(a)   For the purpose of this article, the words “dangerous or hazardous activity” shall be construed to mean any activity, commerce, or pursuit held or conducted on any premises of any real property within the corporate limits of the City of Andover, Kansas, which activity, by reason of its nature, should be reasonably construed, when conducted in a negligent manner, or in any other manner, to cause damage to real or personal property or injury or death to persons on adjoining real property, or adjoining streets or alleys or easements of said City.

(b)   The term “noxious activities” as used in this article, shall mean any activity which for any sustained period of time, or for a series of intermittent short periods of time would offend the sensibilities of a reasonable person in any area near to or adjoining the property upon which such activity is conducted.

(c)   That for the purpose of this article, any reference to “tracts” or locations within the said city shall include any real estate within the City of Andover, Kansas including railroad rights-of-ways and other property owned by railroads.

(Ord. 218)

(a)   That from and after the passage and publication of this Public Health, Safety and Welfare Ordinance it shall be the duty of any person applying for a building permit in the City of Andover, Kansas, when such permit is for the construction or erection of any building or structure to be used for any purpose other than a personal residence, not to be occupied as a home occupation, then the application for such contemplated building or structure shall specify therein any and all materials to be stored or manufactured on the premises or any activities which may be conceivably carried on which might, under any concept be considered to be a hazardous, dangerous, or noxious activity.

(b)   That the person charged with the approval of building permits in said city shall not issue a building permit, if in his opinion the contemplated use of said premises would constitute a dangerous, hazardous, or noxious activity under the terms of this article.

(c)   That nothing herein shall be construed as permitting the carrying on of any dangerous, hazardous, or noxious activity merely because the property upon which such activity is conducted is zoned either for a commercial or industrial use.

(Ord. 218)

Any person, firm or corporation feeling aggrieved by any ruling by the person charged with approving building permits in said City shall have the right to appeal any decision of such person to the Governing Body of said City and the Governing Body shall thereupon, and within a reasonable length of time, hold a hearing, reasonable notice of which shall be given in writing to the aggrieved person, firm or corporation and after said hearing, and within 10 days from said hearing or continuation of said hearing, issue a ruling whether or not said building permit should be granted, and such ruling shall be final as far as administrative relief is concerned.

(Ord. 218)