Performance Standards

1165.01 General requirements.
1165.02 Existing uses.
1165.03 Review of certain new uses.


Nonconforming uses - see P. & Z. Ch. 1113
M Manufacturing District; permitted uses - see P. & Z. 1141.01
Administration, enforcement and penalty - see P. & Z. Ch. 1189
Unsafe buildings - see BLDG. Ch. 1341

No land or structure in any district shall be used or occupied in any manner so as to create a dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element; in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as "dangerous or objectionable elements". However, any use permitted or not prohibited by this Zoning Code may be established and maintained if it conforms to the provisions of this chapter.
(Ord. 196. Passed 11-21-63.)


(a) Review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board of Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Board concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.

(b) Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve or disapprove the measures recommended therein and instruct the Building Inspector to proceed with the enforcement of such measures in accordance with the provisions of Chapter 1189.

(c) Cost of Investigation. The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein. The owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter, by the Board, or, if contested by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Board ruling or court judgment.
(Ord. 196. Passed 11-21-63.)


(a) Review of Application for Building Permit or Certificate of Occupancy. Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in subsection (b) hereof, and of such other uses which may be of similar characteristics in the opinion of the Building Inspector shall be referred by him to the Board of Zoning Appeals. The Board shall cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed in Section 1165.02.

(b) Uses Subject to Review. The following uses shall be subject to such performance standard review:

(1) Manufacturing involving the primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbons black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke and tar compound, explosives, fertilizers, gelatin, animal glue and size; gas manufacturing, unless incidental to a principal use; turpentine, matches, rubber, soaps and fat rendering.

(2) Processing involving the following: nitrating of cotton or other materials; magnesium foundry; reduction, refining and smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha, lubricating oil and the distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins; melting and alloying of metals; stockyards and slaughter houses, except for poultry; slag piles; storage of fireworks or explosives, except where incidental to a permitted principal use.

(c) Continual Compliance. Any use authorized under the provisions of this chapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.

(d) Costs of Review. The applicant shall bear the actual costs of all tests and investigations required under this section, which shall be in addition to the usual building and zoning permit fees prescribed by this Zoning Code.
(Ord. 196. Passed 11-21-63.)

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