(A) (1) No land or building in any district shall be used or occupied in any manner so as to create or allow to remain thereon or therein: any dangerous, injurious, odiferous, noxious, or otherwise objectionable fire, explosive, material, hazardous or otherwise; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other disturbance; glare, liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises provided that any use permitted or not expressly prohibited by this section may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements or conditions to acceptable limits and tolerances. at the following points of observation:
(a) In any “R” District and “C-1" and “C-2" Districts, 25 feet from the establishment or use;
(b) In “M” and “A-1" Districts, at the boundaries of the District, or at any point within an adjacent “R” District.
(2) Where necessary, The Zoning inspector or Board of Zoning Appeals, prior to issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable conditions are to be eliminated or reduced to acceptable limits and tolerances.
(B) (1) Except as otherwise provided herein, no new building, alteration of an existing building or other improvement shall be erected, constructed, permitted or maintained on any land in the municipality, unless the surface water drainage plans therefor have first been submitted to and approved by the Smithville Planning Commission.
(2) Where necessary to protect Smithville lands and residents from property damage or injury reasonably expected to be caused by surface water run-off as a result of any such new building, alteration or other improvement. The Planning Commission may require as a condition for approval of the plan, employment of the measures and safeguards, including, but not limited to construction, installation and maintenance on a continuing basis, of the water retainage basins, drains, and other control devices as may be reasonably necessary to limit the impact of any increased risk of flooding caused by or resulting from such new building, alteration or improvement.
(3) The Zoning Inspector or Board of Zoning Appeals, prior to issuance of a zoning certificate, shall require the applicant to present a statement either attached to or stamped upon the application and signed by the presiding officer of the Planning Commission stating “Surface Water Drainage Plan Approved” or words to that effect. The Planning Commission may dispense with the requirement for such a plan if finds that the new building, alteration or improvement will not have an appreciable impact upon the surface water drainage in the surrounding area. In such case, the phrase, “ Surface Water Drainage Plan Not Necessary” shall be indicated and signed in the same formality as provided for approval, above.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 1989-16, passed 5-22-1989; Am. Ord. 98-22, passed 7-27-1998)