Vicksburg City Zoning Code
ARTICLE X
Performance Standards
§ 475-10.01 Intent and scope of application.
A.
Intent. The purpose of this article is to establish controls on the impacts generated by permitted uses so as to prevent an unreasonable negative impact that might interfere with another person's use of their property, or that might cause harm to the public health, safety, and welfare.
B.
Scope of application. After the effective date of this chapter, no structure or tract of land shall hereafter be used, created or occupied, and no structure, or part thereof, shall be erected, altered, reconstructed, or moved, except in conformity with all applicable performance standards set forth in this article. No site plan or other land use or development application shall be approved unless evidence is presented to indicate conformity with the requirements of this article.
§ 475-10.02 Performance standards.
No activity, operation or use of land, buildings, or equipment shall be permitted if such activity, operation, or use produces an environmental impact or irritant to sensory perception which exceeds the standards set forth in this section.
A.
Surface water flow. No site plan review application shall be approved if it would result in identifiable disruption to the existing or natural flow of water within drainage ditches, natural water courses, or drains having a recorded easement, unless evidence of a feasible alternate method of drainage is presented and approved by the County Drain Commissioner.
B.
Dust, smoke, soot, dirt, fly ash and products of wind erosion. Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the regulations established in conjunction with the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, as amended, or other applicable state or federal regulations. No person, firm or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.
(1)
The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stockpiles, shall be prohibited. Emission of particulate matter from material products, or surfaces subject to wind erosion, shall be controlled by paving, oiling, wetting, covering, landscaping, fencing, or other means.
(2)
Residential wood stoves, wood-burning fireplaces, personal campfires, and personal grills/barbecues shall be exempt from this section.
C.
Odor. Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.
D.
Glare and heat. Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed 1/2 of one foot candle when measured at any point along the property line of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.
E.
Impacts from other activities. Upon request, property owners shall provide the Village with evidence of compliance with relevant county, state and federal laws, ordinances, rules, and regulations related to any of the following activities.
(1)
Storage and handling of flammable liquids, liquefied petroleum, and explosives.
(2)
Use of above or below ground storage tanks to contain flammable or toxic material.
(3)
The storage, use, or manufacture of detonable material.
(4)
Emission of gases that could be injurious or destructive to life or property.
(5)
Use of electronic equipment in an industrial, commercial, residential or other operation.
(6)
Use of radioactive material and production of radioactive waste.
(7)
Use of solar panels or wood burners.
(8)
Wind-powered generators.
§ 475-10.03 Procedures for determining compliance.
In the event that the Village receives complaints or otherwise acquires evidence of possible violation of any of the performance standards set forth in this article, the following procedures shall be used to investigate, and if necessary, resolve the violation:
A.
Official investigation. Upon receipt of evidence of possible violation, the Village Manager, Village Chief of Police, Village Zoning Administrator and/or a duly appointed representative/designee of the Village, shall make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards. The Village may initiate an official investigation in order to make such a determination.
(1)
Upon initiation of an official investigation, the Village Designee is empowered to require the owner or operator of the facility in question to submit data and evidence deemed necessary to make an objective determination regarding the possible violation. Failure of the owner or operator to supply requested data shall constitute grounds for taking legal action to terminate the use and/or deny or cancel any permits required for continued use of the land. Data which may be required includes, but is not limited to the following:
(a)
Plans of the existing or proposed facilities, including buildings and equipment.
(b)
A description of the existing or proposed machinery, processes, and products.
(c)
Specifications for the mechanisms and techniques used or proposed to be used to control emissions regulated under the provisions of this article.
(d)
Measurement of the amount or rate of emissions of the material purported to be in violation.
B.
Method and cost of determination.
(1)
The Village Designee shall take measurements and complete the investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately made by the Designee with equipment and personnel normally available to the Village without extraordinary expense, such measurements and investigation shall be completed before notice of violation is issued. If necessary, skilled personnel and equipment or instruments shall be secured in order to make the required determination.
(2)
If the alleged violation is found to exist, the costs of making such determination shall be charged against those responsible, in addition to such other penalties as may be appropriate. If it is determined that no substantive violation exists, then the costs of this determination shall be paid by the Village.
C.
Appropriate remedies. If, after appropriate investigation, the Designee determines that a violation does exist, the Designee shall take, or cause to be taken, lawful action as provided by this chapter to eliminate such violation. The owners or operators of the facility deemed responsible shall be given written notice of the violation. The Designee shall take appropriate action in accordance with the owner or operator's response to the notice of violation. Appropriate action includes the following:
(1)
Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the Designee shall note "Violation Corrected" on the Village's copy of the notice, and the notice shall be retained on file. If necessary, the Designee may take other action as may be warranted by the circumstances of the case, pursuant to the regulations in this and other ordinances.
(2)
Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits, and the alleged violation is not corrected in accordance with the regulations set forth in this article, then the Designee shall take such action as may be warranted to correct the violation, as specified in this chapter, Violations and Penalties.[1]
[1]
Editor's Note: See § 145-12.09, Violations and penalties.
(3)
Reply requesting extension of time. If a reply is received within the specified time limit indicating that an alleged violation will be corrected in accordance with the regulations set forth in the Zoning Ordinance, but that more time is required than was granted by the original notice, the Designee may grant an extension if:
(a)
The Designee deems that such extension is warranted because of the circumstances in the case; and
(b)
The Designee determines that such extension will not cause imminent peril to life, health, or property.
(4)
Reply requesting technical determination. If a reply received within the specified time limit requests further review and technical analysis even though the alleged violations continue, then the Designee may call in properly qualified experts to complete such analysis and confirm or refute the initial determination of violation.
