Administration and enforcement
a. All applications for non-residential uses, in addition to all other ordinances and regulations, shall be reviewed by the reviewing authority for compliance with the performance standards of Section 3 of this Article.
It is intended that the burden of proof for the establishment of compliance with the performance standards of Section 3 shall rest with the applicant. All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.
No applicant shall be required to reveal any secret processes. The applicant shall be invited to appear before the reviewing authority at its scheduled meeting.
b. The reviewing authority may require such evidence as may be pertinent to establishing assurance that the proposed use will comply with Section 3, including expected levels or quantities of noise, vibration, liquid or solid wastes, smoke and other forms of air pollution, heat and glare, or other nuisances as set forth in Section 3 in terms easily comparable with the values given in that section.
In cases where correction devices are to be used, they shall be stated, and examples of such correction devices in use will be given with such illustrations as are necessary to clearly convey the methods used to the reviewing authority.
Examples of similar operations in actual use, with photographs, testimony and explanation, may be submitted to the reviewing authority to clearly convey the type of use and its performance.
c. In the event of a determination by the zoning officer of a violation of the performance standards subsequent to the granting of a permit, a written notice of the violation shall be sent by registered mail to the owner of the use. The notice shall further state that, upon the continuation of the violation, technical determinations as described in this ordinance shall be made by the zoning officer, or designee, and, if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate. If it is determined that no violation exists, the cost of the determination will be paid by the Town of Tiverton.
(Ord. No. 2025-0007, 4-21-25)