1234.10 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 the performance standards procedure under Chapter 1296, as follows:
   (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 1296 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 special reports that may be required to process the application.
   (b)   Report by Specialist. 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 whether a proposed use will comply with the applicable performance standards specified in Chapter 1296 for investigation and report. Such consultant or consultants shall report as promptly as possible after receipt of such application and completion of examination or investigation. 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 report, or within such further period as agreed to by the applicant, the Board shall determine whether the proposed use will comply with 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 specifications, proposed equipment, or operation. Any zoning certificate so authorized and issued shall be contingent upon, among other things, the following: that the applicant's buildings and installations when completed will comply with the applicable standards; and that the applicant will pay the fees for services of the specialist or specialists advising the Board as to whether or not the applicant's completed buildings and installation will comply with the applicable performance standards.
   (d)   Continued Enforcement. The Zoning Inspector shall investigate any reported violation of performance standards and, if there is reasonable grounds to constitute a violation. The Zoning Inspector shall notify the Board of the occurrence or existence of a probable violation of the performance standards. The Board shall investigate the alleged violation, and for such investigation may employ qualified experts as the Board deems necessary. The services of any qualified expert employed by the Board to advise in establishing a violation shall be paid for by the violator if a violation is established, otherwise the City shall pay the cost of such services.
(Ord. 08-33. Passed 5-4-09.)