(a) Prohibited Uses; Violations; Declaration of Public Nuisance. The storage, processing or salvaging of discarded lumber or other building material, or any kind of material, including, but not limited to, hazardous waste, infectious wastes, or low-level radioactive waste, the wrecking or dismantling of motor vehicles, and junk yards of any description, are specifically prohibited within the City except as otherwise provided herein, and may not be authorized by the Board of Zoning Appeals. It is hereby declared to be a nuisance, and against the public peace, health, safety and general welfare of the City, to violate the provisions of this section.
(b) Definitions. As used in this section:
(1) "Hazardous waste" means any waste or combination of wastes in solid, liquid, semi-solid or contained gaseous form that, in the determination of the Director of the Ohio Environmental Protection Agency, because of its quantity, concentration or physical or chemical characteristics, may do either of the following:
A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
B. Pose a substantial present or potential hazard to human health or safety or to the environment when improperly stored, treated, transported, disposed of or otherwise managed.
"Hazardous waste" includes any substance identified by regulation as a hazardous waste under the Resource Conservation and Recovery Act of 1976, 90 Stat 2806, 42 U.S.C.A. 6921, as amended, and does not include any substance that is subject to the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C.A. 2011, as amended. "Hazardous waste" also includes all of the substances or categories of substances set forth in Ohio R.C. Chapter 3734.
(2) "Infectious wastes" includes all of the substances or categories of substances set forth in Ohio R.C. 3734.01(R).
(3) "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954.
(c) Exceptions. Businesses which store infectious wastes incidental to their primary business, such as doctors' offices, laboratories, nursing homes and the like, shall be permitted to store infectious wastes, provided that they comply with the provisions of Ohio R.C. 3734.021.
Also excepted from the provisions of subsection (a) hereof are those materials which are stored pursuant to the provisions of Section 1355.09 of these Codified Ordinances and the Ohio Fire Code.
(d) Tents, Trailers and Dining Cars. No tents, camp cars, trailers, dining cars or similar facilities shall be placed on any lot or premises within the City or used for living, business or commercial purposes, or for accessory uses, and their use shall not be authorized by the Board of Zoning Appeals. Construction of shanties or trailers used in conjunction with construction activities may be permitted with the approval of the Building Commissioner.
(e) Cultivating, processing or dispensing medical marijuana in accordance with Chapter 3796 of the Ohio Revised Code is prohibited.
(f) Other Prohibited Uses. Crematories, trailer parks, storage garages, and car washes not attached to an automotive fueling station as a conditional use are also prohibited in the City. (Ord. 2020-11. Passed 3-2-20.)