(a) General requirements. No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke; dust; odor or other form of air pollution; heat; cold; dampness; electrical interference; or other substance, condition or element (referred to herein as “dangerous or objectionable elements”), in such a manner or in such an amount as to adversely affect the adjoining premises or surrounding area, provided that any use permitted or not prohibited by this Zoning Code may be established and maintained if it conforms to this section at the point of the determination of its existence.
(b) Nonconforming uses. Certain uses established before the effective date of this Zoning Code and nonconforming as to performance standards, shall be given a reasonable time in which to conform with this section, as determined by the Planning Commission.
(c) Existing and new uses.
(1) Investigation by Zoning Officer. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous and objectionable elements, the Zoning Officer shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Planning Commission. If the Commission concurs in the allegation that dangerous or objectionable elements exist or are likely to be created, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practical means of remedying such condition.
(2) Determination of existence. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent. However, the measurements necessary for enforcement of performance standards shall be taken, in any “I” District, at the boundary of such District, or at any point within an adjacent nonindustrial district.
(3) Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Commission may approve, partially approve or disapprove the measure recommended therein and instruct the Zoning Officer to proceed with the enforcement of measures in accordance with Chapter 1254, Administration and Enforcement.
(4) Costs of investigation. The Municipality shall bear the costs of various tests, consultant fees or other investigations which are required in this section, provided that the owner of the property under investigation shall reimburse the Municipality for all such expenses if the operation or use of such property is found to be in violation of this section by the Commission, or if contested, by a court of competent jurisdiction. Such reimbursement shall be made within 30 days from the date of a final Planning Commission ruling or court judgment.
(5) Continued compliance. Any use authorized under this section shall comply continually herewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
(6) The following minimum performance standards shall apply to all uses in the Municipality:
A. Fire and explosion hazards. All activities including storage, involving flammable or explosive materials, shall include the provision of adequate safety devices against the hazard of fire and explosion. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency.
B. Air pollution. No emission of air pollutants shall be permitted which violate the Clean Air Act Amendment, as amended from time to time, as enforced by the Ohio Environmental Protection Agency.
C. Glare and heat. Any operation producing intense light or heat, such as high temperature processes like combustion, welding or otherwise, shall be performed within an enclosed building and shall not be visible beyond any lot line bounding the property whereon the use is conducted.
D. Dust and erosion. Dust or silt shall be minimized through landscaping, paving or other adequate means in a manner as to prevent their transfer by wind or water to points off of the lot in objectionable quantities.
E. Liquid or solid wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply or interfere with bacterial processes in sewage treatment shall be permitted. The standards of the Ohio Environmental Protection Agency shall apply.
F. Vibrations and noise. No uses shall be located and no equipment shall be installed in such a way as to produce intense, earth-shaking vibrations which are discernable without instruments at or beyond the property lines of the subject premises.
G. Odors. No use shall be operated so as to produce the continuous, frequent, or repetitive emission of odors or odor causing substances in such concentrations as to be readily perceptible at any point or beyond the lot line of the property on which the use is located. The applicable standards of the Ohio Environmental Protection Agency shall be adhered to.
H. Electrical interference. No use shall operate so as to produce an electrical interference with adjacent properties.
I. Light and glare. All areas containing outdoor lighting, including but not limited to floodlighting, security lighting, canopy or parking lot lighting shall be regulated as follows:
1. Exterior lights shall be fully shielded to prevent the visibility of the light bulb from adjacent properties. Furthermore, all external lighting shall be so designed and situated so as not to cause glare on adjacent properties.
2. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, fixture height, fixture aim or a combination of these or other factors to mitigate light glare and trespass.
3. Light fixtures mounted on or under canopies or bays shall be of full cut off design, unless indirect lighting is used whereby light is directed upward and then reflected down from the ceiling of the structure.
4. Any lawful lighting fixtures located within the Municipality at the effective date of this Zoning Code which does not conform to the provisions of this section may continue, provided the lighting remains in conformance with the provisions of this section.
5. Nothing in this section shall relieve the owner or beneficial user of legal nonconforming lighting, or the owner of the property on which the legal nonconforming lighting is located, from the provisions of this section regarding safety, maintenance, and repair. Normal maintenance, including replacing light bulbs, cleaning, or routine repair of legal nonconforming light fixtures, shall not be deemed to be a condition which triggers a loss of lawful status described below, unless such maintenance increases the nonconforming aspects of the lighting.
6. Legal nonconforming status shall terminate under the following conditions:
a. If a light fixture is no longer used for a period of six months it shall be deemed abandoned and shall not thereafter be reestablished; or
b. If a lighting fixture is structurally altered such that its nonconforming aspects increase; or
c. If a lighting fixture is relocated, replaced, or moved in any way; or the lighting fixture is damaged beyond repair.
Upon the event of any of the aforementioned, the lighting fixture(s) shall be immediately brought into compliance with this section, or the lighting fixture(s) shall be removed.
7. Lighting found by the Municipality to create a public safety or nuisance can be ordered removed or altered at any time upon a complaint filed by the Zoning Officer. Such complaint will be heard before the Planning Commission at a regularly scheduled meeting for review and a recommendation to Council. Council shall make a final determination regarding the complaint at a regularly scheduled meeting.
(Ord. 17-2013, passed 9-24-2013)