(A) Compliance. Should the Zoning Administrator determine that the proposed use may violate the performance standards set forth herein, the Zoning Administrator shall require information from the owner or operator and initiate an investigation.
(1) Should such additional data be required, the Zoning Administrator shall request information including, but not limited to, the following:
(a) Plans of the existing or proposed construction and development.
(b) A description of the existing or proposed machinery, processes and products.
(c) Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any dangerous and objectionable elements as set forth in this subchapter.
(d) Measurements of the amount or rate of emission of said dangerous and objectionable elements.
(2) Failure to submit data requested by the Zoning Administrator shall constitute grounds for denying a permit of compliance.
(B) Report by expert consultants. The Zoning Administrator may require any person to retain an expert consultant or consultants to study and report as to compliance or non-compliance with performance standards, and to advise how a proposed use can be brought into compliance with performance standards. The cost of the consultant’s services shall be borne by the owner or operator of said use.
(C) Action by the Zoning Administrator. Within 90 days following the receipt of the acquired evidence, or receipt of the reports of appointed consultants, the Zoning Administrator shall make a determination as to compliance or non-compliance with the performance standards. The Zoning Administrator may require modification or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained.
(D) Cancellation of permits. If, after the conclusion of the time granted for compliance with the performance standards, the Zoning Administrator finds the violation is still in existence, any compliance permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.
(Ord. 2015-08, § 15.09, passed 6-23-2015)