessory use only.

(Ord. No. 2012-05, § 2, 11-20-2012)

Sec. 27.93. - Manufacturing and industrial development standards.

General development standards for the manufacturing and industrial zoning districts are provided in table 27.93. These standards include: (a) minimum lot size; (b) minimum lot width; (c) minimum lot depth; (d) minimum front yard setback; (e) minimum side yard setback; (f) minimum rear yard setback; (g) maximum building coverage; (h) maximum floor area ratio; (i) maximum height; (j) off-street parking; (k) signs; (l) landscape; and (m) accessory buildings. These provisions are intended to provide the minimum acceptable standards for development within the manufacturing and industrial districts necessary to ensure quality development. The development standards are supplemented by special development standards described in article XII of this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Table 27.93
Manufacturing and Industrial Development Standards

Industrial Zoning District
Development Standards (1) M-1 M-2
(a) Minimum Lot Size (2),(4),(5) 5,000 sf 10,000 sf
(b) Minimum Lot Width (2),(6)
Standard Lot 50 ft 60 ft
Cul-de-sac Lot (at front setback line) 50 ft 60 ft
Flag Lot (at front setback line) 50 ft 50 ft
Flag Lot (for access extension) 30 ft 30 ft
(c) Minimum Lot Depth (2) n/a n/a
(d) Minimum Front Yard Setback (7)
From Ultimate Street R-O-W 20 ft 20 ft
Flag Lot (from connection with access extension) 20 ft 20 ft
(e) Minimum Side Yard Setback (8)
Interior Side 10 ft (3) 10 ft
Street Side 10 ft 10 ft
Flag Lot 10 ft (3) 10 ft
(f) Minimum Rear Yard Setback (9)
Standard Lot 10 ft (3) 10 ft (3)
Flag Lot and Cul-de-sac Lot 10 ft (3) 10 ft (3)
Adjacent to Alley or Street R-O-W 10 ft (3) 10 ft (3)
(g) Maximum Building Coverage 70% 70%
(h) Maximum Floor Area Ratio 0.7:1 0.7:1
(i) Maximum Height
Primary Structure (10) 40 ft 40 ft
(j) Off-Street Parking Refer to article XI, Parking and Loading
(k) Signs Refer to article XIV, Signs
(l) Landscape Refer to section 27.180
(m) Accessory Buildings Refer to article XII, Special Development Standards and Uses

 

Notes:

(1) See article II for definitions of terms used for development standards.

(2) Development standard applies to proposed subdivisions of land.

(3) Adjacent to residential zone districts.

(4) "Net area" means that area of a lot or parcel of land exclusive of: public alleys, highways or streets; proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or other public or private easements when the owner of the servient tenement does not have the right to use the entire surface of the land.

(5) Refer to sections 27.161 through 27.164.

(6) Refer to section 27.165, Minimum lot width.

(7) Refer to section 27.169, Specialized front yard requirements.

(8) Refer to section 27.170, Specialized side yard requirements.

(9) Refer to section 27.171, Specialized rear yard adjoining an alley.

(10) Maximum height for specialized buildings that are an integral part of industrial production is one hundred fifty feet unless restricted by the airport land use plan.

(11) If proposed M-1/M-2 use is next to residential area or property zoned for residential use, then the project shall implement appropriate mitigation measures (i.e., buffer zone, landscaping, etc.).

ft = feet; sf = square feet; S = story; DU = dwelling unit; R-O-W = right-of-way; n/a = development standard not applicable to zoning district

Sec. 27.94. - Special development standards.

In addition to the development standards contained in article XII (Special Development Standards and Uses) of this zoning ordinance, the following special standards shall apply:

1.

Outdoor Storage. Any outdoor area used for storage shall be completely enclosed by a masonry wall, not less than six or more than eight feet in height.

2.

Fences and Walls. Fences and walls as provided in article XII (Special Development Standards and Uses) of this zoning ordinance.

3.

Walls. Each lot or parcel of land in zones M-1 and M-2 which has a side or rear lot line adjoining property with a legal nonconforming residential use, or adjoining property in a residential or agricultural zone, shall have a solid masonry wall, not less than five feet in height nor more than six feet in height, established along said side and rear lot lines adjoining said properties or zones.

(Ord. No. 2008-04 § 1.)

Sec. 27.95. - Manufacturing and industrial performance standards.

The following performance standards shall apply to any existing or proposed land use, or other activity, permitted in any manufacturing and industrial zone.

1.

Noise or Sound. Any existing or proposed use, or portions thereof, generating sounds that are or may be considered a nuisance or hazard on any adjacent property due to the intermittence, beat frequency or shrillness of the sounds, shall have the source of the noise or sound muffled or controlled in such manner as will prevent the issuance, continuance or recurrence of the disturbing sounds. Construction work shall be exempt from this requirement during the period of construction while a valid building permit is in force.

2.

Smoke or Other Particulate Matter. Any existing or proposed use or portion thereof producing smoke or other particulate matter shall not discharge such contaminants into the atmosphere, from any single source of emission whatsoever, for any period or periods aggregating more than three minutes in any one hour, when any such contaminant is:

a.

As dark or darker in shade than the density reading designated as no. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines; or

b.

Of such opacity as to obscure an observer's view to a degree equal to or greater than smoke described as the equivalent of the density reading designated as no. 1 on the Ringelmann Chart as published by the United States Bureau of Mines.

3.

Dust, Dirt and Ash. Any existing or proposed use or portion thereof producing dust, dirt or ash which can or may cause damage to the health of any individual, animal or vegetation, damage to property, or the physical soiling or discoloration of the surfaces of any structure or materials located outside the property lines of the lot or parcel of land from which such emission emanates shall have the source of the contaminant muffled or controlled in such manner as will prevent the issuance, continuance or recurrence of any emission that is or may be detectable beyond the property lines of the subject premises.

4.

Odors, Toxic Gases and Noxious Matter. Any existing or proposed use or portion thereof producing odors, toxic gases or noxious matter in such quantities as can or may be readily detectable at any point along or outside the property lines of the premises and when such emissions are or may become a public nuisance or hazard, the use responsible shall have the source of the contaminant muffled or controlled in such manner as will prevent the issuance, continuance or recurrence of any emission detectable beyond the property lines of the subject premises.

5.

Vibration. Any existing or proposed use or portion thereof generating vibrations that can or may be considered a nuisance or hazard on any adjacent property shall have the source of the vibration muffled or controlled in such manner as will prevent the issuance, continuance or recurrence of the disturbing vibrations.

6.

Heat and Glare. Any existing or proposed use or portion thereof that constitutes or may be considered a nuisance or hazard on any adjacent property, such as from arc welders, acetylene torches, furnaces or similar equipment, shall shield or control all sources of heat or glare in such manner as will prevent the issuance, continuance or recurrence of the disturbing emissions.

7.

Electromagnetic Disturbances and Radiation. Any existing or proposed use or portion thereof that can or may generate any electrical disturbances or produce any radioactive emanations that can or may be considered a nuisance or hazard shall shield or control the source of the electrical or radioactive emanations in such manner as will prevent the issuance, continuance or recurrence of any hazardous or disturbing emanations.

(Ord. No. 2008-04 § 1.)