The Planning and Development Director of the City of Oberlin shall be responsible for administering and enforcing the provisions of this Chapter.
Every applicant desiring to establish an activity or use, or to significantly change or expand an existing activity or use, in the "M-1" Light Industrial District shall submit to the Planning and Development Director, with the application for a zoning certificate, statements, information, and evidence describing the proposed use and compliance with each of the performance standards. Such submittal shall be in a form as required by the Planning and Development Director and shall be reviewed and approved by the Planning and Development Director prior to issuance of a zoning certificate.
When the submittal does not satisfy the Planning and Development Director that the proposed activity or use will comply with the performance standards, the applicant or the Planning and Development Director may request that the Planning Commission make a determination of compliance. In making such determination, the Planning Commission may require that the applicant provide additional information regarding the nature of the proposed use, the design of the site, the nature of materials and processes, the effect of such designs, materials and processes on human health and the environment, and other information as the Commission deems necessary to make a determination. In making a determination of compliance, the Commission may establish conditions for issuance of the zoning certificate which will promote or ensure compliance. The determination of the Planning Commission shall be final.
The Planning Commission may authorize a proposed use which causes impacts or effects in excess of these performance standards. Such authorization may be granted upon making findings that:
(a) the location or configuration of the proposed use is such that its effects or impacts in excess of the performance standards will be compatible with and acceptable to surrounding existing or planned uses which will be impacted; and
(b) the nature of the anticipated impacts is such that the performance standards are inapplicable or inappropriate and the anticipated impacts can be appropriately controlled by conditions of the zoning certificate or other means.
The Planning and Development Director or designee may, from time to time, undertake tests, evaluations, or investigations to determine if an approved use or activity complies or does not comply with these standards. The Planning and Development Director or designee shall have the authority to investigate complaints alleging non-compliance with these standards. The Planning and Development Director may take appropriate action as deemed necessary to protect the public health, safety, and general welfare and to compel compliance with these standards.
Methods and procedures for the determination of the existence of any violation of these performance standards shall conform to either applicable methodologies prescribed by this ordinance or to applicable standard measurement procedures published by the American Standards Association, Inc., the Chemical Manufacturers Association, Inc., the United States Bureau of Mines, the National Fire Protection Association, the Ohio Environmental Protection Agency, and other recognized organizations whose standards are acceptable to the Planning and Development Director.
When the Planning and Development Director or the Planning Commission determines that:
(a) the information provided by the owner of a property is not sufficient to determine compliance with the performance standards without providing additional studies or expert advice; or
(b) that the information provided by the owner is of such nature, complexity, or quantity that the Planning and Development Director or Planning Commission is not able to make a determination of compliance without additional studies or expert advice.
The Planning and Development Director shall advise the owner that such studies or advice are required. The Planning and Development Director and the Planning Commission may accept the required studies prepared by qualified professionals engaged by the owner or the owner shall deposit funds with the City as required to pay for such studies or expert advice.
(Ord. 11-22 AC CMS. Passed 4-18-11.)