Every use, activity, process or operation located or occurring in the city 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 the date of adoption of this chapter, 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 in violation of the environmental performance standards shall not in itself make such use subject to article VI of this chapter.

(Code 2006, § 405.230; Code 2008, § 405.230; Ord. No. 1076, §§ 1, 2, 7-26-1990)

(a)

Whenever, in the opinion of the community development director, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he shall give written notice of at least seven days' duration that the use or occupancy must be corrected. In case of an emergency he may take immediate action deemed appropriate to correct the violations. He 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 analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in article XI of this chapter.

(c)

If a complaint is received regarding an alleged violation of any of the provisions of this article the community development director shall, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount of $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.

(Code 2006, § 405.235; Code 2008, § 405.235; Ord. No. 1076, §§ 1, 2, 7-26-1990)

(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.

(b)

Noise. Refer to title II, Public Health, Safety and Welfare, chapter 210, Offenses, section 210.290 of the Code of Ordinances for noise regulations.

(c)

Odor. Every use shall be so operated that no offensive or objectionable odor is emitted, judged objectionable by 60 percent of a panel of ten untrained subjects.

(d)

Smoke. Every use shall be so operated that no smoke from any source shall be emitted of a greater density than allowable by any federal or state requirements.

(e)

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases that are detrimental to any person or to the public or which would endanger the health, comfort, and safety of any such person or the public, or which would cause or have a tendency to cause injury or damage to persons, property or business.

(f)

Emission of dirt, dust, fly ash, and other forms of particular matter. The emission of dirt, dust, fly ash and any other forms of particulate matter shall not exceed any federal or state regulations.

(g)

Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with all federal and state regulations.

(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)

Hazardous materials. No hazardous materials as defined by state law or federal regulations shall be stored for long periods of time or disposed of on the industrial or commercial tract within the city property.

(j)

Fire and explosion hazard.

(1)

The storage or utilization of solid materials ranging from incombustible to moderately flammable is permitted.

(2)

The storage or utilization of solid materials 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 city fire protection district and the National Fire Protection Association or its successors.

b.

Such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the city fire protection district and the National Fire Protection Association or its successors.

c.

Such materials, if stored outdoors, shall be no closer than 150 feet to the nearest lot line or in conformance with the standards and regulations of the city fire protection district and the National Fire Protection Association or its successors.

(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: Such materials or products shall be stored or utilized within completely enclosed buildings having non-combustible exterior walls and handled in accordance with the standards and regulations of the city 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 city fire protection district and the National Fire Protection Association or its successors.

(Code 2006, § 405.240; Code 2008, § 405.240; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 2912, § 2, 8-27-2008; Ord. No. 4484, § 1, 4-24-2024)