Chapter 18.66 — PERFORMANCE STANDARDS

This chapter establishes objective standards for the identification, review, and abatement or prevention of nuisances. The section is intended to ensure that industries and commercial establishments implement necessary control measures to protect the community from hazards and nuisances, and to protect industries from arbitrary exclusion. This section may be applied to any use in any zones which has the potential to cause the hazards and nuisances identified in this title.

(Ord. No. 743, § 3, 3-21-2017)

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, noise, vibration, smoke, fumes, gases, 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 substance, condition or element (referred to in this chapter

as "dangerous or objectionable elements"), in such a manner or in such amount as to violate the regulations of this chapter limiting dangerous and objectionable elements.

(Ord. No. 743, § 3, 3-21-2017)

Should the development services director believe that a proposed use in any district is likely to create or emit dangerous or objectionable elements, he or she may invoke the performance standards procedures in this chapter during the development application process. Building permits and business licenses will be issued contingent on the determination by the development services director that the effect of potential hazards and nuisances on the community have been addressed.

(Ord. No. 743, § 3, 3-21-2017)

Whenever the performance standards procedure has been invoked, the applicant shall submit, as part of the development application process, a plan and supplemental statement of the proposed machinery, processes, applications, and products that may cause dangerous or objectionable elements and the techniques to be used in obviating the emission of dangerous or objectionable elements as defined in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

If the development services director determines that a proposed use identified prior to or during the development plan process may cause the emission of dangerous or objectionable elements, he or she may refer the applicant to one or more expert consultants qualified to advise as to whether a proposed or existing use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements. In the case of an existing use determined to be creating or emitting such elements, the operator of the use may be required to retain a consultant(s) to analyze and advise. Such consultant shall address his report to the development services director and a copy to the applicant or operator at the same time.

(Ord. No. 743, § 3, 3-21-2017)

Within 30 days after the development services director has received the application provided for in Section 18.76.030, or the report provided for in Section 18.76.050, if a report is required, the development services director shall decide whether the proposed use will conform to the requirements of this chapter, and, on such basis, shall authorize or refuse to authorize issuance of a building permit or require a modification of the proposed plan of construction or specifications, and proposed equipment or operation. Any 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 building permit.

(Ord. No. 743, § 3, 3-21-2017)

Whenever the performance standards procedure has been invoked and a building permit issued, the development services director shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the commission of the occurrence or existence of a probable violation thereof. The development services director shall investigate the alleged violation, and may employ qualified experts as necessary to determine whether a violation has occurred and to determine its extent. If it is determined by the development services director that a violation has occurred or exists, a copy of the findings shall be forwarded to the planning commission. The services of any qualified experts shall be financed by the violator if the violation is established; otherwise, the cost shall be borne by the city.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.68 - NONCONFORMING USES