Solano County Zoning Code § 28.95 Performance Standards

• A. Applicability . No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; radioactivity, electrical or other disturbances; glare; liquid or solid refuse or wastes; or other substances, condition or element referred to herein as dangerous or objectionable elements in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises; provided, that any use permitted by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements.

B. Performance Standards Procedure .

1. Performance standards may be imposed on a proposed use otherwise allowed by right within the zoning district if the Zoning Administrator determines that the proposed use is likely to create or emit dangerous or objectionable elements. The Zoning Administrator’s determination may be appealed to the Planning Commission.

2. If the Zoning Administrator determines that the proposed use may cause the emission of dangerous or objectionable elements, the Zoning Administrator may refer the applicant to one or more expert consultants qualified to advise as to whether a proposed use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements for investigation and report. Such report shall set forth definite findings as to the actual performance of the proposed use, and in a positive and concise manner, recommend such additional installations or safeguards, or devise such standards to be applied as would obviate the creation or emission of dangerous or objectionable elements. Such consultant or consultants shall address his report to the Zoning Administrator and a copy to the applicant at the same time.

3. Whenever the performance standards procedure has been invoked, the applicant shall submit, in addition to the application for a building permit, a plan in duplicate and supplemental statement of the proposed machinery, processes and products, and specifications or standards for the mechanisms and techniques to be used in obviating the emission of dangerous and objectionable elements as set forth in this section. Building permits may be issued only as described in the performance standards approved by the Zoning Administrator for the use.

(Revised 6/26)

1039

Chapter 28

Zoning Regulations

4. Within 30 days after the Zoning Administrator has received the aforesaid application, or the aforesaid report if a report be required, the Zoning Administrator shall decide whether the proposed use will conform to the requirements of this section, and on such basis shall authorize or refuse to authorize issuance of a zoning-building permit or require a modification of the proposed plan of construction or specifications, proposed equipment or operation. Any zoning-building permit so authorized and issued shall be conditioned upon the applicant’s completed buildings and installations conforming in operation to the performance standards as stipulated in the zoning-building permit.

• C. Enforcement . Whenever the performance standards procedure has been invoked and a conditioned zoning-building permit has been issued, the Zoning Administrator shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Planning Commission of the occurrence or existence of a probable violation thereof. The Planning Commission shall investigate the alleged violation, and for such investigation may employ qualified experts and hold public hearings. If the Planning Commission finds that a violation has occurred or exists, a copy of such findings shall be forwarded to the Board of Supervisors. The services of any qualified experts employed by the Zoning Administrator or Planning Commission to advise in establishing a violation shall be financed by the violator, if such violation is established; otherwise by the County.

• D. Appeals . Appeal from the action of the Zoning Administrator may be made according to the provisions of Section 28.112.

(Ord. No. 1840, §37)