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Municipal Code

Chapter 18. General Zoning Ordinance

Sec. 18-109. Odor Standards

(1) Purpose. The purpose of this Section is to regulate the creation of odor which adversely affects abutting properties in order to prevent the creation of nuisances and to promote the healthy, safety, and general welfare of the public.

(2) Applicability. The requirements of this Section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property, or by incidental fertilizer application, traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this Section as essential public services.

(3) Standards. Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within the SR-2, SR-3, SR-4, TR-6, MR-12, MR-24, MH-8, NMU, CMU, UMU, DMU, CD, RD, and IP zoning districts.