Subdividers Ordinance

2. Ensure that all industries provide methods that protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination. 3. Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past. B. Applicability Performance standard provisions of this Section must be applicable to any use established in this zoning district in either of the following instances: 1. If any use, building or other structure, established prior to the effective date of this ordinance is extended, enlarged, moved, structurally altered, or reconstructed, the change in building or land use or configuration must be in full compliance with this provision. Uses lawfully established prior to the effective date of this Ordinance, and not being extended, enlarged, moved, structurally altered or reconstructed, must fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration. 2. Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district must comply with all of the performance standards herein set forth. C. Procedure Showing of Probable Compliance - Uses, buildings, or structures required to comply with this provision must make a showing of probable compliance with these performance standards prior to undertaking any alteration. The showing must be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists) prepared by a professional engineer, licensed by the State of Iowa, certifying that the use, building, or structure complies with all industrial performance standard requirements. The letter must be based on the engineer's personal scrutiny of the site and proposed use or alteration, and must have analytical foundation in accepted engineering principles. In addition, the Planning and Zoning Commission may require the applicant to submit: 1. A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred (200) feet of the proposed site. 2. A description of the activity to be conducted regarding waste products, external effects, or other conditions that are regulated herein; provided, however, that the applicant must not be required to reveal any trade secrets or sufficient detail with regard to a process that would cause any 70 Adopted November 14, 2007