§ 17.28.080. Applicability.

A.

In case of conflict between the operational performance standards set forth herein and any rules or regulations adopted by any other applicable governmental agency, the more restrictive shall apply.

B.

When an existing land use or structure is expanded, enlarged or otherwise reconstructed after the effective date of the ordinance codified in this title, the applicable performance standards shall apply to the expanded, enlarged or reconstructed portion, with the exception of undergrounding utilities; see Section 17.28.103 of this chapter.

C.

The following performance standards are regulated by other codes:

1.

Title 10, Chapter 10.56 of the metro code (Air Pollution Control) regulates smoke, particulate matter, demolition and odors, and is administered by the metropolitan health department.

2.

Title 10, Chapter 10.64 of the metro code (Fire Prevention Code) regulates fire, hazardous materials, and explosive hazards, and is administered by the metropolitan fire marshal.

D.

The following activities are exempt from the operational performance standards of this article:

1.

Temporary construction, excavation and grading;

2.

Demolition activities which are necessary and incidental to the development of facilities on the same lot, on another of several lots being developed at the same time, or on the public right-of-way or easement for a community facility.

(Ord. BL2005-628 § 2, 2005; Ord. 96-555 § 7.2(B), 1997)