All uses in districts where reference is made to this article shall conform to the standards of performance described below. It is the intent of this article to provide restrictions on properties so as to protect adjacent and nearby properties from noise, pollution, visual and other aesthetic distractions, and other similar undesirable effects.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Noise. Every use shall be operated so as to comply with the county noise ordinance or any amendments thereto relating to noise.

(b)

Screening. When located within 300 feet of a residential district, all industrial processes (welding, spray painting, fabrication or manufacture of products, equipment repair and similar processes) shall be within completely enclosed buildings. When located within 300 feet of a residential district, all storage areas, except storage of passenger vehicles, shall be effectively screened from view by a solid fence or wall a minimum of six feet in height. When directly abutting a residential district, all nonresidential uses of land shall be screened along such abutting property line by a solid fence or wall a minimum of six feet high in accordance with the provisions of section 70-775; and no storage, except storage of passenger vehicles, shall be permitted within 20 feet of any residentially zoned property.

(c)

Pollution, visible emissions, dust, dirt, odors and fumes. Every use shall be operated so as to prevent the emission of smoke, dust, fumes or other pollutant as defined by the state department of environmental regulation and county air quality ordinances, as amended, from any source whatsoever in quantity or at a level that is or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or unreasonably interfere with the enjoyment of life or property, including outdoor recreation, or in excess of that specified or allowed by any state or county permit. Any operation that emits or can reasonably be expected to emit any pollutant shall obtain an appropriate permit from the department of environmental regulation and/or the county.

(d)

Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake or the ground, of waste or other matter in amounts that will exceed the maximum standards established by local, federal or state law.

(e)

Fire and safety hazard. Each use shall be so operated as to minimize the danger from fire and explosion.

(1)

All uses determined to be of a hazardous nature, using the standards set forth by the National Fire Protection Association shall be provided with additional setbacks as determined by National Fire Protection Association standards.

(2)

Such additional setbacks, if any, shall be determined by the fire marshal during review of plans.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

It is the purpose of this division to provide appropriate standards relating to the operation of certain activities throughout the city. Such operations may create or maintain such excessive noise, vibration, air pollution, odor or electromagnetic interference as to be a detriment to the public health, comfort, convenience, safety and welfare. These standards are therefore provided to protect the public interest and promote the public health and welfare.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

This division shall apply to all uses including accessory uses within the jurisdiction of the city.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Any applicant for zoning approval shall, where applicable, submit technical information and evidence to indicate that the performance standards of this article will be met. In addition, any use where a pollution emission is contemplated, shall, in accordance with state laws, secure a permit for a pollution emission. Such permits are issued by the state department of environmental protection.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Continued compliance with this article is required and shall be enforced. If necessary, the city shall utilize the facilities and technicians of the state department of environmental regulation in enforcing this article. Certain uses established before the effective date of this chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Certain uses, determined to be pollution-prone by the developmental review board or city council, may require the posting of a performance bond as a condition for the issuance of a building permit. The performance bond shall cover the full cost of the acquisition and installation of pollution control devices and materials. The city council or its designee shall seek expert advice on matters of pollution control, and payment for this expertise shall be provided by the applicant as part of the cost of the permit.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Noise. The county noise ordinance, as amended, is adopted as the noise ordinance of the city, and such law is incorporated herein by reference to the same extent as if set out in full.

(b)

Air pollution.

(1)

Smoke. No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment or incinerator the shade or appearance of which is darker than shade No. 1 of the Ringelmann Smoke Chart to be emitted into the outdoor atmosphere.

(2)

Open burning. No person shall conduct a salvage operation or destroy refuse by open burning.

(3)

Air contamination.

a.

No person shall cause, suffer, allow or permit the emission of any noxious or offensive odor from any air contamination source.

b.

No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted that may constitute a nuisance or that can cause any damage to health of animals, vegetation or other forms of property, or that can cause excessive soiling.

(c)

Water pollution. The standards for water pollution shall be those of the state department of environmental protection.

(d)

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the property from which they are emitted.

(e)

Radioactivity and electrical disturbance. The standards for radioactive emissions shall be those of the U.S. Federal Atomic Energy commission. No electrical disturbance is permitted that adversely affects the operation of any equipment.

(f)

Glare. No direct or sky-reflected glare visible at abutting property lines is permitted, whether from floodlights, high-temperature processes such as combustion or welding, or other source.

(g)

Vibration. No vibration shall be permitted that is detectable without instruments at the property lines.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)