In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, state and/or federal agencies. All uses, including those which may be allowed by planned development or special use permit, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, and vibration, and glare as set out in article 26.04 of this chapter.
(2006 Code, sec. 28-101; Ordinance 09-05-797, sec. 2 (art. IV, sec. 1), adopted 5/18/09)
All federal and state pollution, noise, and requirements for toxic waste disposal shall be observed by all uses, including those which may be allowed by planned development or special use permit.
(2006 Code, sec. 28-102; Ordinance 09-05-797, sec. 2 (art. IV, sec. 2), adopted 5/18/09)
No operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are:
(1) 
Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the ASTM, except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere, the standards specified in 3-1302-1 and 3-1302-2 shall not apply.
(2) 
The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.
(3) 
Open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne dust or other particulate matter, or which involve dust or other particulate air contaminants generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sandblasting, shall be so conducted that dust and other particulate matter so generated is not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1,000 cubic feet of air.
(2006 Code, sec. 28-103; Ordinance 09-05-797, sec. 2 (art. IV, sec. 3), adopted 5/18/09)
(a) 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
(b) 
The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials ASTMD 1391-57 entitled “Standard Method for Measurement of Odor in Atmospheres” shall be used, and a copy of ASTMD 1391-57 is hereby incorporated by reference.
(2006 Code, sec. 28-104; Ordinance 09-05-797, sec. 2 (art. IV, sec. 4), adopted 5/18/09)
(a) 
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted, except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire chief of the city.
(b) 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the city fire code or are approved by the fire chief.
(2006 Code, sec. 28-105; Ordinance 09-05-797, sec. 2 (art. IV, sec. 5), adopted 5/18/09)
No operation or use shall emit a concentration across the boundary property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the department of state health services in “Threshold Limit Values Occupational Health Regulation No. 3,” a copy of which is hereby incorporated by reference.
(2006 Code, sec. 28-106; Ordinance 09-05-797, sec. 2 (art. IV, sec. 6), adopted 5/18/09)
No operation or use shall at any time create earth-borne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:
Frequency
(Cycles Per Second)
Displacement
(in Inches)
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(2006 Code, sec. 28-107; Ordinance 09-05-797, sec. 2 (art. IV, sec. 7), adopted 5/18/09)
(a) 
The planning and zoning commission shall hold a public hearing on any request for a variation or exception to the standards provided by this article. The planning and zoning commission may not recommend a variation or exception unless the planning and zoning commission determines that the variation or exception will not substantially alter the intent of the standards established by this article.
(b) 
All recommendations of the planning and zoning commission under this article shall be forwarded to the city council. When the planning and zoning commission denies a request for a variation or exception to the standards set forth in this article, a hearing before the city council shall be set only if a written appeal is filed by the applicant with the city manager or his/her designee within 15 days of the date of the denial.
(2006 Code, sec. 28-108; Ordinance 09-05-797, sec. 2 (art. IV, sec. 8), adopted 5/18/09)