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Hays City Zoning Code

CHAPTER 8

Environmental Quality and Resource Protection

Sec. 8.1.101 Purpose
The purpose of this Chapter is to establish standards for the use of protected open spaces and for the environmental impacts of the City's land uses (e.g., noise, vibration, odors, air quality, water quality, etc.), in order to ensure that the City continues to provide a desirable environment for residences, recreation, education, culture, commerce, and industry.

Effective on: 8/31/2016

Sec. 8.1.102 Application
  • Generally. This Chapter establishes standards that are intended to protect open space and environmental quality. The phrase "environmental quality" is a broad concept that means a condition of the natural and built environment that helps protect public health and well-being against the direct adverse effects of noise, vibration, air pollution, odors, toxic chemicals, water pollution, radiation, dust, light pollution, and pathogens
  • Findings of Fact.
    1. Natural resource and environmental quality protection are important because the construction and operation of buildings, parking, or other uses can create conditions that are hazardous to the public health, safety, and welfare, (e.g., air, groundwater, and/or surface water pollution) and to the value, use, and enjoyment of private property (e.g., noxious odors, noise, and vibrations).
    2. Development resulting in increased impervious cover increases the rate of stormwater runoff.
    3. The impacts of such hazards and conditions may be experienced on-site or off-site. Natural resource and environmental quality protection provides for hazard avoidance, preservation of community character, property value enhancement, and general quality of life for residents and businesses.
  • Uses in Open Space. The standards of Chapter 3, Density, Intensity, Bulk, and Scale, or Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses, may require identification of land areas on a parcel proposed for development that will be set aside as permanent open space. It is the intent of the City Commission that such areas be available for multiple uses that are consistent with their open space designations and resource management objectives. Sec. 9.1.505, Open Space Reservation, Preservation, and Dedication, establishes the uses that are permitted or limited in designated open space and the standards that apply to those uses.
  • Prevention of nuisances. As set out in Section 8.2.101, General Environmental Standards, are the standards for noise, vibration, emissions, odorous materials, toxics, hazardous materials, dust and debris, lighting, and water quality which prohibits the use of land in a manner that is a nuisance to adjacent property owners and/or the public at large.

    • (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 8.2.101 General Environmental Standards
  • Generally. All uses and activities permitted by this Code within the City shall conform to the performance measures and standards of this Section, using adequate and appropriate prevention and/or mitigation techniques as necessary.
  • Noise. No use shall be permitted that causes serious annoyance to occupants of abutting properties due to excessive noise.
  • Vibration. No use shall be permitted which produces ground vibrations noticeable without instruments at the lot line of the premises on which the use is located.
  • Smoke Emissions. All uses shall comply with local, state, and federal regulations pertaining to the emission of smoke.
  • Odors. No use shall be permitted to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located, subject to applicable state air quality regulations.
  • Dust and Debris. Uses shall be maintained in an orderly condition and conducted in a manner that avoids the spread of dust, debris, and litter to other properties and public rights-of-way. Hazardous materials, municipal solid waste, or items that can be carried away by wind or water shall be secured in buildings, structures, or other such enclosure.
  • Toxic or Noxious Matter. No use shall for any period of time discharge across boundaries of a lot line on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to persons, property, or the use of property or land, or render unclean the waters of the state to the extent of being harmful or inimical to public health, animal or aquatic life, or the use of such waters for domestic water supply, recreation, or other legitimate and necessary uses. Disposal of toxic or hazardous waste within the City is specifically prohibited.
  • Nuclear Radiation. Any operation involving radiation (e.g., the use of gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other atomic or nuclear particles), shall be permitted only in accordance with state and federal laws, rules, and regulations, or any other applicable regulation.
  • Electromagnetic Radiation and Interference. No person shall operate or cause to be operated for any purpose a planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception.
  • Heat or Glare. Any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line. Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded to avoid creating a nuisance across lot lines. The light intensity from illumination of any kind shall not exceed fifty-foot lamberts at any point along the line of the lot containing the light source.

    • Effective on: 8/31/2016

    Sec. 8.2.102 Water Quality and Quantity
  • Stormwater Management. Measures to protect water quality and to manage the quantity and velocity of stormwater runoff shall be implemented pursuant to the standards set out in Article 9.2, Stormwater Management.
  • Grading, Erosion, and Sediment Control. Measures to protect water quality during construction and for land disturbance activities shall be implemented pursuant to the standards set out in Sec. 9.2.304, Stormwater Design Criteria and Performance Standards.

    • Effective on: 8/31/2016