Chapter 8.05
OFFENSIVE BUSINESSES AND FACILITIES
Sections:
8.05.010 Commencement of offensive business.
8.05.030 Existing offensive business and facilities.
8.05.010 Commencement of offensive business.
(1) No person shall commence or change the location of any offensive business or establishment in or within one-half mile of the limits of this municipality without first filing an application for a permit to do so with the building official.
(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. [Ord. 87-34 § 10-02-004, 1987.]
8.05.020 Issuance of permits.
(1) The building official shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by the TriCounty board of health and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the governing body. The governing body, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the governing body 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 governing body 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 governing body 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 governing body 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. [Ord. 87-34 § 10-02-005, 1987.]
8.05.030 Existing offensive business and facilities.
(1) The governing body 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-half mile of the municipal limits. If the governing body 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 governing body is considering revoking or modifying the operator’s license.
(2) If the governing body decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specification to which the enterprise must conform or otherwise lose its license to engage thereafter in the business or activity. [Ord. 87-34 § 10-02-006, 1987.]