Sidebar Planning and Zoning Code- Section 15

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SECTION 15- PERFORMANCE STANDARDS

15.01 GENERAL REQUIREMENTS- No land or structures in any zone 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, electrical or other substance, condition or element; in such a manner or in such quantities and of such characteristics and duration as to be, or likely to be, injurious to public welfare, to the health of human, plant or animal life or to property in the adjoining premises or surrounding area (referred to herein as "dangerous or objectionable elements") provided that any use permitted or not prohibited by this Code may be established and maintained provided it conforms to the provisions of this section.

15.02 EXISTING NON-CONFORMING AND NEW USES-

  • 15.02.01 PERFORMANCE STANDARDS - REVIEW- Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Commission shall make a preliminary investigation of the matter. In the event that the Commission concurs in the allegation that there exists or are likely to be created such dangerous or objectionable elements it shall request the Common Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of said dangerous or objectionable elements and of practicable means of remedying such condition.
  • 15.02.02 LOCATION WHERE DETERMINATIONS ARE TO BE MADE FOR ENFORCEMENT OF PERFORMANCE STANDARDS- The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such element may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards shall be taken, in any industrial zone at the boundary or boundaries of such zone, or at any point within an adjacent Residential Zone.
  • 15.02.03 ENFORCEMENT- Upon receipt of the findings and recommendations of such specialist or laboratory the Commission may approve, partially approve or disapprove the measure recommended therein and instruct the enforcement official to proceed with the enforcement of said measures in accordance with the provisions of this Code.
  • 15.02.04 COST OF INVESTIGATION, etc.- The City shall bear the costs of various tests, consultant fees or other investigations which are required herein, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation of use of said property is found to be in violation of the provisions of this section by the Commission, or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within ninety (90) days from the date of final Commission ruling or court judgment.
  • 15.02.05 CONTINUAL COMPLIANCE- Any use authorized under the provisions of this Section shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
15.03 NEW USES- In addition to the standards herein above stated, every use permitted from the effective date of this Section, unless expressly exempted by this Code, shall be operated in its entirety within a completely enclosed structure or a completely enclosed fence except residential uses and shall comply with the following provisions:
  • 15.03.01- A solid wall, cyclone-type fence or uniformly painted fence or fire-resistant material with a minimum of five (5) feet and maximum of eight (8) feet finished grade (or above roof level or on a roof).
  • 15.03.02- Required walls or fences shall not encroach into front yard but shall be located no closer to the front lot line than the front building line.
  • 15.03.03- Such buffer strips, shrubs, trees, walls or fences shall be maintained in good condition at all times.
  • 15.03.04- The exemption of a use from this requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
  • 15.03.05- No Parking of vehicles shall be allowed within five (5) feet of the front line except in industrial zones only.
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