§ 152.039 I MANUFACTURING, PROCESSING AND WHOLESALE DISTRICT.

   (A)   Purpose. This district is established to accommodate light industrial uses compatible with the characteristics of Kelleys Island.

   (B)   Permitted uses. In the I Zoning District, the following uses are permitted:

      (1)   The manufacture, compounding, processing, packing or treatment of such products as candy, cosmetics, wood products, drugs, perfumes, pharmaceutical, toiletries, and food products except the rendering or refining of fats and oils;

      (2)   Lumber yards for retail lumber sales;

      (3)   Warehousing and wholesaling;

      (4)   Research laboratories and offices;

      (5)   Newspaper and blueprinting establishments;

      (6)   Utility substations;

      (7)   All storage of petroleum products, chemicals and gas under pressure, as well as gasoline and fuel oil storage facilities shall be subject to inspection and approval of the State Fire Marshall's Office to be in compliance with the provisions of this chapter;

      (8)   Contractors' yards and storage facilities, provided however, that all equipment, tools and facilities shall be neatly arranged or stored or kept within a suitable building;

      (9)   Manufacture of clothing, leather goods, athletic equipment;

      (10)   Metal processing such as fabrication, stamping, extrusion, welding, finishing, polishing;

      (11)   Assembly of small products, such as: cameras, clocks, jewelry, cutlery, kitchen utensils; electrical appliances such as lighting fixtures, irons, fans, toasters, toys; electrical equipment such as home radio and television, movie equipment; small electrical supplies and electrical components; hand tools, dies, engineering, medical and musical instruments and similar small steel products;

      (12)   Plastic molding and extrusion; and

      (13)   Any other use deemed to be similar in accordance with § 152.085.

   (C)   Conditional uses. The following use may be approved by the Planning Commission in accordance with § 152.086 as set forth below:

      (1)   Storage of petroleum products, chemicals and gas under pressure, subject to the approval of any safety measure the Village Council and Fire Chief may require to insure the safety and protection of surrounding property. Such measures may include but are not limited to areas of open space and earth filled retaining walls surrounding storage area; and

      (2)   Micro-breweries or brew pubs with the following additional condition: micro-breweries or brew pubs shall not be located within 500 feet from the boundaries of a parcel of real estate having situated on it a school, church, library, public playground, or municipal park.

   (D)   Area regulations.

      (1)   Minimum front yard depth. 50 feet (see § 152.010(C) for additional yard requirements).

      (2)   Minimum rear yard depth. 25 feet (see § 152.010(C) for additional yard and buffering requirements).

      (3)   Minimum side yard depth. 25 feet (see § 152.010(C) for additional yard and buffering requirements).

      (4)   Height regulations. No building shall exceed 35 feet in height from average finish grade of yard to the highest portion of structure, except for accessory structures, including but not limited to radio towers, antennas, flag poles and chimneys. A more restrictive height limitation may be required if a property is within the Environmental Protection Overlay District.

   (E)   Industrial Performance Standards.

      (1)   Intent. It is the intent of these regulations to prevent land or buildings from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration, smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare or heat, liquid or solid refuse or wastes; condition conductive to the breeding of rodents or insects; or other substance, condition or elements (all referred to herein as “Dangerous or Objectionable Elements”) in a manner or amount as to adversely affect the surrounding area. All uses shall operate in conformance with the limitations set forth in each division below.

      (2)   Vibration. No vibration shall be produced which is transmitted through the ground and is discernable without the aid of instruments at or at any point beyond the lot line; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.

      (3)   Noise (per the State Health Department and the following).

         (a)   All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event, shall the sound-pressure level of noise radiated continuously from a facility at night-time exceed at the lot line the values given in Table I (set out hereafter) in any octave band of frequency. However, where the lot lines adjoin or lie within 25 feet of the boundary of a residential district the sound-pressure levels of noise radiated at night-time shall not exceed at the lot line the values given in Table II (set out hereafter) in any octave band of frequency. The sound-pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conforms to specifications published by the American Standards Association (American Standards Sound Level Meters of Noise and Other Sounds, Z24.3 -1944, American Standards Association, Inc., New York, N.Y., and American Standards Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards, Inc., New York, N.Y. shall be used.)

         (b)   Maximum permissible sound-pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.

TABLE I
Frequency Band Cycles Per Second	Sound Pressure Level Decibels re 0.0002 dyne/cm2
20 - 75	69
75 - 150	60
150 - 300	56
300 - 600	51
600 - 1,200	42
1,200 - 2,400	40
2,400 - 4,800	38
4,800 - 10,000	35

 

If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections is Table III below shall be added to or subtracted from each of the decibel levels given above in Table I.

         (c)   Maximum permissible sound-pressure levels at a lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m., where the lot line adjoins or lies within 25 feet of the boundary of a residential district:

TABLE II
Frequency Band Cycles Per Second	Sound Pressure Level Decibels re 0.0002 cyne/cm2
20 - 75	65
75 - 150	50
150 - 300	43
300 - 600	38
600 - 1,200	33
1,200 - 2,400	30
2,400 - 4,800	28
4,800 - 10,000	26

 

   If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table III below shall be added to or subtracted from each of the decibel levels given above in Table II.

TABLE III
Type of Operations in Character of Noise	Correction in Decibel
Daytime operation only	plus 5
Noise source operates less than 20% of any one- hour period	plus 5*
Noise source operates less than 5% of any one- hour period	plus 10*
Noise source operates less than 1% of any one- hour period	plus 15*
Noise of impulsive character (hammering, etc.)	minus 5
Noise of period character (hum, speech, etc.)	minus 5
* Apply one of these corrections only.

 

      (4)   Air pollution (Per State EPA requirements and the following):

         (a)   Visible emissions. There shall not be discharged into the atmosphere from any source any air pollutant in excess of the darkness limitations listed below. This shall include emissions of air pollutant of such opacity as to obscure an observer's view to a degree equal to or greater than do the visible emissions described below. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. No. 1 on the Ringelmann Chart at all times, except upon demonstration that the emission contains less than one tenth pound of particulate matter per thousand pounds of dry gases, adjusted to 12% carbon dioxide or 50% excess air.

         (b)   Materials handling. No person shall cause or permit any materials to be handled, transported, or stored in a manner which allows or may allow particulate matter to become airborne.

         (c)   Particulate matter. There shall not be discharged into the atmosphere any particulate matter in excess of the quantities shown below:

            1.   From refuse-burning equipment, per 1,000 pounds of dry gases, adjusted to 12% CO2 or 50% excess air, 65/100 pound for capacities of 200 pounds per hour or less than 30/100 pound for capacities of over 200 pounds per hour. In any one hour period this shall not exceed 250 pounds. Refuse shall not be burned in fuel-burning equipment.

            2.   From fuel-burning equipment, 6/10 pound per million BTU input for installations using less than 10,000,000 BTU per hour total input. For installations using more than 10,000,000 BTU per hour total input, the allowable particulate emission, in pounds per million BTU, is determined by multiplying 8.58 times the input, in BTU per hour, raised to the minus 0.165 power (E = 8.58 1-165).

         (d)   Threshold value. There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit.

      (5)   Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped or so modified as to remove the odor.

      (6)   Fire and explosion. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and fire fighting devices in accordance with the Fire Prevention Codes.

      (7)   Radioactive materials. The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission (NRC) and the State of Ohio.

      (8)   Glare and heat. There shall be no direct or sky-reflected glare visible at the lot lines nor glare from lights or high temperature processes such as welding or combustion.

      (9)   Non-radioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the regulations of Erie County and/or the State.

   (F)   Prohibition of outside storage. 

      (1)   All uses of land except as herein provided shall take place within a wholly enclosed structure, except that this shall not be construed to include the parking of motorized vehicles.

      (2)   An area of the lot may be used for the purpose of storing manufactured products and materials awaiting processing provided such area is completely enclosed by a solid fence with no apertures of a height equal to the height of the highest point of stored materials and products.

(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1998-O-53, passed 10-10-98)

Cross-reference:

   Fire prevention regulations, see Chapter 91