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154.40 PERFORMANCE STANDARDS
SPECIAL PROVISIONS
 
154.40 PERFORMANCE STANDARDS
 
154.40.00           GENERAL REQUIREMENTS
 
                           No land or structure, in any district, shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard, including potential hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element (referred to herein as “dangerous or objectionable elements”), in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area; provided that any use permitted or not expressly prohibited by this Ordinance may be undertaken and maintained if it conforms to the provisions of this Article limiting dangerous and objectionable elements at the point of the determination of their existence.
 
154.40.01           EXISTING USES
 
154.40.01.01      Performance standards - Review
 
                           Whenever it is alleged that a use of land or structure creates or otherwise produces dangerous or objectionable elements, the Zoning Inspector shall make an inspection of the matter and shall forward his decision to all parties concerned. Should this decision be appealed to the Board, the Board shall request the Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of said dangerous or objectionable elements and of practicable means of remedying such condition.
 
154.40.01.02      Enforcement
 
                           Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve, or disapprove the measures recommended therein and instruct the Zoning Inspector to proceed with the enforcement of said measures in accordance with the provisions of 154.60 of this Ordinance.
 
154.40.01.03      Cost of investigation, etc.
 
                           The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein; provided, however, that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of said property is found to be in violation of the provisions of this Article by the Board, or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty (30) days from the date of the final Board ruling or court judgement.
 


154.40.02           CERTAIN NEW USES
 
154.40.02.01      Review of application for building permit or certificate of occupancy
 
                           Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in 154.40.02.01(a), and of such other uses which may be of similar character, in the opinion of the Zoning Inspector shall be subject to performance standard review. In cases where indicated, the Zoning Inspector shall require such plans and specifications to be examined by a competent specialist or testing laboratory for the purpose of determining the nature and extent of any dangerous or objectionable elements and of practicable means of remedying such condition. The cost of such examination shall be as prescribed in Section 40.023. (Ord. 95-1984)
 
(a)        Uses subject to review
 
            The following uses shall be subject to such performance standard review:
 
(1)        Manufacturing
 
            Involving primary production of the following products from raw materials: asphalt, cement, charcoal, and fuel briquettes; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, propylene, rayon yard and hydrochloric, nitric phosphoric, picric, and sulphuric acids; coal, coke and tar products, explosives, fertilizers, gelatin, animal glue and size, gas manufacturing, unless incidental to a principal use, turpentine, matches, rubber, soaps, fat rendering.
 
(2)        Processing
 
            Involving the following: nitration of cotton or other materials; magnesium foundry, reduction, refining, smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naps, curing or tanning of raw green or salted hides or skins; smelting and alloying of metals; stockyards, slaughter houses, except for poultry; slag piles, storage of fireworks or explosives, except where incidental to a permitted principal use.
 


154.40.02.02      Continual compliance
 
                           Any use authorized under the provisions of this Article shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
 
 
154.40.02.03      Costs of review
 
                           The applicant shall bear the actual costs of all tests and investigations required under 154.40.02, which shall be in addition to the usual fees prescribed by this Ordinance.


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