(a) General Requirements. No land or structure in any district shall be used or occupied in any manner so as to create a dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; water pollution; heat, cold, dampness, electrical or other substance, condition or element; in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as "dangerous or objectionable elements"; provided that any use permitted or not prohibited by this Zoning Ordinance may be established and maintained if it conforms to the provisions of this section.
(b) Existing Uses. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board of Building and Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence to Council. In the event that the Board concurs in the allegation that there exists or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.
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 Building Official to proceed with the enforcement of such measures in accordance with the provisions of Section 1139.01.
The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein, provided that the owner of the use under investigation reimburses the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this section by the Board, or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Board ruling or court judgment.
(c) Certain New Uses. Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in subsections (c)(1) and (2) hereof, and of such other uses which may be of similar characteristics in the opinion of the Building Official shall be referred by him to the Board. The Board may cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed previously in subsection (b) hereof. 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, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric and sulphuric acids; coal, coke and tar compound, 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: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha, lubricating oil, distillation of wood or bones; melting and alloying of metals; stockyards, slag piles; storage of fireworks or explosives, except where incidental to a permitted principal use.
Any use authorized under the provisions of this section shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
The applicant shall bear the actual costs of all tests and investigations required for new uses listed under subsections (c)(1) and (2) hereof, which shall be in addition to the usual building and zoning permit fees prescribed by this Ordinance.
(Ord. 1990-20. Passed 11-26-90.)