Section 175-72 ADMINISTRATION AND ENFORCEMENT OF PERFORMANCE STANDARDS.
A. Before a building permit or zoning permit shall be issued or construction commenced on any uses in this district or a permit issued for a new use, the development plans shall be submitted to the Zoning Administrator for review. Sufficient detail shall be provided on said plans to show compliance with the substantive provisions of this chapter and compliance of the operations and processes to the performance standards.
B. Determinations of a violation shall be made pursuant to a test using either the senses of the Zoning Administrator and a second municipal official/employee, or using equipment before notice of violation is issued. The operator of an industrial use shall be given written notice of the time and place of the test and given a reasonable opportunity to witness the test.
C. The Zoning Administrator will notify landowners and business operators/tenants in writing of violations and will then seek compliance. When notified of a violation, a landowner or tenant will have the opportunity to demonstrate that the operation predates the application of this Article and is therefore a valid nonconforming use. A finding of violation may be appealed to the Board of Zoning Appeals and then to the courts.
If a violation exists and the operator fails to take
satisfactory action within two (2) weeks, the Zoning Administrator
or cause to be taken such action as is appropriate to cause correction
violation. Failure to obey lawful orders concerning correction of
violation shall be punishable as provided generally for violations in
Zoning Ordinance and in other laws or regulations affecting the