CHAPTER 7: - OFFENSIVE BUSINESSES AND FACILITIES

4-7-1: - Defined#

"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.

(Adopted by Ord. 1976 Code § 10-241B on 1/1/1976)

4-7-2 : - Permit required#

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

(Adopted by Ord. 1976 Code § 10-241A on 1/1/1976)

4-7-3: - Application for permit#

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.

(Adopted by Ord. 1976 Code § 10-241C on 1/1/1976)

4-7-4: - Issuance of permit#

A.

Report and Recommendation: The city recorder shall cause a study to be made of the proposed business or relocation of any offensive business or establishment 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:

1.

Deny the application.

2.

Recommend a modification thereof.

3.

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

B.

Revocation of Permit: 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 the granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.

C.

Modification of Permit: 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.

(Adopted by Ord. 1976 Code § 10-242 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

4-7-5: - Existing businesses and facilities#

A.

Investigation by City Council: 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 in or within one mile of 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 permit.

B.

Conform to Standards and Specifications: 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 permit to engage thereafter in the business or activity.

(Adopted by Ord. 1976 Code § 10-243 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)