1101.08  PERFORMANCE STANDARDS PROCEDURE.
   Pursuant and subject to the provisions of Section 1159.07, upon application, the Planning Commission shall have the power to issue a Zoning Certificate for potentially dangerous or objectionable uses as identified in Section 1159.07, under the following procedure:
   (a)   Application.  An application for a Zoning Certificate for a use subject to said performance requirements shall be submitted in duplicate on a form prescribed by the Planning Commission.  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 Section 1159.07 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 Expert Consultants.  If, in the opinion of the Planning Commission, the proposed use may cause the emission of dangerous or objectionable elements, the Planning Commission may refer for investigation and report, the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Section 1159.07.  Such consultant or consultants shall report as promptly as possible after receipt of such application.  A copy of such report shall be promptly furnished to the applicant.
   (c)   Review by Planning Commission.  Within thirty days after the Planning Commission has received the application, or the report if a report was required, or within such further period as agreed to by the applicant, the Planning Commission shall decide whether the proposed use will conform to the applicable performance standards and on such basis 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:
      (1)   The applicant’s completed buildings and installations conforming in operation to the applicable performance standards; and
      (2)   The applicant paying the fees for services of the expert consultants deemed reasonable and necessary by the Planning Commission to advise the Planning Commission as to whether or not the applicant’s completed buildings and installation in operation will meet the applicable performance standards.
   (d)   Continued Enforcement.  The Zoning Inspector shall investigate any purported violation of performance standards and if there are reasonable grounds for the same, shall notify the Planning Commission of the occurrence or existence of a probable violation thereof.  The Planning Commission shall investigate the alleged violation and for such investigation shall employ qualified experts.  If after public hearing on due notice, the Planning Commission finds that a violation occurred or exists, a copy of such findings shall be forwarded to Council for review and appropriate legal action thereon.  The services of any qualified experts employed by the Planning Commission to advise in establishing a violation shall be paid by the violator if such violation is established.  If a violation is not established, the fee shall be paid by the Village.
      (Ord. 13-150.  Passed 1-9-14.)