Malverne City Zoning Code
ARTICLE XII
Performance Standards
§ 600-12.0 Purpose and scope.
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.
§ 600-12.1 Procedure for issuance of permits.
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.
§ 600-12.2 Performance standards.
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.
§ 600-12.3 Enforcement.
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.