Overland City Zoning Code
ARTICLE VI
Environmental Performance Standards
Section 400.390 Scope of Provisions.
[CC 1976 App. A §6.01; Ord. No. 2449 §1, 11-14-1988]
Every use, activity, process or operation located or occurring in the City of Overland shall comply with the environmental performance standards prescribed in this Article, and no such existing use, activity, process or operation shall be hereafter altered or modified so as to conflict with, or further conflict with, such environmental performance standards. If, as of November 14, 1988, the operations of any lawful existing use violates these environmental performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use violation of the environmental performance standards shall not in itself make such use subject to Article XIII, "Non-Conforming Uses".
Section 400.400 Administration and Enforcement.
[CC 1976 App. A §6.02; Ord. No. 2449 §1, 11-14-1988]
A.
Whenever, in the opinion of the Director of Public Works, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he/she shall give written notice of at least seven (7) days' duration that said use or occupancy must be corrected. In case of an emergency he/she may take immediate action deemed appropriate to correct the violations. He/she is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.
B.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analysis. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Article XIII of this Chapter.
C.
If a complaint is received regarding an alleged violation of any of the provisions of this Article the Director of Public Works shall, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount of two hundred dollars ($200.00) to defray the cost of employing a qualified technician or technicians to perform such investigation and analyses as may be necessary to determine whether or not such violation exists.
1.
In the event that the complaint is substantiated the escrow deposit shall be refunded to the depositor, and the reasonable fees associated with the investigation and analyses shall be recovered in the manner provided above.
2.
If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation.
3.
If a second (2nd) complaint is received regarding the same alleged violation following a previous finding of no violation, the complainant shall be required to post an escrow deposit in an amount equal to the total cost required to employ qualified technicians to perform such investigations and analyses as may be necessary as determined from the expense of the previous investigation. Use of the escrow deposit or its return shall be in the same manner as provided above.
Section 400.410 Performance Standards. [1]
[CC 1976 App. A §6.03; Ord. No. 2449 §1, 11-14-1988]
A.
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Chapter 711 SLCRO (St. Louis County Revised Ordinances), may exceed these limitations.
B.
Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, Chapter 625 SLCRO.
C.
Odor. Every use shall be so operated that no offensive or objectionable odor is emitted, in accordance with the requirements of the Air Pollution Code, Chapter 612 SLCRO.
D.
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612 SLCRO.
E.
Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceed the emission levels of the Air Pollution Code, Chapter 612 SLCRO.
F.
Emission Of Dirt, Dust, Fly Ash, And Other Forms Of Particulate Matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, Chapter 612 SLCRO.
G.
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
H.
Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such manner as to be imperceptible along any lot line without instruments.
I.
Fire And Explosion Hazard.
1.
The storage or utilization of solid materials within commercial and industrial areas ranging from incombustible to moderate burning is permitted.
2.
The storage or utilization of solid materials within commercial and industrial areas ranging from free or active burning to intense burning is permitted provided the following conditions are met:
a.
The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the Fire Protection District and the National Fire Protection Association or its successors.
b.
All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Fire Protection District and the National Fire Protection Association or its successors.
c.
Such materials, if stored outdoors, shall be no closer than one hundred fifty (150) feet to the nearest lot line or in conformance with the standards and regulations of the Fire Protection District and the National Fire Protection Association or its successors in the event of more stringent requirements.
3.
The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and storage of finished products in original sealed containers:
a.
Such materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls and handled in accordance with the standards and regulations of the Fire Protection District and the National Fire Protection Association or its successors, and, in addition, all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Fire Protection District and the National Fire Protection Association or its successors.
Section 400.420 Future Revisions.
[CC 1976 App. A §6.04; Ord. No. 2449 §1, 11-14-1988]
Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the performance standard regulations shall become a part of these regulations.