Fowler Municipal Code Ch. 9.180 Performance Standards

This Chapter establishes general performance standards in order to ensure compatibility of new and existing operations with surrounding areas and land uses.

The standards in this Chapter shall apply to new and existing uses in all zones.

A. Proposed or Expanded Uses. Consistency with the regulations contained in this Chapter shall be reviewed concurrent with any required land use permit for the proposed or expanded use. In the absence of a required land use permit, a Zone Clearance shall be required for review and approval in accordance with Chapter 9.105 (Zone Clearance).

B. Existing Uses. The Director may determine that there are reasonable grounds to believe that an existing use may be violating these performance standards and may initiate an investigation, the following shall apply.

1. Where determinations can reasonably be made by the Director using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be made before a notice of violation is issued in accordance Chapter 9.20 (Enforcement). Where technical complexity or extraordinary expense make it unreasonable for the City to maintain the personnel or equipment necessary for making a determination, procedures as herein set forth shall be available for protecting individuals from arbitrary administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

2. Where determination of violation of performance standards can be made using equipment and personnel available to the City or obtainable without extraordinary expense, determination of violation shall be made; and the Director shall initiate a code enforcement action to eliminate such violation.

3. Where determination of violation entails the use of skilled personnel and instrumentation not ordinarily available to the City and when, in the judgment of the Director a violation exists, the procedure shall be as follows:

a. Notice. The Director shall give a written notice, by posting on the property and by USPS certified mail to the parties responsible for the alleged violation. Such notice shall describe the alleged violation and shall require a response or correction of the alleged violation within a reasonable time limit set by the Director. The notice shall declare that failure to reply or to correct the alleged violation within the time limit set constitutes admission of violation. The notice shall further state that upon request of those to whom is the notice is directed, that they may appeal the alleged violation and technical determinations as described in the appropriate portions of these provisions will be made, and if that violation as alleged is sustained, costs of the technical determinations will be charged against those responsible in addition to such other penalties as may be appropriate. If it is determined that no violation exists, costs of the determinations will be paid by the City.

b. No Correction. If the alleged violation is not corrected within the time limit set or if there is no reply within the time limits set thus establishing admission of violation as provided above and the alleged violation is not corrected within the time limit set, the Director shall take such action as warranted by continuation of an admitted violation after notice to cease.

c. Extension Request. The Director may grant an extension of time if such extension will not cause imminent peril to life, health, or property. In acting on such requests for extension of time, the Director shall state in writing reasons for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means ensuring a signed receipt, to those to whom original notice was sent.

d. Appeal and Technical Determination Request. If a reply is received within the time limit set requesting an appeal and technical determinations as described in the appropriate provisions of this Section and if the alleged violations continue, the Director may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be paid by the responsible parties for the violations, in addition any other penalties in accordance with Chapter 9.20 (Enforcement) of this Code. If no violation is found, costs of the technical determination shall be paid by the City.

A. Noise. No use shall create noise that causes the exterior noise level when measured on any other property to exceed the following thresholds as compared to the noise levels contained in Table 9.195.040-1: Noise Level Standards:

1. The noise standard for a cumulative period of more than thirty (30) minutes in any hour.

2. The noise standard plus ten (10) dB for a cumulative period of more than five (5) minutes in any hour.

3. The noise standard plus twenty (20) dB or the maximum measured ambient level, for any period of time.

Table 9.195.040-1: Noise Level Standards

Notes:

1 The specified noise standards shall not apply to railroad operations, motor vehicles, including trucks, or to agricultural equipment used in the cultivation of any agricultural land.

B. Vibration. No vibration shall be permitted that is perceptible without instruments at the property line of the source use or beyond. For the purpose of interpretation, the perception threshold shall be presumed to be a motion velocity of zero and one one-hundredths (0.01) inches per second over a range of one (1) to one hundred (100) Hertz.

C. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily discernible without instruments at the property line of the source use or beyond.

D. Glare. No direct or sky-reflected glare, whether from floodlights or from a high temperature process such as combustion or welding or otherwise, shall be permitted so as to be visible at the property line of the source use or beyond.

E. Fire and Explosion Hazards. All activities involving inflammable and explosive materials shall be provided with adequate safety devices, and adequate firefighting and fire suppression equipment, as required by Title 8 (Building Regulations) of the Fowler Municipal Code.

F. Radio and Electric Disturbance. No activities shall be permitted that emit electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

G. Air Pollution. All uses shall be subject to the rules and regulations established by the San Joaquin Valley Air Pollution Control District, and the State and federal government.

H. Liquid and Solid Waste. No discharge into the public sewer, private sewage system or into the ground shall be permitted, except in compliance with the standards of the State Department of Health, the City of Fowler, the California Regional Water Quality Control Board, and the Selma-Kingsburg-Fowler County Sanitation District. 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 and any waste that might be attractive to rodents or insects shall be stored outdoors only in closed containers.