In order to preserve and conserve the natural resources of the village for the present and future use of the residents of the village and in the interest of protecting the public health, safety and welfare of said residents, performance requirements for commercial and industrial uses shall apply.
(A) Requirements. No proposed use in a B or M District shall be permitted that will create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely effect the surrounding area or adjoining premises. The following performance requirements shall apply to all proposed uses in the B and M Districts.
(1) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material.
(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. No activity shall emit noise or vibration which is objectionable because of intermittence, beat, frequency or shrillness. Noise or vibration may equal but shall not exceed average street traffic noise or vibration on the nearest street bordering a non-commercial or non-industrial use. Noise or vibration resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.
(4) Smoke and air pollution. No establishment shall be permitted to emit into the air smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution except as permitted and approved by the Ohio EPA Division of Air Pollution Control.
(5) Odors. No malodorous gas or matter shall be permitted which is offensive or as to produce a public nuisance or hazard on any adjoining lot or property.
(6) Glare. No direct or reflected glare shall be permitted which is visible from any property outside a B or M District or from any public street, road or highway.
(7) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(8) Surface water and ground water pollution. No use or construction of any improvement upon any premises shall be commenced or altered without first notifying the Planning Commission of the intended use, construction or alteration of use or construction, and without first obtaining the necessary permits of the exceptions from the state, Environmental Protection Agency, or other state or federal regulatory authority, including, but not limited to, industrial wastewater discharge permits to install under the Federal Water Pollution Control Act, as amended; the Atomic Energy Act of 1954, as amended; the Solid Waste Disposal Act, as amended; and other federal or state laws as they may affect surface water and ground water resources. Notwithstanding the fact that all permits have been obtained and all notification has been given pursuant to the immediately preceding subsection, any commercial or industrial entity shall further be prohibited from engaging in any or all of the following activities:
(a) On-site disposal and/or containment of domestic, industrial, commercial and animal wastes, not treated in accordance with EPA standards;
(b) The operation of animal feed lots, breeding and rearing pens;
(c) Burial of storage tanks; and
(d) Drilling of gas or oil or water wells, except those water wells required by federal, state or local governing bodies, including, but not limited to, EPA.
(9) Other hazards. Other hazards not specifically addressed by the performance standards established herein shall be made known to the Zoning Inspector by any establishment proposing to locate in a B or M District. Regulations for such hazards shall be as determined by the Planning Commission.
(B) Administration and enforcement provisions.
(1) All applications for zoning certificates shall be accompanied by certification from a professional engineer registered in the state that the proposed use can meet the performance standards set forth in division (A) of this section. The Zoning Inspector may waive all or part of this requirement when it is determined that the proposed use is not relevant to the performance standards.
(2) Methods and procedures for the determination of the existence of any dangerous and/or objectionable elements shall conform to the measurement standards of the Ohio EPA or other regulatory agency applicable to the situation being considered.
(3) The Zoning Inspector shall investigate any reported violation of the performance requirements. If the Zoning Inspector finds that a professional determination of the existence and nature of the violation is necessary, the services of an engineer or qualified professional may be authorized by the Village Council. The cost of such services incurred by the village in establishing a violation shall be paid by the violator if such violation is established. If no violation is established, the cost shall be borne by the village.
(Ord. O-38-2020, passed 12-14-2020)
Statutory reference:
Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq.
Federal Water Pollution Control Act (now the Clean Water Act), see R.C. § 33 and U.S.C. §§ 1251 et seq.
Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq.