No land or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area.
(a) Compliance with State and Federal Regulations. All uses shall comply with all applicable state and federal Environmental Protection Agency, Occupational Safety and Health Administration (OSHA), Americans with Disabilities Act, and all other state and federal regulations that pertain to the applicable use.
(b) Enclosures.
(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or body parts in a right-of-way or an open yard is prohibited.
(2) All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings in all districts except the I-1, 1-2, or I-3 Districts, unless specifically permitted otherwise.
(c) Overhead Utility Lines. All utility lines, electric lines; telephone or telecommunication lines, cable lines; etc., shall be placed underground. Exceptions shall be made for high-voltage power lines that cannot feasibly be located underground.
(d) Fire Hazards. Any industrial processing that involves flammable or explosive materials shall only be permitted in the I-2 District and only as a conditional use (See Section 1105.04.).
(e) Noise. All uses shall comply with the following noise standards.
(1) A sound-level meter shall be used to measure decibel level.
(2) Noise levels shall be measured at the lot line.
(4) Exemptions. The following uses and activities shall be exempt from noise level regulations:
A. Noises of safety signals, warning devices and emergency pressure relief valves;
B. Noises resulting from any authorized emergency or public safety vehicle, when responding to an emergency call or acting in time of emergency;
C. Noises resulting from emergency work;
D. Noises resulting from authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department who has been authorized this responsibility by City Council; and
E. Noises resulting from sports events authorized by the Board of Education, private schools, colleges, or universities.
(f) Heat.
(1) In all zoning districts except the I-2 District, no use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
(2) In the I-2 District, no use shall generate heat or glare that is perceptible without the aid of instruments at any point beyond the zoning district boundary.
(g) Vibration.
(1) In all zoning districts except the I-2 District, vibrations, which are perceptible without the aid of instruments, shall not be permitted beyond the lot occupied by the use generating such vibration.
(2) In the I-2 District, all activities shall be set back from and controlled in such a manner as to prevent transmission of vibrations that are perceptible without the aid of instruments beyond the zoning district boundary.
(h) Odors.
(1) In all zoning districts except the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited.
(2) In the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot occupied by the use generating the emission.
(i) Noxious, Toxic or Corrosive Fumes. Noxious, toxic or corrosive fumes or gasses shall not be emitted which shall be injurious to the property, vegetation, or health of people residing or doing business in any adjacent lot.
(j) Air Pollution.
(1) The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited in any zoning district shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values. In addition, no use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling.
(2) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas, or yards shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable treatment.
(k) Solid and Liquid Waste.
(1) Solid waste, including empty packing crates and other excess materials, shall be regularly disposed of, stored in buildings, screened by solid walls or fences, or completely enclosed in containers or dumpsters, and shall not be permitted to accumulate on any lot.
(2) Large waste receptacles shall be:
A. Located in a side or rear yard in compliance with the minimum parking setbacks established in Section (b). This requirement may be waived in the C-4 District if the Zoning Administrator determines that compliance is infeasible due to the property's size, configuration, access, or other relevant factor;
B. Placed on a hard surface suitable for off-street vehicular use areas established in Section 1125.03(h)(3); and
C. In compliance with the screening requirements set forth in Chapter 1123: Landscaping and Buffering.
(3) If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis.
(4) Liquid waste or sewerage shall not be discharged into a reservoir, stream, or other open body of water or into a storm or sanitary sewer except as allowed by other codes of the City of Wooster, County, State or similar jurisdictional authority.
(l) Radioactive or Electrical Disturbances.
(1) No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances.
(2) Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.
(3) The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformity with the applicable regulations of the Nuclear Regulatory Commission and the Ohio Environmental Protection Agency.
(m) Infectious and Medical Waste Materials. The storage, incineration or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.
(n) Stormwater Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
(o) Erosion. No erosion, by either wind or water, which will carry objectionable substances onto neighboring properties shall be permitted
(p) Enforcement. Where determinations can be made by the Zoning Administrator or other authorized City employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Zoning Administrator may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)