Chapter 5-10
PERFORMANCE STANDARDS APPROVAL

Sections:

5-10-010    Purpose.

5-10-020    Procedure.

5-10-030    Required data.

5-10-040    Report by expert consultants.

5-10-050    Findings – Planning commission.

5-10-060    Action – Planning commission.

5-10-010 Purpose.

The purpose of this chapter is to provide procedures and methods to permit nuisances to be measured in terms of the potential dangerous or objectionable elements rather than by classification of use which may not reflect actual conditions or nuisances; to provide control methods to protect the community from dangerous or objectionable elements; and to protect any potential use from arbitrary exclusion. (Ord. 442 § 24.10)

5-10-020 Procedure.

No land or building or structure in any district shall be used or occupied in any manner as to create any dangerous or objectionable elements in such a manner or such amount as to adversely affect the surrounding area or adjoining premises; provided, that any use in any district otherwise permitted by this code may be undertaken and maintained if it conforms to performance standards. Those uses specified in the industrial districts as subject to performance standards are required to obtain performance standards approval; provided, that any use in any district, in the opinion of the zoning administrator and so determined by the planning commission, may be required to obtain performance standards approval. (Ord. 442 § 24.20)

5-10-030 Required data.

Where performance standards approval is required, the application shall be accompanied by a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements as set forth in LPZC 5-10-020, sufficient to show evidence of compliance with performance standards. (Ord. 442 § 24.30)

5-10-040 Report by expert consultants.

The planning commission may require of the applicant such additional evidence and clarification as may be necessary to establish that the proposed use will conform to the performance standards specified in LPZC 5-10-020. (Ord. 442 § 24.40)

5-10-050 Findings – Planning commission.

The planning commission shall determine whether the proposed use conforms to the applicable performance standards. (Ord. 442 § 24.50)

5-10-060 Action – Planning commission.

If the planning commission approves the performance standards, the zoning use permit may then be issued; provided, that any other requirements, permits, and/or approvals set forth herein are also approved. (Ord. 442 § 24.60)