The purpose of the performance and operational standards set forth in this Article is to prevent land or buildings within the City from being used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable conditions that would create adverse impacts on the residents, employees, or visitors on the property itself or on nearby properties.

(Ord. 972 §3, 2024)

For

the purpose of this Article, the following terms shall have the following meanings:

Director means the Community Development Director of the City or such person's designee.

(Ord. 972 §3, 2024)

(a)

Applicability. The provisions of this Section shall apply to all land and property within the City.

(b)

Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.

(c)

Air pollution. There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.

(d)

Odors. Any condition or operation that results in the creation of odors, vapors, or gaseous emissions of such intensity and character as to be detrimental to the health and welfare of the public or that interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.

(e)

Electromagnetic radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes that does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation.

(f)

Materials and waste handling. No person shall cause or permit any materials to be handled, transported, or stored in a manner that allows particulate matter to become airborne or liquid matter to drain onto or into the ground. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to wildlife or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with this Code. Toxic and hazardous materials and chemicals shall be stored, secured and maintained so that there is no contamination of ground, air, or water sources at or adjacent to the site. Notwithstanding anything contained herein, all treatment, storage, disposal, or transportation of hazardous waste shall be in conformance with all Federal and State statutes, codes, and regulations. Provisions shall be provided so that all lubrication and fuel substances shall be prevented from leaking and/or draining onto the property.

(Ord. 972 §3, 2024)

(a)

Outdoor dining. Eating and drinking establishments, permitted under this Chapter, may provide outdoor seating areas on their property, on a sidewalk, or in a designated parking area within a public right-of-way, provided that pedestrian circulation, vehicular circulation, and building entries are not impaired and provided that an outdoor café permit has been issued by the Director. The Director shall determine whether to issue an outdoor café permit based on compliance with the following criteria:

(1)

To allow for pedestrian circulation, a minimum of four (4) feet of open sidewalk shall be maintained free of obstructions adjacent to the outdoor seating area.

(2)

Pedestrian circulation to the building and building entries shall not be impaired.

(3)

Vehicular circulation within the right-of-way shall not be impaired.

(4)

Chairs, tables, umbrellas, planters, and trash receptacles may be permitted within an outdoor seating area.

(5)

A fence or barrier delineating the outdoor seating area shall be permitted within the public right-of-way and may be required as a condition of the issuance of the outdoor café permit.

(6)

All furniture and encumbrances placed within the outdoor seating area must be compatible with the character of the street furniture and be moveable (not permanently attached) to allow maintenance of public infrastructure in the right-of-way as needed, upon request by the City.

(7)

The operators of the outdoor seating area shall be responsible for maintaining a clean, litter-free and well-kept appearance for the outdoor seating area.

(8)

Alcoholic beverages shall only be served or consumed within the outdoor seating area in conformance with State law and this Code.

(9)

The outdoor seating area shall comply with applicable State and County Health Department regulations.

(10)

A license agreement between the applicant and City for the use of a City sidewalk or right-of-way shall be required.

(11)

The Director may impose additional conditions on the issuance of an outdoor café permit relating to the design, location, configuration and operation aspects; including but not limited to lighting, utility extensions, and deck height, of the outdoor seating area to ensure that such area is compatible with surrounding uses.

(Ord. 972 §3, 2024)