Chapter 25.41 — PERFORMANCE STANDARDS

• A. Purpose. This chapter establishes performance standards intended to guard against the use of any property or structure in any zoning district in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable condition or element that adversely affects the health and safety of residents, the community, and the surrounding area and adjoining premises.

• B. Applicability. The minimum requirements in this chapter apply to all land uses in all zoning districts, unless otherwise specified.

• C. Exceptions. Compliance may be waived by the Review Authority if a condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exemptions from compliance with the performance standards are as follows.

  1. Temporary Activity. Festivals and other special events with approved Temporary Use Permits or other required permits, where such activities otherwise comply with other applicable provisions of this title.

  2. Emergency Activities. Any emergency activity on the part of the City, any other government agency, or a private party.

3. Construction Activity. Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of this Code.

(Ord. 2000 § 2, (2021))

• A. Land or 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.

• B. These performance standards are general requirements and shall not be construed to prevent the Review Authority from imposing, as part of project approval, specific conditions that may be more restrictive, in order to meet the intent of this title.

• (Ord. 2000 § 2, (2021))

• A. No use or activity shall be conducted without first obtaining any required permit from the Bay Area Air Pollution Quality Management District.

• B. Uses shall be conducted to prevent dust or other airborne material from crossing property lines.

• (Ord. 2000 § 2, (2021))

All uses of property shall comply with the provisions of Title 15 (Water and Sewers) of the

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City of Burlingame, CA

ZONING

§ 25.41.040

§ 25.41.090

Municipal Code. (Ord. 2000 § 2, (2021))

The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system, or onto the ground. (Ord. 2000 § 2, (2021))

• A. Shielding. Every existing or proposed use, activity, or process or portion thereof producing glare shall be shielded in such a manner that the glare is not perceptible at or beyond any property line.

• B. Reflective Materials. Highly reflective wall surface material and mirror glass is prohibited if located within view of vehicles in the public right-of-way.

• (Ord. 2000 § 2, (2021))

No use shall be established nor any activity conducted which violates the standards of Chapter 10.40 (Radio Interference, Loudspeakers, etc.) of the Municipal Code. (Ord. 2000 § 2, (2021))

All uses of property shall comply with the provisions of Chapter 8.16 (Solid Waste) of the Municipal Code.

(Ord. 2000 § 2, (2021))

• A. Nonresidential Properties. All uses of nonresidential property shall comply with the provisions of Section 1.16.015 (Nonresidential Property Nuisances) of the Municipal Code.

• B. Residential Properties. All uses of residential property shall also comply with the provisions of Section 1.16.015 (Nonresidential Property Nuisances) of the Municipal Code.

• (Ord. 2000 § 2, (2021))

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City of Burlingame, CA