Lake County Zoning Code § 41.3 Exceptions

• (a) Uses which are not in compliance with all applicable performance standards at the time of zoning clearance shall require a use permit. The Planning Director shall determine whether a minor or major use permit is required based on the specific characteristics of the proposed use in relationship to the applicable performance standard(s). A major use permit shall be required when the performance characteristics of the proposed use:

  1. Have the potential to significantly impact the environment; or

  2. Have the potential to create substantial public controversy; or

  3. Have the potential to injure the public health, safety or welfare.

  • (b) The following agricultural uses are exempt from the provisions of Sections 41.6, 41.8, 41.9, 41.11 and 41.15: Livestock grazing, crop and tree farming; animal husbandry; apiaries; and aviaries.

  • (c) The performance standards contained in the following Subsections are the required minimum. They shall not be construed as preventing the Review Authority, as part of any discretionary approval, to require more restrictive standards as deemed necessary.

• 41.4 Air quality: All uses shall comply with applicable local, state, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not

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limited to, emissions of suspended particulates, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes.

• 41.5 Electromagnetic interference: Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. (Ord. No. 1749, 7/7/1988)

• 41.6 Erosion control: The following erosion control standards shall apply to all development projects in commercial or industrial zoning districts:

  • (a) The smallest practical area of land shall be exposed at any one time during development.

  • (b) When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

  • (c) Natural features such as trees, groves, natural terrain, waterways, and other similar resources shall be preserved where feasible.

  • (d) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

  • (e) The permanent final vegetation and structures shall be installed as soon as practical in the development.

  • (f) Wherever feasible the development shall be fitted to the topography and soils to create the least erosion potential.

  • (g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.

  • (h) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development where needed.

• 41.7 Fire and explosion hazards: All uses involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local, state and federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment.