No land or building in an M-1 or M-2 Industrial District shall be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable elements or conditions. All uses in an M-1 or M-2 District shall comply with the following performance standards:
(a) Storage Handling. Storage handling and use of flammable liquids shall comply with regulations as set forth in Bulletin No. 30-L of the National Fire Protective Association. Storage of other materials in yards or structures shall comply with other fire protective codes of the municipality and all parts shall be accessible to fire fighting equipment.
(b) Solid Waste. Solid waste, including empty packing crates and other excess materials, shall not be allowed to accumulate on a lot and shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container or dumpster shall be:
(1) Located in a side or rear yard and shall comply with the minimum parking setbacks established in Schedule 1278.06(a).
(2) Screened from view with materials compatible with the main building finishes. Screening materials shall extend at least two feet above the storage container.
(c) Liquid Waste. Liquid wastes shall be disposed of in appropriate containers and removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream or other open body of water or into a storm or sanitary sewer until treated so that the insoluble substances, such as oils grease, acids, alkalines and other chemicals in the waste do not exceed the amount allowed by other codes of the City.
(d) Fire Hazards. Any activity involving the use of flammable or explosive material shall be protected by adequate fire-fighting and fire-suppression equipment, and by such safety devices as are normally used in the handling of any such material.
(1) Flammable or explosive materials shall only be permitted in structures having incombustible exterior walls.
(2) The applicable provisions of the Ohio Revised Code shall be complied with, and no explosives shall be stored, used or manufactured without first submitting to the Zoning Enforcement Officer a certificate of compliance from the State Fire Marshal or the City Fire Chief.
(3) No gasoline or other inflammable or explosive material shall be stored unless the location, plans and construction of the storage facility conform to the laws and regulations of the State and have the approval of the State Fire Marshal.
(e) Radioactive or Electrical Disturbances.
(1) No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances. Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.
(2) The handling of radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformity with the applicable regulations of the Nuclear Regulatory Commission and the Ohio Environmental Protection Agency.
(f) Noise.
(1) No use shall emit noise which, when measured at the nearest residential district boundary, exceeds the average noise volume generated by vehicular traffic on the nearest residential street, except during construction operations.
(2) The sound pressure level resulting from any use or activity which abuts any other zoning district shall not exceed the maximum permitted level at the Industrial District zoning boundary for the designated octave band, as provided in Schedule 1278.09(f).
Schedule 1278.09(f)
Octave Band Frequency (cycles per second) | Decibels |
Octave Band Frequency (cycles per second) | Decibels |
0 to 74 | 76 |
75 to 149 | 71 |
150 to 299 | 63 |
300 to 599 | 59 |
600 to 1199 | 50 |
1200 to 2399 | 45 |
2400 to 4799 | 38 |
4800 and over | 36 |
(3) In addition, no use shall emit intermittent or shrill noises that are perceptible at the nearest residential district. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(g) Vibration. Vibrations that are perceptible without the aid of instruments shall not be permitted beyond the lot occupied by the use generating such vibration. On or beyond the boundary of any lot, the ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property user) shall not exceed the limits set forth in Schedule 1278.09(g) below:
Schedule 1278.09(g)
Frequency (cycles per second) | Adjacent to a Nonresidential District | Adjacent to a Residential District |
0 to 9 | .0020 | .0004 |
10 to 19 | .0010 | .0002 |
20 to 29 | .0006 | .0001 |
30 to 39 | .0004 | .0001 |
40 to 49 | .0003 | .0001 |
50 and over | .0002 | .0001 |
(h) Smoke. Smoke shall be controlled as much as economically possible as determined by the Ohio Environmental Protection Agency. In an M-2 District, the emission of 22 smoke units per stack in any one hour is prohibited. However, once during any three-hour period, each stack may be permitted up to 40 additional smoke units, not to exceed Ringelmann No. 2, for soot blowing and fire cleaning. Only during fire cleaning periods, however, shall smoke of a density of Ringelmann No. 3 be permitted, and then for not more than four minutes per period. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in Schedule 1278.09(h).
Schedule 1278.09(h)
Permitted Rate of Particulate Matter Emission (pounds per hour, per acre) | |
Height of Emission (feet) | Pounds |
Permitted Rate of Particulate Matter Emission (pounds per hour, per acre) | |
Height of Emission (feet) | Pounds |
0 to 49 | 3.0 |
50 to 99 | 3.0 |
100 to 149 | 3.5 |
150 to 199 | 3.8 |
200 to 299 | 4.2 |
300 to 399 | 5.0 |
400 and over | 7.0 |
(i) Odors. No use shall emit malodorous gas or matter that is discernible on any adjoining lot or property.
(1) An odor emitted not more than 15 minutes in any one day shall not be deemed to be continuous, frequent or repetitive within the meaning of this Planning and Zoning Code. The existence of an odor shall be presumed when analysis done by a competent technician demonstrates that a discernible odor is being emitted.
(2) Any process which may involve the creation or emission of any odor shall be provided with a primary and secondary safeguard system so that control will be maintained if the primary safeguard system fails.
(3) The rules and regulations of the Ohio Environmental Protection Agency shall be complied with.
(j) Noxious, toxic or corrosive fumes. Noxious, toxic or corrosive fumes or gases shall not be emitted which shall be injurious to the property, vegetation or health of the people residing in any adjacent Residential District.
(k) Air Pollution. No use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling as per the Ohio Environmental Protection Agency.
(l) Heat and Glare. No use shall generate heat or glare which is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
(m) Lighting. All lighting shall be so arranged as to direct light away from adjacent parcels and streets and shall not be of excessive brightness or cause a glare hazardous to motorists or reasonably objectionable to adjacent property owners.
(1) No direct or reflected glare is permitted which is visible from any property or from any public street, road or highway.
(2) All parking areas and walkways shall be illuminated to a minimum of one foot-candle.
(3) No freestanding light post shall exceed a height of 30 feet.
(n) Erosion. No erosion, by either wind or water, is permitted which will carry objectionable substances onto neighboring properties.
(o) Water Pollution. Pollution of water is subject to the requirements and regulations established by the Ohio Water Commission and the Ohio Environmental Protection Agency.
(Ord. 58-01. Passed 5-29-01; Ord. 39-17. Passed 6-12-17.)