ARTICLE V. - OFFENSIVE BUSINESSES AND FACILITIES

Sec. 10-286. - Commencement of offensive business.#

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

(Code 1981, § 10-241(A))

Sec. 10-287. - Offensive businesses enumerated.#

Offensive businesses, within the meaning of this article, shall include, but not be limited to, packing houses, dairies, tanneries, canneries, renderies, junkyards or salvage yards, bone factories, slaughterhouses, 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.

(Code 1981, § 10-241(B))

Sec. 10-288. - Application for license.#

The application for a license 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 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 1981, § 10-241(C))

Sec. 10-289. - Issuance of licenses.#

(a)

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

(1)

Deny the application;

(2)

Recommend a modification thereof; or

(3)

Grant a limited license 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 town council with reference to controlling the offensive features of the business.

(b)

In the event a license 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 town council at the time of the granting of the license, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.

(c)

The town 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.

(Code 1981, § 10-242)

Sec. 10-290. - Existing offensive businesses and facilities.#

(a)

The town 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 municipal limits. If the town council determines that the continuation of the business or facility has become a nuisance to persons situated within the municipal 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 town council is considering revoking or modifying the operator's license.

(b)

If the town 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.

(Code 1981, § 10-243)

Sec. 10-291. - Control of animal and fowl facilities.#

(a)

The town council shall have the power to prohibit or control the location and management of any offensive, unwholesome business or establishment in or within one mile of the town and may compel the owner of any pigsty, privy, barn, corral, fur-bearing animal farm, feed yard, poultry farm, or other unwholesome or nauseous house or place to cleanse, abate or remove the same.

(b)

The town council may, on its own initiative, and shall, on complaint of a member of the public, examine the operation, control or location of any business or facility for the purpose of determining whether or not the operation of such business or facility should be improved so as to minimize the offensive and unwholesome characteristics or whether the business or activity should be moved or abated.

(c)

In the event that the town council decides that the business or facility should be abated, removed, or controlled, it shall notify the owner or operator of the business or facility of such fact.

(d)

After a hearing, the town council may issue a limited license wherein it may prescribe the specifications and standards which must be followed by the business or facility in order to be permitted to continue operation.

(e)

Upon a determination by the town council that the business or facility is a nuisance, it shall have power to order the abatement or removal of the facility or establishment. If the owner fails to conform to such order, the town council shall have power to bring all necessary legal proceedings to force removal, abatement, or adherence to standards.

(Code 1981, § 10-244)