1127.09 PERFORMANCE STANDARDS; PROCEDURE.
   The Board shall have the power to authorize, upon application in specific cases, filed as hereinafter provided, issuance of a zoning certificate for uses that are subject to performance standards' procedure under Chapters 1177 and 1181 of the Zoning Ordinance, as provided in the following:
   (a)   Application. An application for a zoning certificate for a use subject to performance standards shall be submitted in duplicate on a form prescribed by the Board. The applicant shall also submit in duplicate a plan of the proposed construction or development-including a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements as set forth in chapter 1181 in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications. The fee for such application shall include the cost of the special reports that may be required to process it, as set forth in subsection (b) hereof.
   (b)   Report by Specialists. If in its opinion, the proposed use may cause the emission of dangerous or objectionable elements, the Board may refer the application to one or more specialists qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Chapter 1181 for investigation and report. Such consultant or consultants shall report as promptly as possible after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant.
   (c)   Review by Board. Within thirty days after the Board has received the aforesaid application, or the aforesaid report, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards, and on such basic shall authorize or refuse to authorize issuance of a zoning certificate or require a modification of the proposed plan of construction, or specifications, proposed equipment or operation. Any zoning certificate so authorized and issued shall be conditioned upon, among other things, the following:
      (1)   That the applicant's buildings and installations when completed will conform in operation to the applicable performance standards; and
      (2)   That the applicant will pay the fees for services of the expert consultant or consultants deemed reasonable and necessary by the Board to advise the Board as to whether or not the applicant's completed buildings and installation in operation will meet such applicable performance standards.
   (d)   Continued Enforcement. The Zoning Inspector shall investigate any purported violation of performance standards and, if there is reasonable grounds for the same, shall notify the Board of the occurrence or existence of a probable violation thereof. The Board shall investigate the alleged violation, and for such investigation shall employ qualified experts. The services of any qualified expert employed by the Board to advise in establishing a violation shall be paid by the violator if such violation is established, otherwise by the City.
      (Ord. 21-67. Passed 12-4-67.)