No building permit or Certificate of Occupancy shall be granted for any use, unless the enforcement officer shall find that the use shall conform to the standards set forth in this section and those relevant to state and local laws.

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazards, including possible potential hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element (referred to herein as "dangerous or objectionable elements") in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises; provided, that any use permitted or not expressly prohibited by this title may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence.

The standards of performance under this title shall apply uniformly to all uses even though nonindustrial uses are unlikely to be in conflict therewith.

Standards of performance imposed by any other law or ordinances which are not expressly mentioned in this title shall also be complied with.

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating such elements and at any points where the existence of such elements may be more apparent (herein referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in this chapter shall be taken at different points in different districts in relation to the establishment or use creating the element being measured (herein referred to as "point of measurement") as follows: in any district twenty-five (25) feet from the establishment or use, or at the property line if closer to the establishment or use.

The following provisions, standards and specifications shall apply:

A.

Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any point unless authorized by permit of the state or local agency having appropriate jurisdiction subject to such conditions as may be prescribed by such agency in case. The relevant provisions of state and local laws and regulations shall also apply.

B.

Radioactivity of Electric Disturbance. No activities shall be permitted which violate the requirements and standards of the Radiation Protection Regulations of the Kansas State Department of Health and Environment, and no airport electrical disturbance or any disturbance resulting from radio or television transmission shall be tolerated which affects adversely the operation at any point of any equipment other than that of the creator of such disturbance.

C.

Noise Limitations:

1.

Sound levels shall be measured with a sound level meter and associated level band filter manufactured according to standards prescribed by the United States Standards Institute. Impulsive type noises shall be subject to the performance standards, hereinafter prescribed provided that they are measured with such equipment. Noises capable of being so measured, for the purpose of this title, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (2) decibels. Noises capable of being so measured shall be so muffled or otherwise controlled, as not to become objectionable, due to intermittence, beat frequency, impulsive character (hammering, etc.), periodic character (humming, screeching, etc.) or shrillness. Sirens, whistles, bells, etc., which are maintained and utilized solely to serve a public purpose (such as fire, ambulance, police and air raid warning sirens) shall be excluded from the above regulations.

2.

No industrial activity shall be responsible for the transmission of noise across any residential or business zoning district boundary line in excess of the levels established below:

D.

Vibration Limitations.

1.

Earthborn vibrations from any industrial operation, equipment or process shall not constitute a nuisance nor exceed the displacement limits set forth herein. Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system.

2.

No industrial activity shall be responsible for the transmission of earthborn vibrations across any residence or business zoning district boundary line in excess of the displacement limits established through use of the following formula:

D = 0.003
  f

D = the maximum allowable displacement in inches

f = the vibration frequency in cycles per second

E.

No use shall be permitted or so operated as to produce or emit from a vent, stack, chimney, or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four (4) minutes during any eight-hour period if the source of such emission is not located with two hundred fifty (250) feet of residentially zoned property.

F.

Toxic Matter Limitations. In any district, toxic materials which are released shall not exceed ten percent (10%) of the maximum permissible airborne concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed an industrial worker are not contained in the most recent list of Threshold Limit Values published by the American Conference of Governmental Industrial Hygienists, the applicant shall satisfy the County Health Officers that proposed levels will be safe to the general population.

G.

Odorous Matter Limitations. The release of odorous matter from any district across residence or business district boundary lines shall be so controlled that, at ground level or at habitable elevations, the concentration shall not exceed the odor threshold. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses.

H.

Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from and adjoining residentially zoned property of from public streets. Direct of sky-reflected glare, from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light of a public street shall not exceed one (1) foot-candle (meter reading) as measured from the center line of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed one-half (0.5) foot-candles (meter reading) as measured from such property line.

I.

Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system or stream or into the ground or on the surface of the ground, except in accord with standards approved by the Johnson County Environmental Department or the Kansas Department of Health and Environment, as the case may be, or standards equivalent to those approved by such authorities for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with the orderly operation of public sewage collection and treatment systems, or otherwise cause the emission of dangerous or offensive elements shall be permitted.

J.

Other Nuisance Conditions. Any condition conducive to the breeding of rodents or insects or any other dangerous, noxious, injurious or objectionable condition, substance or element which would create any hazard to the public health, peace or comfort or to hinder the appropriate use of land shall be prohibited.

(Prior Code Appendix A(5.1-6))

A.

Any person aggrieved by a decision of the enforcement officer in applying the standards set forth in this chapter may appeal to the Governing Body from such decision by filing a notice of appeal within thirty (30) days after written denial by the enforcement officer of issuance of a permit.

B.

Any violation of a Certificate of Occupancy granted after issuance of a permit in accordance with this chapter shall constitute a violation of this title and shall be subject to penalties herein provided.

The uses listed in this section are prohibited in the City, unless the applicant for such use submits clear convincing and cogent evidence to the enforcement officer that such use shall comply in every respect with the performance standards set forth in this chapter and other related ordinances and regulations.

A.

Manufacturing uses involving primary production of the following products from raw materials:

1.

Asphalt, cement, charcoal and fuel briquettes;

2.

Chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature; potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric and sulfuric acids;

3.

Coal, coke and tar products, including gas manufacturing; explosives; fertilizers, gelatin, glue;

4.

Mercury and mercury compounds;

5.

Linoleum and oil cloth; matches; paints, varnishes and turpentine;

6.

Rubber (natural or synthetic); soaps (natural or synthetic) including fat rendering; starch;

7.

Pesticides.

B.

The following processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubrication oil; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper mill operations.

C.

Operations involving stockyards and slaughterhouses, grain elevators, slag piles and keeping, breeding and raising of pigs, cattle and poultry for commercial purposes.

D.

Bulk or wholesale storage of gasoline.

E.

Sanitary and earth landfills and junkyards.

F.

Quarries, stone crushers, screening plants and storage of quarry screenings.

G.

Incineration of waste materials.

H.

Disposal of septic or sewage wastes, except as expressly authorized by the Kansas Department of Health and Environment.

I.

No loading dock shall be permitted to face any street unless a screening plan therefore is approved as part of the site plan.

J.

No activity shall be permitted that creates an electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or which otherwise causes, creates, or contributes to the interference with electronic signals (including television, radio, and telephone broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

K.

No odor shall be permitted at any lot line or property line exceeding the lowest amount set forth in Table III (Odor thresholds) of Chapter 5, "Physiological Effects", of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the compounds described therein, unless a specific remedy to mediate odors which may exceed the established thresholds have been approved by the Planning Commission and Governing Body. For compounds not described in table III, odor thresholds may be established by methods indicated in Chapter 5 of the manual, and no odor shall be permitted at any lot line or property line exceeding the amount determined by the application of such methods, except for the uses, which include wastewater treatment facilities and solid waste municipal landfills for which methods established to reduce odors have been undertaken.

L.

No emission of air contaminants from any source within the boundaries of any lot or tract shall exceed emission rates established by the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-3001 et seq., or amendments thereto, and any administrative regulations adopted thereunder.

M.

No use may generate any ground-transmitted vibration in excess of .10-inch per second at the property line or in exceed of .02-inch per second measures at any residential property line. These values may be multiplied by two (2) for impact vibrations (i.e. discrete vibration pulsations not exceeding one (1) second in duration and having a pulse of at least one (1) second between pulses).