1041.09   CONTINUATION OF EXISTING NON-CONFORMING FACILITIES AND ACTIVITIES INVOLVING REGULATED SUBSTANCES.
   A facility or activity that does not meet the requirements of this chapter on the effective date of this chapter will be allowed to remain or continue only in accordance with the more strict of the following standards:
   (a)   Those standards in Chapter 1288, Nonconforming Uses of the City of Battle Creek Zoning Ordinances; or,
   (b)   No longer than three years from the adoption date of this chapter, at which time the facility and/or activity must meet the requirements of the “Performance Standards” as determined by the Director. The Director's determination will be based on the particular activity and/or site specific information regarding the storage, use and transport of regulated substances at the facility. Achieving the greatest risk reduction to the water supply in a practical and implementable manner will be the primary goals in the decision process.
(Ord. 12-2. Passed 6-19-12.)