No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures or safeguards to reduce dangerous and objectionable conditions to acceptable limits are established by the performance requirements in divisions (a) to (l) of this section.
(a) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance compatible with the potential danger involved.
(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point than that of the creator of such disturbance.
(c) Noise and Vibration. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development activities in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.
(d) Toxic and Hazardous Substances. No toxic substance shall be emitted or otherwise discharged into the atmosphere, ground, surface waters or ground waters. No storage, use or transport of toxic or hazardous substances shall be permitted unless such activity is in full compliance with applicable state and federal environmental protection regulations and the expressed prior written approval of the Fire Chief.
(e) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(f) Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street.
(g) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.
(i) Trash. The storage of trash and waste materials, including but not limited to discarded household goods, discarded commercial products, industrial by-products, and other similar materials shall not be visible from the property line on which such materials are being stored or otherwise placed. All such materials shall be housed in an appropriate container or enclosure, excepting trash that is properly placed in an appropriate enclosed container at an assigned location for regularly scheduled trash pickup. In all cases, there shall be full compliance with applicable zoning district standards.
(j) Enforcement Provisions. The Planning and Zoning Administrator or Council prior to the issuance of a certificate of zoning compliance may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(k) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, United States Bureau of Mines, and Ohio Environmental Protection Agency.
(l) Turf and Shrubs. Turf shall not be higher than eight inches, and shrubs may not extend over a sidewalk or into a public right-of-way. If the owner, lessee, agent or tenant having charge of the land mentioned fails to comply with a violation notice per Chapter 1135, the municipality may cause such turf or shrubs to be cut and may employ the necessary labor to perform such task. All expenses incurred shall be documented. The Fiscal Officer shall make a written return to the County Auditor of action taken under this section, with a statement of the charges for its services, the amount paid for the performing of such labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the municipality with the General Fund.
(m) Abatable Nuisance. Upon determination by Council, divisions (a) to (l) of this section shall be considered abatable nuisances and a violation of the provisions of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)