Chapter 15.16
PERFORMANCE STANDARDS

Sections:

15.16.010  Scope.

15.16.030  Lighting.

15.16.040  Odors and gases.

15.16.050  Particulate matter.

15.16.060  Vibration.

15.16.070  Electrical interference.

15.16.080  Hazardous materials storage.

15.16.090  Waste disposal.

15.16.100  Storage.

15.16.110  Solar energy and alternative sources.

15.16.120  Noise.

15.16.130  Investigation and compliance.

15.16.140  Enforcement.

Legislative history: Ords. 86-146, 89-196, 90-227, 90-232, 95-342 and 97-431.

15.16.010 Scope.

All construction, existing buildings and/or structures or existing land uses within the city, hereinafter called "use," shall comply with all of the standards set forth herein except:

A. When a temporary violation is caused by circumstances beyond reasonable anticipation and control of the operators of the site; or

B. When a temporary violation is necessary to protect the health and safety of persons and property under circumstances not caused by the operators of the site. (Ord. 2005-609 § 2)

15.16.030 Lighting.

Lighting shall not be used in such a manner that produces a glare on public streets and/or neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the property. Lighting standards and objectives are contained within Chapter 17.34 MCMC. (Ord. 2005-609 § 2)

15.16.040 Odors and gases.

The emission of obnoxious odors of any kind or any toxic or corrosive fumes or gases shall not be permitted. Dust created by a use shall not be exhausted or wasted directly into the atmosphere. (Ord. 2005-609 § 2)

15.16.050 Particulate matter.

A. The emission of smoke or particulate matter of a density equal to or greater than number three on the Ringlemann Chart as used by the U.S. Bureau of Mines is prohibited at all times.

B. Dust and other types of air pollution borne by the wind from such sources as storage areas and roads shall be minimized by landscaping, paving, or other acceptable means. Emission of particulate matter in excess of 0.2 grains per cubic foot of conveying gas or air measured at any property line is prohibited.

C. The rate of emission of particulate matter from all sources on any property shall not exceed a net weight of one pound per acre of property during any one hour. (Ord. 2005-609 § 2)

15.16.060 Vibration.

Vibration shall not exceed three thousandths of one-inch displacement applied to the frequency range of zero to 5,000 cycles per second, as measured at any point on the boundary of the property from which the vibration is produced. (Ord. 2005-609 § 2)

15.16.070 Electrical interference.

All mechanical, electrical, electronic and nuclear equipment shall be shielded to the extent necessary to prevent electrical, magnetic or radiological interference with the use of any equipment or process on abutting sites. (Ord. 2005-609 § 2)

15.16.080 Hazardous materials storage.

All hazardous materials shall be stored in strict compliance with all federal, state and local regulations. (Ord. 2005-609 § 2)

15.16.090 Waste disposal.

No organic or inorganic waste materials shall be disposed of or permanently stored or emplaced on any site, unless the site is an approved and fully permitted waste disposal facility. (Ord. 2005-609 § 2)

15.16.100 Storage.

All storage of materials and equipment except licensed motor vehicles shall be within fully enclosed buildings or surrounded by barrier screening. Barrier screening may include a combination of a building wall, a decorative, sight-obscuring fence or wall, earth berms, or a solid planting screen of predominantly evergreens. Screening shall fully obscure views at both above grade and/or grade level depending on the topography of the site and adjacent areas. Materials in process shall be stacked, sorted, or arranged in an orderly manner. (Ord. 2005-609 § 2)

15.16.110 Solar energy and alternative sources.

When solar energy is used as a primary or supplementary source of heat or other energy, solar collection devices shall be mounted in a manner that preserves the property’s character-defining features. Solar collection devices that are not attached to the building shall be located in the side or rear yards away from public view. Exposed hardware, frames, and piping shall be nonreflective and consistent with the color scheme of the building.

Alternative energy sources or other energy devices shall be located in the rear and side yards away from public view. Maximum height shall not exceed the height of the principle structure and they shall be painted or finished to blend with or match the adjacent buildings or natural surroundings. (Ord. 2005-609 § 2)

15.16.120 Noise.

Noise regulations have been adopted under Chapter 9.14 MCMC to minimize human exposure to the harmful physiological and psychological effects of excessive noise. The city may restrict hours of operation to maintain compatibility between uses and reduce noise impacts. (Ord. 2005-609 § 2)

15.16.130 Investigation and compliance.

If the city has reasonable doubt that a business or use is, or can be, conducted within the limits of the above performance standards, it may require that the user or proposed user retain, at his expense, an independent, qualified testing laboratory or expert, acceptable to the city, to make an analysis of the use to determine its compliance with the standards and make the results of such analysis available to the city. If the site operator does not provide the required analysis within 30 days of the request, the city shall initiate such investigation and bill all expenses thereof to the site operator. (Ord. 2005-609 § 2)

15.16.140 Enforcement.

In the event the analysis indicates existing or impending noncompliance with these performance standards, the city shall require the user or proposed user to either institute remedial measures to bring the use into compliance or to cease operation. The city may at its discretion use the procedure described in MCMC 17.24.030(C) to recover its enforcement or remediation costs. (Ord. 2005-609 § 2)