Chapter 5.45
OFFENSIVE BUSINESSES AND FACILITIES

Sections:

5.45.010    Commencement of offensive business.

5.45.020    Issuance of permits.

5.45.030    Existing offensive business and facilities.

5.45.040    Deleted during 2011 recodification.

5.45.050    Keeping animals.

5.45.010 Commencement of offensive business.

(1) No person shall commence or change the location of any offensive business or establishment in or within one mile of the limits of this city without first filing an application for a permit to do so with the recorder.

(2) “Offensive businesses,” within the meaning of this chapter, shall include, but not be limited to, packing houses, dairies, tanneries, canneries, renderies, junk or salvage yards, bone factories, slaughter houses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops, or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases, or noises.

(3) The application for a permit shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved. The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control or modify the emission by the business of the undesirable odors, fumes, noises, and other noisome features and the manner in which it shall be screened from public view, if its appearance is offensive. [Code 1997 § 10-2-41.]

5.45.020 Issuance of permits.

(1) The recorder shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by the Salt Lake Valley health department and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the city council. The city council, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the city council may:

(a) Deny the application.

(b) Recommend a modification thereof.

(c) Grant a limited permit to enter into the business or make the change of location subject to the requirement that the business facility conform to standards established by the city council with reference to controlling the offensive features of the business.

(2) In the event a permit is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his business in the manner specified by the city council at the time of granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.

(3) The city council shall have power to revoke or modify the permission to operate and maintain the business in such a manner as it deems necessary for the public good. [Amended during 2011 recodification. Code 1997 § 10-2-42.]

5.45.030 Existing offensive business and facilities.

(1) The city council may require an investigation of any existing offensive business or facility to determine whether or not it should be permitted to remain in existence within the city limits. If the city council determines that the continuation of the business or facility has become a nuisance to persons situated within the city limits or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases, and noise, it shall notify the owner or operator thereof that the city council is considering revoking or modifying the operator’s license.

(2) If the city council decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specifications to which the enterprise must conform or otherwise lose its license to engage thereafter in the business or activity. [Amended during 2011 recodification. Code 1997 § 10-2-43.]

5.45.040 Control of animal and fowl facilities.

Deleted during 2011 recodification. [Code 1997 § 10-2-44.]

5.45.050 Keeping animals.

It shall be unlawful for any person to keep within the limits of the city any animals in conflict with RCC Title 18, Land Use and Development. [Code 1997 § 10-2-45.]