The Building and Zoning Board of Appeals shall have the power to recommend, upon application in specific cases, filed as provided herein, issuance of a zoning certificate for uses that are subject to performance requirements procedure under the provisions of this Zoning Code, as provided in the following:
(a) Application. An application of a zoning certificate for a use subject to performance requirements 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 Section 1139.07, 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 request that may be required to process it, as set forth in subsection (c) hereof.
(b) Report by Expert Consultants. 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 expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Section 1139.07 for investigation and report. Such consultant or consultants shall report as promptly as possible after his or their receipt of such application. A copy of such report shall be furnished to the applicant.
(c) Review by Board. Within thirty days after the Board has received the aforesaid application or the aforesaid report, if a report was required, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards, and on such basis shall recommend or refuse to recommend issuance of a zoning certificate or require modification of the proposed plan of construction or specifications, proposed equipment or operation. Any zoning certificate so recommended 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 consultant or consultants deemed reasonable and necessary by the Board to advise the Board as to whether or not the applicant's completed buildings and installations in operation will meet the applicable performance standards.
(d) Continued Enforcement. The Code Enforcement Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Board of the occurrence or existence of a probable violation thereof. The Board shall investigate the alleged violation and for such investigation shall employ qualified experts. If, after public hearing on due notice, the Board finds that a violation occurred or exists, a copy of the findings shall be forwarded to Council. The services of any qualified experts, employed by the Board to advise in establishing a violation, shall be paid by the violator if the violation is established; otherwise by the Municipality.
(Ord. 4320. Passed 11-15-93.)