(A) (1) Any uses established in any zoning district after the effective date of this chapter shall be so operated as to comply with the performance standards governing:
(a) Noise;
(b) Vibration;
(c) Smoke and particulate matter;
(d) Toxic and noxious matter;
(e) Odorous matter;
(f) Fire and explosive hazards; and
(g) Glare and heat, as set forth hereinafter for the district in which such use shall be located.
(2) (a) No use already established on the effective date of this chapter shall be so altered or modified as to conflict with, or further conflict with, the applicable performance standards established hereinafter for the district in which such use is located. An application for a building permit in the M-1 District shall require an industrial performance review by the Zoning Enforcement Officer.
(b) When deemed necessary by the Zoning Enforcement Officer, the Building Permit Application shall be accompanied by a certification from an engineer or scientific testing laboratory approved by the Village Board, indicating that the use of the land and all processing either does or will comply with the applicable performance standards. Complaints by an individual or individuals of noncompliance with these standards shall be investigated by the Zoning Enforcement Officer. Upon completion of the investigation, if a scientific test and investigation is deemed desirable, the Zoning Enforcement Officer shall so inform the Planning Commission who shall evaluate the recommendation and subsequently recommend to the Village Board that scientific test be carried out. This test shall be carried out by qualified professionals.
(c) If such test reveals a violation of the performance standard, the Village Board shall take the prudent actions necessary to assure compliance by any violator with the performance standards and other pertinent provisions of this chapter.
(Prior Code, § 9-15-1) (Ord. 2002-4, passed 3-18-2002)