[9-21-2022 by Ord. 1782]
The purposes of this Chapter are to:
A. 
Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. 
Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. 
Protect industry from arbitrary exclusion from areas of the City.
[9-21-2022 by Ord. 1782]
The standards of this Chapter shall apply to all new uses in the City at the time of adoption of this Code. In addition, these standards apply to a change in use and major additions or renovations to existing structures (as defined in Article 7 (Definitions)).
A. 
The Director may approve an extension for compliance for existing uses with a contract and schedule for full compliance. The extension shall be based on the degree of expenditure needed to achieve full compliance comparted to the total value of the improvements related to the use and the degree of hazard or impact to the adjoining properties and the community from the existing noncompliance with the standards.
[9-21-2022 by Ord. 1782]
Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
[9-21-2022 by Ord. 1782]
Measurements necessary for determining compliance with the performance standards of this Chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
[9-21-2022 by Ord. 1782]
A. 
Any soil disturbance due to excavation, grading or building construction shall comply with the regulations and standards in Chapter 152: Dust Control of the City of Indio Municipal Code.
B. 
Any ground or soil disturbance due to excavation, grading, cultivating, plowing, removal of vegetation, or other similar acts shall comply with the regulations and standards in Chapter 155: Soil Erosion of the City of Indio Municipal Code.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes shall not operate in a manner that emits excessive dust, odor, fumes, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District (SCAQMD). The City shall consult, when appropriate, with SCAQMD to determine which uses shall be equipped with emission-control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by SCAQMD prior to issuance of a building permit or other approval authorizing construction activities. All devices shall be maintained by the owner.
[9-21-2022 by Ord. 1782]
No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
[9-21-2022 by Ord. 1782]
A. 
Development Noise.
No development project shall generate noise exceeding the maximum levels permitted in Table 11-1: Noise Compatibility Guidelines in the Noise Element of the City of Indio General Plan. An acoustic study shall be required for any proposed project which could create or be subject to a noise that exceeds the levels contained in Table 11-1 Noise Compatibility Guidelines of the General Plan should the Director determine that such a study is needed.
B. 
Vibration.
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.
C. 
Other Noise and Vibration Sources.
All land uses shall be subject to regulations and standards in Chapter 95C: Noise Control of the City of Indio Municipal Code.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes involving the use, storage, or disposal of hazardous and extremely hazardous materials shall be regulated and monitored according to standards established by the United States Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC), the Riverside County Department of Environmental Health, and the City of Indio Fire and Building Codes.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. No use shall store or process flammable or explosive materials more than the quantities exempted by the Building Code, unless a permit has been granted by the Fire Department. All incineration is prohibited with the exception of substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes shall not be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the property where the use is located.
[9-21-2022 by Ord. 1782]
Heat emitted by a use shall not cause a temperature increase of more than five degrees Fahrenheit on an adjacent property.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes shall not generate or emit any fissionable or radioactive materials into the atmosphere or sewage system or onto the ground.
[9-21-2022 by Ord. 1782]
A. 
Discharge.
Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with Title V (Public Works) of the City of Indio Municipal Code, Valley Sanitary Sewer District, other County agencies, and all applicable regulations of the Colorado River Basin Regional Water Quality Control Board.
B. 
Containment.
Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including but not limited to paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way that cannot be tracked or carried by wind off-site.