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 the Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements inclusive.
(a) Air Pollution. Air pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.
(b) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(c) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.
(d) Electrical Disturbance. No activity shall emit at any point, electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(Ord. 1981-85. Passed 3-15-81.)
(e) Noise. (Repealed)
(EDITOR’S NOTE: Former subsection (e) hereof was repealed by Ordinance 76-2004, passed July 13, 2004.)
(f) Vibration.
(1) "Steady state vibrations" mean earth-borne oscillations that are continuous. Discrete pulses that occur more frequently than 100 times per minute shall be considered to be steady state vibrations.
(2) "Impact vibrations" mean earth-borne oscillations occurring in discrete pulses at or less than 100 pulses per minute.
(3) "Frequency means the number of oscillations per second of a vibration.
(4) "Three component measuring system" means a device for recording the intensity of any vibration in three mutually perpendicular directions.
A. Maximum permitted steady state vibration displacement. No activity shall cause or create a steady state vibration at any point on any lot line, with a displacement in excess of the permitted steady state vibration displacement for the frequencies as set forth in the following table.
Maximum Permitted Steady State Vibration Displacement | |
Frequency (cycles per second) | Displacement (in inches) |
10 and below | .0008 |
10 - 20 | .0005 |
20 - 30 | .0003 |
30 - 40 | .0002 |
40 - 50 | .0001 |
50 - 60 | .0001 |
60 and over | .0001 |
B. Maximum permitted impact vibration displacement. No activity shall cause or create an impact vibration, at any point on any lot line, with a displacement for the frequencies as set forth in the following table.
Maximum Permitted Impact Vibration Displacement | |
Frequency (cycles per second) | Displacement (in inches) |
10 and below | .0016 |
10 - 20 | .0010 |
20 - 30 | .0006 |
30 - 40 | .0004 |
40 - 50 | .0002 |
50 - 60 | .0002 |
60 and over | .0002 |
(g) Smoke, Dust and Other Particulate Matter.
(1) "Particulate matter" means any finely divided liquid or solid matter capable of being air or gas-borne.
(2) "Dust" means solid particulate matter capable of being air or gas-borne.
(3) "Process weight" means the total weight of all materials used in any process which discharges dust into the atmosphere. Such materials shall include solid fuels, but not liquid or gaseous fuels or combustion air.
(4) "Combustion for indirect heating" means the burning of fuel in equipment, such as steam boilers, water or air heaters, stills, or brew kettles, where there is no contact between the products of combustion and the materials being heated.
(5) "Standard Smoke Chart numbers" mean the numbers on the Standard Smoke Chart indicating graduations of light-obscuring capacity of smoke.
(6) "Smoke" means any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.
(7) "Smoke unit" means a measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Standard Smoke Chart number the time of emission in minutes. For example, the emission of Standard Smoke Chart number 1 for one minute equals one smoke unit.
(8) Maximum permitted emission of smoke. The density of emission of smoke normal operations shall not exceed Standard Smoke Chart number 2, and the quantity of smoke shall not exceed a maximum of 10 smoke units per hour per stack.
(9) Maximum permitted emission of dust.
A. Related to combustion for indirect heating. The emission into the atmosphere of dust related to combustion for indirect heating from any source shall not exceed the maximum number of pounds of dust per million British thermal units heat input per hour as set forth herein: The maximum permitted emission shall be 0.50 pounds per minimum-size plants producing a heat input of ten million or less British thermal units per hour and 0.15 for maximum-size plants producing a heat input of 10,000 million or more British thermal units per hour. All intermediate values shall be determined from a straight line plotted on log graph paper.
B. Related to processes. The emission into the atmosphere of process dust or other particulate matter which is unrelated to combustion for indirect heating or incineration shall not exeed 0.50 pounds per hour for 100 pounds of process weight or 50 pounds per hour for 100,000 pounds of process weight. All intermediate values shall be determined from a straight line plotted on log graph paper.
(h) Odorous Matter. The emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.
(i) Toxic or Noxious Matter.
(1) "Toxic or noxious matter" means any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are:
A. Inherently harmful and likely to destroy life or impair health, or
B. Capable of causing injury to the well-being of persons or damage to property.
(2) The emission of toxic or noxious matter shall be so controlled that no concentration at or beyond lot lines shall be detrimental to or endanger the public health, safety, comfort, and other aspects of the general welfare, or cause damage or injury to property.
(j) Radiation Hazards.
(1) "Fireproof containers" includes steel or concrete containers and shall not include lead or other low-melting or alloys, unless the lead or low-melting metal or alloys are completely encased in steel.
(2) Unsealed radioactive materials shall not be manufactured, utilized, or stored, unless such materials are stored in a fireproof container at or below ground level, in excess of one million times the quantities set forth in Column 1 of the table in Section 38-2 of the Industrial Code Rule No. 38, relating to Radiation Protection of the New York State Department of Labor.
(3) No one of the following fissionable materials shall be assembled at any one point, place, or work area on a zoning lot in a quantity equal to or in excess of the amount set forth herein:
Material | Quantity (Grams) |
Uranium - 233 | 200 |
Plutonium - 239 | 200 |
Uranium - 235 | 200 |
(k) Fire and Explosive Hazards.
(1) "Slow burning" materials means materials which will not ignite or support combustion during an exposure for five minutes to a temperature of 1,200o F. and which, therefore, do not constitute an active fuel.
(2) "Moderate burning" means materials which in themselves burn moderately and may contain small quantities of a high grade of combustibility.
(3) "Free burning" materials means materials constituting an active fuel.
(4) "Intense burning" materials means materials which by virtue of low ignition temperature, high rate of burning, and large heat evolution burn with great intensity.
(5) "Flammable or explosive" materials means materials which produce flammable or explosive vapors or gases under ordinary weather temperature including liquids with an open cup flash point of less than 100 o F.
(6) "Open cup flash point" means the temperature at which a liquid sample produces sufficient vapor to flash but not ignite when in contact with a flame in a Tagliabue open cup tester.
(7) "Original sealed containers" means containers with a capacity of not more than fifty-five gallons.
(8) Classification. Materials are divided into four classifications or ratings based on the degree of fire and explosive hazard. The rating of liquids is established by specified open cup flash points.
A. Class I includes slow burning to moderate burning materials. This shall include all liquids with an open cup flash point of 182o F. or more.
B. Class II includes free burning to intense burning materials. This shall include all liquids with an open flash point between 100o F. and 182o F.
C. Class III includes materials which produce flammable or explosive vapors or gases under ordinary weather temperature. This shall include all liquids with an open cup flash point of less than 100o F.
D. Class IV includes materials which decompose by detonation, including but not limited to all primary explosives.
(9) Regulations applying to Class I materials or products. Class I materials or products may be stored, manufactured, or utilized in manufacturing processes or other production.
(10) Regulations applying to Class II and Class III materials or products. Class II materials or products may be stored, manufactured or utilized in manufacturing processes or other production only in accordance with the following provisions:
A. Such storage, manufacture or utilization shall be carried on only within buildings or other structures which are completely enclosed by an incombustible exterior wall.
B. Such buildings or other structures shall either be set back at least forty feet from any lot lines, or in lieu thereof, all such buildings shall be protected throughout by an automatic fire extinguishing system.
(11) An activity involving the use or storage of flammable or explosive materials (Class IV) 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 which is compatible with the potential danger involved.
(l) Humidity, Heat or Glare. Any acitivity producing excessive humidity in the form of steam or moist air, or producing intense heat or glare, shall be carried out within an enclosure and in such a manner as not to be perceptible at or beyond any lot line.
(m) Enforcement Provisions. The Zoning Inspector prior to the issuance of a zoning permit, shall 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 of tolerances.
(n) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall also conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington D.C., the United States Bureau of Mines, and the Ohio Environmental Protection Agency.
(Ord. 1981-85. Passed 3-15-81.)
(Ord. 1981-85. Passed 3-15-81.)