Colfax Municipal Code § 17.120.030 Nonconforming uses—Compliance required—Time limits

Performance standards shall be enforced for the control of agricultural, commercial and industrial uses in the city for the following purposes:

A. To permit potential nuisances to be measured factually and objectively in terms of the potential nuisance itself;

B. To ensure that all industries will provide necessary control methods to protect the city from hazards and nuisances which can be prevented by modern processes of control and nuisance elimination; and

C. To protect any industry from arbitrary exclusion or persecution based solely on the characteristics of uncontrolled production in such type of industry in the past.

(Ord. No. 519, 8-8-2012)

No use shall be undertaken or maintained unless it conforms to the provisions of this chapter in addition to the provisions of this title for the district in which such use is located. Initial and continued compliance with the performance standards set forth in this chapter shall be required for every use, even though such compliance is not required for a particular use to secure a zoning clearance certification.

(Ord. No. 519, 8-8-2012)

Any use established on or before August 24, 1967, which use is nonconforming as to the performance standards set forth in this chapter, shall be made to conform with the provisions of this chapter on or before August 24, 1972.

(Ord. No. 519, 8-8-2012)

The planning director may require such reviews for any use in any district when he or she has reason to believe that such use or the manner of its operation does not conform to the performance standards set forth in this chapter.

(Ord. No. 519, 8-8-2012)

No land or building in any district shall be used or occupied in any manner so as to create dangerous or objectionable elements, which shall include:

A. Dangerous, injurious, noxious or otherwise objectionable fires, explosives or other hazards;

B. Noise, vibration, smoke, dust, odor or other forms of air pollution;

C. Heat, cold, dampness, glare, electrical or other disturbances;

D. Liquid or solid refuse or wastes; and

E. Other substances, conditions or elements used in such a manner or in such an amount as to affect adversely the surrounding areas or adjoining premises of any land or building.

(Ord. No. 519, 8-8-2012)

The determination of the existence of dangerous and objectionable elements shall be made at the location of the use creating such elements and at any point where the existence of such elements may be more apparent (referred to in this chapter as "at any point"); provided, however, the measurements necessary for the enforcement of the performance standards set forth in Sections 17.120.070 through 17.120.100 of this chapter for noise, vibrations, odors and glare shall be taken at the following points of measurement:

A. In any district except the industrial district (I): beyond the lot line of the establishment or use; and

B. In the industrial district (I): five hundred (500) feet from the establishment or use or at the boundary of the district, if closer to the establishment or use or at any point within an adjacent district other than the industrial district.

(Ord. No. 519, 8-8-2012)

It is unlawful for any business operation to make or continue or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others within the city when not in the normal or usual conduct of commercial or industrial business.

(Ord. No. 519, 8-8-2012)

No vibration (other than from a transportation facility or temporary construction work) shall be permitted which is discernible without instruments at the point of measurement set forth in Section 17.120.060 of this chapter.

(Ord. No. 519, 8-8-2012)

No emission of odorous gases or other odorous matter shall be permitted in excess of the most recent standards adopted by the Placer County Air Pollution Control District and Placer County Department of Environmental Health. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.

(Ord. No. 519, 8-8-2012)

No direct or sky-reflected glare, whether from floodlights or from high temperature processes, such as combustion, welding or otherwise, shall be permitted to be visible at the point of measurement set forth in Section 17.120.060 of this chapter. The restriction set forth in this section shall not apply to signs or the lighting of buildings or grounds for advertising or protection as otherwise permitted by the provisions of this title.

(Ord. No. 519, 8-8-2012)

All activities involving and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices standard in the industry. The burning of waste materials in open fires shall be prohibited at any point.

(Ord. No. 519, 8-8-2012)

No activity shall be permitted which emits dangerous radioactivity at any point or electrical disturbances adversely affecting the operation at the point of any equipment other than that of the creator of such disturbance.

(Ord. No. 519, 8-8-2012)

No emission of visible smoke from any chimney or other source or gas in excess of the most recent standards adopted by the Placer County Air Pollution Control District shall be permitted.

(Ord. No. 519, 8-8-2012)

No emission at any point shall be permitted which can cause damage to human or animal health, to vegetation or to other forms of property or which can cause any excessive soiling. No emission shall be permitted in excess of the most recent standards adopted by the Placer County Air Pollution Control District.

(Ord. No. 519, 8-8-2012)

No discharge shall be permitted at any point into any public sewer, private sewage system, stream or into the ground and of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements, except in accordance with the most recent standards approved by the Placer County Environmental Health Services Department and California Regional Water Quality Control Board. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces. Any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.

(Ord. No. 519, 8-8-2012)

The planning director or his or her designee shall investigate any purported violations of such performance standards and may employ qualified experts for such investigations. If the planning director finds that a violation has existed or does exist, the planning director may establish a reasonable time within which compliance with the performance standards shall be achieved. Should the planning director find that the public health, convenience or welfare so require, he or she may order the offending establishment to cease operations until proper steps are taken to correct the conditions which cause the violation. A copy of such findings and rulings shall be forwarded to the offending violator. The services of any qualified expert employed by the planning director to advise in establishing a violation shall be paid by the violator if the violation is established; otherwise the city shall pay for such services.

(Ord. No. 519, 8-8-2012)

Provisions for the enforcement of continued compliance with the performance standards set forth in this chapter shall be invoked by the planning director and/or any state and county agencies charged with primary responsibility over such standards against any use if there are reasonable grounds to believe that such performance standards are being violated by such use.

(Ord. No. 519, 8-8-2012)