PERFORMANCE STANDARDS
(a)
The performance standards established in this section are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban blight. All future development shall be required to meet these standards. These standards shall also apply to existing development where so stated.
(b)
Before any building permit is approved, the building inspector shall determine whether the proposed use will conform to the performance standards. The developer shall supply data necessary to demonstrate such conformance. Such data may include description of equipment to be used, hours of operation, method of refuse disposal, type, and location of exterior storage etc.
(c)
It may occasionally be necessary for a developer or business to employ specialized consultants to demonstrate that a given use will not exceed the performance standards.
(Code 2001, § 16.10(intro. ¶); Ord. No. 1129, 4-5-2016)
All materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying and recreational equipment, construction, and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises. Boats and unoccupied trailers, less than 30 feet in length, are permissible if stored in the rear yard more than five feet from any property line on an impervious surface and moved every 12 months. Seasonal storage of boats and unoccupied trailers, less than 30 feet in length is permissible on a side yard (not street side) on an impervious surface. No person shall park a vehicle, boat or trailer on a front yard or street side yard of any lot used primarily for residential purposes. All parking is required to be on an impervious surface and on an approved driveway in accordance with this article. Existing uses shall comply with this provision within 12 months following enactment of the ordinance from which this article is derived.
(Code 2001, § 16.10(1); Ord. No. 1129, 4-5-2016)
All waste materials, debris, refuse, unused construction materials, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse and noxious weeds. Existing uses shall comply with this provision within six months following enactment of the ordinance from which this article is derived.
(Code 2001, § 16.10(2); Ord. No. 1129, 4-5-2016)
In connection with any structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m.
(Code 2001, § 16.10(3); Ord. No. 1129, 4-5-2016)
(a)
The traffic generated by any use shall be channelized and controlled in a manner that will avoid:
(1)
Congestion on the public streets;
(2)
Traffic hazards; and
(3)
Excessive traffic through residential areas, particularly truck traffic.
(b)
Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing into the streets. No access drive or curb cut shall be located within ten feet of any two intersecting right-of-way lines and shall not encroach on the full radius of corner curbing.
(Code 2001, § 16.10(4); Ord. No. 1129, 4-5-2016)
No land shall be developed and no use shall be permitted that results in water run-off causing flooding, or erosion on adjacent properties. Such run-off shall be properly channeled into a storm drain, watercourse, ponding area, or other public facility.
(Code 2001, § 16.10(5); Ord. No. 1129, 4-5-2016)
No activities involving the storage, utilization or manufacture of materials or products, such as TNT or dynamite, which could decompose by detonation shall be permitted except such as are specifically licensed by the city council.
(Code 2001, § 16.10(6); Ord. No. 1129, 4-5-2016)
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances.
(Code 2001, § 16.10(7); Ord. No. 1129, 4-5-2016)
All developed uses shall provide a landscaped yard along all streets. This yard shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot; such yard shall have a depth of at least 15 feet.
(Code 2001, § 16.10(8); Ord. No. 1129, 4-5-2016)
All structures required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.
(Code 2001, § 16.10(9); Ord. No. 1129, 4-5-2016)
Within any I Industrial District, no structure or premises shall fail to comply with the following performance standards:
(1)
Vibrations. Any vibration discernible (beyond property line) to the human sense of feeling for three minutes or more duration in any one hour and any vibration producing an acceleration of more than 0.1 grains or resulting in any combination of amplitudes and frequencies beyond the "safe" range of table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure.
(2)
Screening. Any industrial use abutting to an R district shall provide and maintain a wall, fence or planting so as to screen and reduce the noise and dust between the two uses and to inhibit eye level vision between the residential and industrial areas.
(3)
Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosure so as not to be perceptible at the property line.
(4)
Industrial waste material. Industrial waste material shall not be washed into the public storm sewer system nor the sanitary system without first having received approval from the department of public works. If the approval is not granted, a method of disposal shall be devised which will not require additional land for continual operation and will not cause a detrimental effect to the adjacent land. Should the industrial waste be of a solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view, and a maximum amount of accumulation determined along with a satisfactory method of disposal.
(Code 2001, § 16.10(10); Ord. No. 1129, 4-5-2016)
PERFORMANCE STANDARDS
(a)
The performance standards established in this section are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban blight. All future development shall be required to meet these standards. These standards shall also apply to existing development where so stated.
(b)
Before any building permit is approved, the building inspector shall determine whether the proposed use will conform to the performance standards. The developer shall supply data necessary to demonstrate such conformance. Such data may include description of equipment to be used, hours of operation, method of refuse disposal, type, and location of exterior storage etc.
(c)
It may occasionally be necessary for a developer or business to employ specialized consultants to demonstrate that a given use will not exceed the performance standards.
(Code 2001, § 16.10(intro. ¶); Ord. No. 1129, 4-5-2016)
All materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying and recreational equipment, construction, and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises. Boats and unoccupied trailers, less than 30 feet in length, are permissible if stored in the rear yard more than five feet from any property line on an impervious surface and moved every 12 months. Seasonal storage of boats and unoccupied trailers, less than 30 feet in length is permissible on a side yard (not street side) on an impervious surface. No person shall park a vehicle, boat or trailer on a front yard or street side yard of any lot used primarily for residential purposes. All parking is required to be on an impervious surface and on an approved driveway in accordance with this article. Existing uses shall comply with this provision within 12 months following enactment of the ordinance from which this article is derived.
(Code 2001, § 16.10(1); Ord. No. 1129, 4-5-2016)
All waste materials, debris, refuse, unused construction materials, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse and noxious weeds. Existing uses shall comply with this provision within six months following enactment of the ordinance from which this article is derived.
(Code 2001, § 16.10(2); Ord. No. 1129, 4-5-2016)
In connection with any structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m.
(Code 2001, § 16.10(3); Ord. No. 1129, 4-5-2016)
(a)
The traffic generated by any use shall be channelized and controlled in a manner that will avoid:
(1)
Congestion on the public streets;
(2)
Traffic hazards; and
(3)
Excessive traffic through residential areas, particularly truck traffic.
(b)
Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing into the streets. No access drive or curb cut shall be located within ten feet of any two intersecting right-of-way lines and shall not encroach on the full radius of corner curbing.
(Code 2001, § 16.10(4); Ord. No. 1129, 4-5-2016)
No land shall be developed and no use shall be permitted that results in water run-off causing flooding, or erosion on adjacent properties. Such run-off shall be properly channeled into a storm drain, watercourse, ponding area, or other public facility.
(Code 2001, § 16.10(5); Ord. No. 1129, 4-5-2016)
No activities involving the storage, utilization or manufacture of materials or products, such as TNT or dynamite, which could decompose by detonation shall be permitted except such as are specifically licensed by the city council.
(Code 2001, § 16.10(6); Ord. No. 1129, 4-5-2016)
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances.
(Code 2001, § 16.10(7); Ord. No. 1129, 4-5-2016)
All developed uses shall provide a landscaped yard along all streets. This yard shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot; such yard shall have a depth of at least 15 feet.
(Code 2001, § 16.10(8); Ord. No. 1129, 4-5-2016)
All structures required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.
(Code 2001, § 16.10(9); Ord. No. 1129, 4-5-2016)
Within any I Industrial District, no structure or premises shall fail to comply with the following performance standards:
(1)
Vibrations. Any vibration discernible (beyond property line) to the human sense of feeling for three minutes or more duration in any one hour and any vibration producing an acceleration of more than 0.1 grains or resulting in any combination of amplitudes and frequencies beyond the "safe" range of table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure.
(2)
Screening. Any industrial use abutting to an R district shall provide and maintain a wall, fence or planting so as to screen and reduce the noise and dust between the two uses and to inhibit eye level vision between the residential and industrial areas.
(3)
Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosure so as not to be perceptible at the property line.
(4)
Industrial waste material. Industrial waste material shall not be washed into the public storm sewer system nor the sanitary system without first having received approval from the department of public works. If the approval is not granted, a method of disposal shall be devised which will not require additional land for continual operation and will not cause a detrimental effect to the adjacent land. Should the industrial waste be of a solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view, and a maximum amount of accumulation determined along with a satisfactory method of disposal.
(Code 2001, § 16.10(10); Ord. No. 1129, 4-5-2016)