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Any use established in a Research-Office, Commercial Service or General Industrial District, after the effective date of this Zoning Code, shall comply with the performance standards set forth hereinafter for the district in which such use shall be located, as a condition precedent to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with or further conflict with the performance standards set forth hereinafter for the district in which such use is located as a condition precedent to further use. Statements in writing may be required from the owner by the Planning Commission indicating that such uses comply or will comply with such performance standards.
(a) Administration and Enforcement.
(1) Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Zoning Code that:
A. Where determination can be made by the Building Inspector, using equipment normally available to the City, such determinations shall be so made before notice of a violation is issued.
B. In cases where technical complexity of extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, the City shall select and arrange for an independent survey by a professional engineer qualified in the particular field, and the costs for the services shall be paid by the owner.
(2) If the Building Inspector finds, after making determinations in the manner set forth in this section, that there is violation of performance standards, he or she shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to comply with such action shall result in the assessment of a penalty, in accordance with Section 1262.99(h).
(b) Conformance Required. All uses within the City shall conform to the performance standards set forth herein.
(1) Enclosure. All permitted main and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings in any Research-Office, Commercial Service or General Industrial District. All raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings in any Research-Office or Commercial Service District, and within enclosed walls or fencing so as not to be visible from adjacent properties in any General Industrial District.
(2) Fire and explosive hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith 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 operation involved.
(3) Smoke, dust, dirt and fly ash. It shall be unlawful to discharge into the atmosphere, from any single source of emission whatsoever, any air contaminator, for a period or periods aggregating more than four minutes in any one-half hour, which contaminator is:
A. As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart. The Ringelmann Chart, as published by the United States Bureau of Mines, which is hereby made a part of this section, shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart. A Ringelmann Chart shall be on file in the office of the administrative official.
B. Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in paragraph (b)(3)A. hereof, except when the emission consists only of water vapor.
The quantity of gas-borne or air-borne solids shall not exceed two-tenths grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.
(4) Drifted and blown material. The drifting or air-borne transmission beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and may be summarily caused to be abated.
(5) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, or such as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(6) Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health, at or beyond the boundaries of the lot occupied by the use, shall not be permitted.
(7) Noise standards.
A. Method of measurement. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York).
B. Locational requirements for measurement. Sound levels shall be measured along the boundaries of the site
C. Permitted sound levels. Sound levels will be in accordance with Chapter 634 of these Codified Ordinances. The standards shall apply to all noises, due to intermittence, beat frequency or shrillness.
(8) Vibration standards.
A. Requirements. All uses shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the maximum displacement set forth in paragraph (b)(8)D. hereof.
B. Method of measurement. The displacement of earth caused by vibration shall be measured in inches by an appropriate instrument approved by Council upon recommendation of the City Engineer.
C. Locational requirement. Vibration shall be measured as specified along the boundaries of the site.
D. Permitted vibration transmissions.
Frequency Maximum Permitted Displacement Along the
(hertz per sec.) Abutting Zoning District (in.)
0 to 10 .0008
10 to 20 .0005
20 to 30 .0002
30 to 40 .0002
Over 40 .0001
(9) Radioactive and hazardous materials. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards or its successor.
(10) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this section and shall be on file in the office of the administrative official.
(11) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.
(12) Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window and shall be so arranged, as far as practical, to reflect light away from any residential use.
(13) Incineration facilities. Incineration facilities emitting neither smoke nor odor shall be provided and located within the main or accessory building. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings, except in approved containers awaiting pickup.
(14) Waste materials. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or sewer, unless they are treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of the State, County or City of North Royalton.
(Ord. 1988-174. Passed 10-17-88.)
Signs in Research-Office, Commercial Service and General Industrial Districts shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with Chapter 1284.
(Ord. 1988-174. Passed 10-17-88.)
Parking and loading facilities in Research-Office, Commercial Service and General Industrial Districts shall be in accordance with Chapter 1282.
(Ord. 1988-174. Passed 10-17-88.)
In order to carry out the intent and purpose of this chapter, the Planning Commission may prepare design plans for specific areas in Research-Office and General Industrial Districts, showing its recommendations, which may include, but are not limited to, the location and width of street rights of way and pavements; the location and width of controlled accessways to major streets, interior marginal service roads and parking and loading areas; and the minimum yard dimensions for buildings, accessory uses and permitted yard uses. Such design plans shall be developed in accordance with the criteria set forth in this chapter and any other applicable provisions of this Zoning Code.
After such plans are duly adopted by the Planning Commission and Council, they shall be construed as being part of this Zoning Code, and compliance therewith shall be required.
(Ord. 1988-174. Passed 10-17-88.)
Preliminary and final site development plans shall be prepared by the developer for all proposed developments in any Research-Office, Commercial Service or General Industrial District and shall be submitted to the Planning Commission for review and approval.
(a) Contents. Plans for a development shall be drawn at an appropriate scale and shall include:
(1) Survey. Property and topography, showing land owned and proposed for development, surrounding and adjoining streets and adjoining lots and their uses.
(2) Buildings. The location, size, height and use of all proposed main and accessory buildings; their general design, materials and color; the nearest building on adjoining lots and its use.
(3) Traffic. The proposed system of on-site vehicular circulation, details for accessways to streets, methods for control of traffic and type of pavement.
(4) Parking areas. The layout, an estimate of the number of spaces, landscaping and other design features and type of pavement.
(5) Utilities. The location, size and grade of all utility installations and connections to present or proposed facilities.
(6) Site development. The grading plan; designs of landscaped yards, planting areas and fence screens adjoining residential areas; the size, location and type of all outdoor signs; and exterior lighting.
(7) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties and other instruments as may be required.
(b) Approval. A preliminary development plan designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the Subdivision Regulations of the City shall be submitted to the Planning Commission for review and approval.
If the preliminary development plan, together with any modifications thereof proposed by the developer, is found by the Planning Commission to be in compliance with the requirements of the applicable district and any other applicable provisions of this Zoning Code, as well as architectural review and the Subdivision Regulations of the City, the Commission shall approve such preliminary development plan within forty days from the date of the meeting when all required plans and data had been received. If such development plan is not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer.
Upon approval of a preliminary development plan, the developer shall prepare and submit to the Planning Commission a final development plan, which shall include the final grading plan and detailed plans and specifications for all streets, storm and sanitary sewers, water distribution and all other site features, designed in accordance with the Subdivision Regulations and construction codes of the City of North Royalton.
Upon receipt of a final development plan, the Secretary of the Planning Commission shall transmit a copy of the final development plan, including detailed construction plans and specifications, to the Engineer for his or her review, report and recommendation. The Engineer shall, within forty days from the date of receipt of the final development plan, provide and furnish to the Planning Commission a report upon the compliance of the development plan with those regulations within the jurisdiction.
If, after evaluating the Engineer's report, the Planning Commission finds that a proposed final development plan is in accordance with and represents a detailed expansion of the preliminary plan heretofore approved, that it is in conformance with the provisions of this Zoning Code, the Building Code and the Subdivision Regulations of the City of North Royalton and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Engineer, the Planning Commission shall approve such final plan within ten days from the date of the meeting when all required final plans and data had been received.
After approval, the developer may apply for a building permit which shall be issued by the Building Inspector.
(c) Revision; Lapse of Approval. The final development plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final development plans.
Failure to begin the construction of all or a substantial portion of the improvements approved in the final development plan within one year after the issuance of a permit shall make null and void the plan as approved, unless an extension of time is granted by the Planning Commission.
(Ord. 1988-174. Passed 10-17-88.)
The following regulations for landscaping in Research-Office and General Industrial Districts shall apply:
(a) All portions of a lot which are not improved shall be landscaped or maintained in an orderly natural state.
(b) The area to be landscaped shall be planted within six months from the date of issuance of a certificate of occupancy and thereafter shall be properly maintained.
(c) In addition to a five to seven-foot high fence, Research-Office and General Industrial Districts shall also require a landscaped visual buffer along a boundary with an adjoining Residential District. Such buffer shall contain deciduous and evergreen trees or shrubs sufficient to create a year-round visual barrier and shall be twenty feet in width.
(d) All landscaping plans shall be submitted to the Planning Commission for review and approval.
(e) All landscaping shall be in accordance with the provisions of Chapter 1288 of this Zoning Code.
(Ord. 1988-174. Passed 10-17-88.)
All exterior masonry surfaces on buildings constructed in any Industrial District shall be of face brick, stone or other finished type of masonry. Common concrete block shall not be permitted except on rear walls adjacent to the rear property lines where expansion can occur, provided that the rear wall does not face residential areas, public facilities, schools, churches, etc., and that all openings, doorways and transitions are returned in brick.
(Ord. 89-213. Passed 2-6-90.)
(a) Applications Subject to Review. An application for building permit for work or a use for a building for which a license is required by Section 870, Adult Entertainment Businesses, of the Codified Ordinances of the City of North Royalton.
(b) Administrative Reviewer. Pursuant to the Codified Ordinances of the City of North Royalton, Section 870, Adult Entertainment Businesses, the Building Commissioner is the administrative reviewer.
(c) Application Review Guidelines. The Application Review Guidelines for Adult Entertainment Businesses, Sexually Oriented Business Establishments are:
(1) The proposed location is within the General Industrial District;
(2) The proposed location shall not be on any parcel having frontage on State Route 82 (Royalton Road);
(3) The proposed location is more than 500 feet from any place licensed for the sale of beer or intoxicating liquor for consumption on the premises;
(4) The proposed location is more than 500 feet from any other place licensed to operate a sexually oriented business;
(5) The proposed location is more than 500 feet from any residence district, or any structure used as a residence;
(6) The proposed location is more than 500 feet from any church;
(7) The proposed location is more than 500 feet from any primary or secondary school;
(8) The proposed location is more than 500 feet from any daycare center or nursery school;
(9) The proposed location is more than 500 feet from any hotel or motel;
(10) The proposed location is more than 500 feet from any public park or playground;
(11) The proposed location is more than 500 feet from any public library.
(Ord. 98-97. Passed 7-21-98.)