(a) Applicability. Every permitted use and conditional use permit shall conform to the performance standards in this chapter and to the laws and regulations of the State of Ohio and of the federal government. Any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the performance standards. Compliance with these standards shall be required during all times of operation of the approved activity or use.
(b) Existing Use. An existing use which does not conform with these performance standards shall not be enlarged or remodeled if: the enlargement or remodeling will cause greater noncompliance with the performance standards which exist at the time of the proposed enlargement or remodeling; or if the nonconforming conditions are not brought into compliance as a result of or concurrently with the enlargement or remodeling.
(c) Measurement Procedures. Methods and procedures for the determination of compliance with these performance standards shall conform to applicable methodologies prescribed by this Zoning Code or to applicable standard measurement procedures published by the American National Standards Institute, New York, N.Y., the Manufacturing Chemists’ Association, Inc., Washington, D.C. and the United States Bureau of Mines, the National Fire Protection Association, the Ohio Environmental Protection Agency, and other recognized organizations whose standards are acceptable to the Zoning Official.
(d) Studies to Demonstrate Compliance. When the Planning and Zoning Administrator or the Board of Zoning and Building Appeals determines that either the information provided by the property owner is not sufficient to determine compliance with the performance standards without providing additional studies or expert advice, or that the information provided by the owner is of such nature, complexity, or quantity that the Planning and Zoning Administrator or the Board is not able to make a determination of compliance without additional studies or expert advice, then the Planning and Zoning Administrator shall advise the owner that such studies or advice are required. The Planning and Zoning Administrator and the Board may accept the required studies prepared by qualified professionals engaged by the owner or the owner shall deposit funds with the City as required to pay for such studies or expert advice.
(e) Control of Objectionable Processes and Operations. The Planning and Zoning Administrator or Board of Zoning and Building Appeals, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements, including those described in the following performance standards, involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(f) Performance Standards. The following performance standards shall be applicable to the operation of any use permitted under this Zoning Code.
(1) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression 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.
(2) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3) Noise and vibration. All activities shall comply with the provisions of Section 509.11 of the Code of Ordinances and all other regulations of the City relating to noise and vibration.
(4) Smoke emission. Smoke shall not be emitted with a density greater than No. 1 on the Ringelmann Chart as issued by the U.S. Bureau of Mines except for flow-off periods of ten (10) minutes duration of one (1) per hour when a density of not more than No. 2 is permitted.
(5) Odors. No malodorous gas or matter which is offensive or produces a public nuisance or hazard on any adjoining lot shall be permitted.
(6) Air pollution. No pollution of air by fly-ash, dust, vapor or other substance which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling shall be permitted.
(7) Glare. No direct or reflected glare which is visible from any lot outside any Industrial District or from any public street, road or highway shall be permitted.
(8) Erosion. No erosion, by either wind or water carrying objectionable substance onto neighboring properties shall be permitted.
(9) Water pollution. Pollution of water shall be subject to the requirements and regulations established by the State Water Pollution Control Board.
(10) Toxic or noxious matter. No use, operation, or activity shall emit or discharge toxic or noxious matter in any form, particularly as identified on the USEPA Extremely Hazardous Substances List, which may be detrimental to the public health, safety or general welfare or which may endanger the natural environment. Provisions for the proper storage, use, and disposal of hazardous and/or toxic materials shall conform to the standards and requirements for such materials established by the USEPA and OEPA.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)