§ 152.124 REQUIRED CONDITIONS.

   (A)   No zoning certificate shall be issued for a use within the I-2 District, until the applicant shall have certified to the Zoning Inspector that the requirements of division (B) have been satisfied.

   (B)   (1)   Where the property lines separate an industrial district from a residential district, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:

         (a)   An evergreen hedge used with a chain link fence. Such hedge shall not be less than three feet in height;

         (b)   A solid fence of a nondeteriorating material; or

         (c)   Masonry wall;

      (2)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of §§ 152.240 through 152.245;

      (3)   No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the industry involved shall be taken;

      (4)   The emission of smoke or other air pollutants shall not violate the standards and regulations of the Montgomery County Combined General Health District. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means;

      (5)   The emission of odors or odor-causing substances shall not violate the standards and regulations of the Montgomery County Combined General Health District;

      (6)   There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines;

      (7)   Any operation that produces intense glare or heat shall be performed within a completely enclosed building or structure, and exposed sources of light shall be screened so as not to be detectable at the lot line;

      (8)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light on property located in any residential district or on any public street;

      (9)   No building or structure shall be used for residential purposes, except that a watchman or custodian may reside on the premises;

       (10)   The storage, utilization, and manufacture of solid, liquid, and gaseous chemicals and other materials shall be permitted subject to the following conditions;

         (a)   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted only if said materials or products are stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by any automatic fire extinguishing system;

         (b)   All activities involving the use, storage, or disposal of flammable liquids or materials which produce flammable or explosive vapors or gases shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire fighting and suppression equipment and devices standard to the industry involved;

         (c)   The storage and utilization of flammable liquids or materials that produce flammable or explosive vapors or gases shall be permitted on any lot in strict conformance with the applicable regulations set forth in the Ohio Rules and Regulations of the Division of the State Fire Marshal for the Manufacture, Storage, Handling, Sale, and Transportation of Flammable and Combustible Liquids.

      (11)   The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in strict conformance with:

         (a)   The applicable regulations of the Energy Research and Development Administration; and

         (b)   The applicable regulations of any instrumentality of the state;

      (12)   Material or merchandise stored or stockpiled in unsheltered storage bins or outside storage piles or pits shall not exceed a height limit of 20 feet above normal ground level at that point, and said storage area shall not be located closer than 200 feet from any property zoned for residential purposes.

      (13)   No fence shall be erected except as in compliance with the provisions of § 152.182 of this code, with the following additional provision: The Board of Zoning Appeals may consider a variance to the height limits and regarding the use of barbed wire, pursuant to § 152.016.

('80 Code, § 152.124) (Ord. 94-14, passed 7-5-94; Am. Ord. 2000-18, passed 6-20-00; Am. Ord. 2000-26, passed 8-15-00; Am. Ord. 2005-17, passed 1-3-06) Penalty, see § 152.999