For the purpose of limiting the creation of effects of dangerous
or objectionable elements incident to the use of land or buildings,
uses shall be subject to the performance standard limitations of this
article. Dangerous and objectionable elements are disturbances which
are hazardous, injurious, noxious or otherwise offensive by reason
of fire, explosion, radioactivity or other hazard; noise or vibration;
smoke, dust, odor, effluent discharge or other pollution; electrical
or other disturbance; glare or flash; and storage or discharge of
waste or other material conducive to the breeding of insects, rodents
or other vermin.
A.
An application for a building permit and certificate of occupancy
for a use subject to performance standards shall be accompanied by
a plan of the proposed use, including a description of proposed machinery,
operations and products, and specifications for devices and techniques
to be used in restricting the emission of dangerous or objectionable
elements, but no description of secret processes need be submitted.
An affidavit signifying that the use applied for meets the standards
of this article shall accompany the permit application.
B.
After a determination that the proposed use conforms to the applicable
standards, the Superintendent of Buildings shall issue a permit, provided
that all other requirements of this chapter have been met. If any
reasonable doubt as to compliance with performance standards exists,
the Superintendent of Buildings shall refer the application to the
Zoning Board of Appeals for determination. The Zoning Board may employ
expert consultants to investigate and report upon the proposed use
and shall specify a time within which the report shall be received.
A public hearing shall not be held until the report of the consultants
has been received. Any reasonable cost of such investigation and report
shall be paid by the applicant, and an estimate thereof shall be furnished
before a consultant is retained by the Board.
C.
Any use subject to performance standards shall conform to the regulations
set forth in this section.
No use shall be permitted in any district, the operation of
which would normally cause or result in:
A.
Dissemination of dust, smoke, gas, fumes or other atmospheric pollutant
beyond the boundaries of the parcel of land on which the building
in which such use is conducted is situation;
B.
Dissemination of any noise, vibration, radiation or odor beyond the
boundaries of the parcel of land on which such use is located;
C.
Glare or flashing of lights in any manner that will cause hazard
or annoyance to the public generally or to the occupants of neighboring
property;
D.
Hazard of fire or explosions;
E.
Hauling of materials, goods or products to or from the site of such
in a volume or manner materially incongruous with the normal traffic
on streets in the neighborhood;
F.
Danger or hazard to the health, safety or comfort of the community
or unreasonable disturbance or annoyance to the occupants of neighboring
property; or
G.
The storage, discharge or use of waste or other material conducive
to the breeding of insects, rodents or other vermin.
The Superintendent of Buildings shall investigate any alleged
violation of performance standards, and if there is reasonable evidence
of such violation he shall order the violator to abate same. Each
day's or hour's continuing violation, as the case may be, shall be
deemed a separate and distinct violation. The continued validity of
a certificate of occupancy shall be subject to compliance with performance
standards.
