Dover City Zoning Code
§ 236-41
General performance standards.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant, owner or occupant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards.
A.
As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
B.
The municipal agency may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
C.
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
D.
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Construction Code Official may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with these performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.
E.
Conditional permit. In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the performance standards established herein, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the performance standards established herein after completion or installation and operation. Within 30 days after a conditional permit is issued, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all performance standards established herein have been met.
F.
Applicability and enforcement of performance standards.
(1)
Applicability.
(a)
Prior to the issuance of any zoning or building permit and as part of any application for development, all submissions, attachments and certifications required herein shall be submitted to the appropriate municipal agency accompanied by a sworn statement filed by the owner of the subject property or the operator of the proposed use indicating that said use will be operated in accordance with the performance standards set forth herein.
(b)
Any existing structure, use or operation allowed to deteriorate or modified so as to reduce its level of compliance with these performance standards will be deemed to be in noncompliance and to constitute a violation.
(2)
Continued compliance with these performance standards is required and shall be enforced by the Construction Code Official.
(3)
All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines set forth herein.
(4)
Whenever, in the opinion of the Construction Code Official, there is a reasonable probability that any use or occupancy violates any of the performance standards contained herein, the Construction Code Official is hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the performance standards of this Article are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.