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.
D.
If a violation exists and the operator fails to take
satisfactory action within two (2) weeks, the Zoning Administrator
shall take
or cause to be taken such action as is appropriate to cause correction
of such
violation. Failure to obey lawful orders concerning correction of
such
violation shall be punishable as provided generally for violations in
the
Zoning Ordinance and in other laws or regulations affecting the
case.