Subject to the provisions of this chapter, no land or building in any district shall be used or occupied in a manner that creates for neighboring properties any dangerous, noxious, or otherwise objectionable condition. Even though compliance with the performance standards may not be expressly required for a particular use, initial and continued compliance with performance standards is required of every use.

(Ord. 08-33. Passed 5-4-09.)

   Any activity involving the use of flammable or explosive materials shall require adequate fire-fighting and fire-suppression equipment and safety devices normally used in the handling of any such material. Rules and regulations for handling and storing of flammable or explosive materials, promulgated and enforced by Federal, State or City ordinances shall be followed. The Fire Department shall regulate the burning of waste materials in an open fire.

(Ord. 08-33. Passed 5-4-09.)

   No activity shall be permitted which emits dangerous radioactivity at any point.

(Ord. 08-33. Passed 5-4-09.)

   No use shall be permitted which creates an electrical disturbance which adversely affects the operation of any equipment located on adjoining or surrounding property.

(Ord. 08-33. Passed 5-4-09.)

   Noise, which is objectionable as determined by Code due to volume, frequency, or beat, shall be muffled or otherwise controlled so as not to affect adjoining and surrounding property. This provision shall not apply to fire alarms, sirens, tornado warning systems, and noise generated by temporary construction operations, provided that such temporary construction operations take place only during daylight working hours.

(Ord. 08-33. Passed 5-4-09.)

   No vibration shall be permitted which is discernible, without instruments, on any adjoining or surrounding property. This provision shall not apply to vibration generated by temporary construction operations, provided that such temporary construction operations take place only during daylight working hours.

(Ord. 08-33. Passed 5-4-09.)

   Any discharge of smoke or other identified air pollutant into the air shall be controlled and regulated by any appropriate State and Federal rules and regulations, specifically including those promulgated by the Environmental Protection Agencies, and by City Code.

(Ord. 08-33. Passed 5-4-09.)

   No malodorous gas or matter shall be permitted which is discernible on any adjoining or surrounding property, with the exception of appropriate use of agricultural fertilizer in an agricultural or conservation district. This section includes odors, including but not limited to, those from paint spraying and similar operations.

(Ord. 08-33. Passed 5-4-09.)

   No direct or reflected glare shall be created which is visible from any adjoining or surrounding property or from any public street, road, or highway. This includes glare from security lighting which the Zoning Inspector has determined to be objectionable.

(Ord. 08-33. Passed 5-4-09.)

   All property shall be graded and maintained so as to prevent the discharge of water onto adjoining or surrounding property. All sources of water shall be arranged so as to not discharge water or other substances onto adjoining or surrounding property. No water drainage caused by, or resulting from, any construction, excavation, or topological modification, shall be permitted onto adjoining or surrounding properties, unless the discharge exists prior to construction, in which case drainage shall not be increased in the rate of discharge as determined by the City Engineer or Planning Commission. Any erosion, whether by wind or water, onto adjoining or surrounding properties shall be corrected and mitigated by the owner of the property causing the erosion.

(Ord. 08-33. Passed 5-4-09.)

   Discharge of pollutants into water shall be subject to the requirements and regulations established by appropriate Federal, State, and Local regulatory bodies and enforced by same.

(Ord. 08-33. Passed 5-4-09.)

   Uses that are permitted by Sections 1267.02 and 1266.02 may not be required to meet the standard of this chapter, provided that those uses are in conformity with all other City ordinances, and State and Federal laws and regulations; and provided that the Board has determined that the uses are appropriate considering the characteristics of the use, the property being used, and the neighboring properties.

(Ord. 08-33. Passed 5-4-09.)

   Uses existing on the effective date of this Code not in conformity with these performance standards shall be brought into compliance within twelve months after receipt of written notice of non-compliance from the Zoning Inspector. An extension, or waiver, may be granted by the Board if the owner or operator of the use, can demonstrate that compliance would create an unreasonable hardship without providing benefit to adjoining and surrounding properties.

(Ord. 08-33. Passed 5-4-09.)