General requirements. No land or structure, in any district, shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard, including potential hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element (referred to herein as "dangerous or objectionable elements"); in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area; provided that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the provisions of this subchapter limiting dangerous and objectionable elements at the point of the determination of their existence.

(Ord., passed - -79) Penalty, see § 152.999

   (A)   Performance standards; review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence to the Common Council. In the event that the Board concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request the Common Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of said dangerous or objectionable elements and of practicable means of remedying such condition.

   (B)   Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve, or disapprove the measures recommended therein and instruct the Zoning Inspector to proceed with the enforcement of said measures in accordance with the provisions of §§ 152.295 through 152.299 of this chapter.

   (C)   Cost of investigation, etc. The city shall bear the costs of the various tests, consultant fees or other investigations which are required herein; provided, however, that the owner of the property under investigation shall reimburse the city for all such expenses in the event that operation or use of said property is found to be in violation of the provisions of this subchapter by the Board or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within 30 days from the date of the final Board ruling or court judgment.

(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80)

   (A)   Review of application for improvement location permit. Applications for improvement location permits, together with plans and specifications for the manufacture or processing of materials listed in division (B)(1) of this section, and of such other uses which may be of similar character, in the opinion of the Zoning Inspector, shall be referred by him to the Board. The Board, in cases where indicated, shall cause such plans and specifications to be examined by competent specialist or laboratory in the manner prescribed in § 152.091 (A).

   (B)   Uses subject to review. The following uses shall be subject to such performance standard review:

      (1)   Manufacturing. Primary production of the following products from raw materials: asphalt, cement, charcoal, and fuel briquettes; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric, and sulfuric acids; coal, coke and tar products, explosives, fertilizers, gelatin, animal glue and size; gas manufacturing, unless incidental to a principal use; turpentine, matches, rubber, soaps, fat rendering.

      (2)   Processing. Primary processing of the following: nitration of cotton or other materials; magnesium foundry; reduction, refining, smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha, curing or tanning of raw, green or salted hides or skins; melting and alloying of metals; stockyards, slaughter houses, except for poultry; slag piles, storage of fireworks or explosives, except where incidental to a principal use.

   (C)   Continual compliance. Any use authorized under the provisions of this subchapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.

   (D)   Costs of review. The applicant shall bear the actual costs of all tests and investigations required under § 152.091 (C), which shall be in addition to the usual fees prescribed by this chapter.

(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80) Penalty, see § 152.999