Subdividers Ordinance

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 before undertaking the 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 the City Engineer, 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 or the City Council 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 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 may not be required to reveal any trade secrets or sufficient detail with regard to a process that would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors. 3. The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments that are inherent in the manufacturing process. 4. Such other data and certification that may reasonably be required by the Planning and Zoning Commission or the City Council to reach a determination. 89 Adopted November 14, 2007