(A)   To provide convenient and sufficient districts for industrially oriented office and research activities and for the production and distribution of goods in order to serve and promote economic development of the community;

   (B)   To provide Office-Laboratory Districts in close proximity to the major traffic arteries so as to be accessible to widely dispersed administrative and technical personnel in the region;

   (C)   To provide Light Industrial Districts near the major traffic arteries for uses which generate relatively large volumes of traffic, so as to be accessible to a large labor force and consumers throughout the region;

   (D)   To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets;

   (E)   To protect nearby residential zoning by restricting the types of nearby uses, particularly at their common boundaries, which would otherwise create objectionable influences; and

   (F)   To promote the most desirable and beneficial industrial use of the land.

(Ord. 88-137, passed 9-6-1988)

   (A)   The main buildings and uses set forth in § 1280.03 shall be permitted by right as the principal building or use of a zoning lot.

   (B)   Conditional uses are certain types of main or accessory uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council, approval in the form of a conditional use permit being granted only if:

      (1)   The proposed use is located not closer than necessary to schools, churches and other places of assembly;

      (2)   The location, extent and intensity of the proposed use are such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is permitted by the performance standards of the district; and

      (3)   The proposed use forms a harmonious part of the industrial district, taking into account, among other considerations, traffic and the relationship of one use to another.

   (C)   The accessory buildings and uses set forth in § 1280.03 are permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.

   (D)   A building designed and constructed as a residence cannot be occupied in whole or in part by an industrial use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan and unless it is made to conform to all requirements of the Building Code pertaining to structures permitted in industrial districts.

   (E)   Existing residences, not permitted as of right within any industrial district under this section, shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged and maintained as a residence subject to all lot area, building area, lot coverage and yard regulations of the A-1 District.

   (F)   Notwithstanding anything contained in this chapter, no person shall cause or permit the establishment of an adult entertainment business within one mile of a public or private school, preschool or day-care center, or within 1,000 feet of any residential zoning district, residential dwelling, church or park. For purposes of this division, distances shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest residential district boundary lines, or to the nearest property lines of the premises of a public or private school, preschool or day-care center or residential zone, residential dwelling, church or park.

(Ord. 88-137, passed 9-6-1988; Ord. 29-93, passed 6-7-1993)

   (B)   Those buildings and uses which are permitted and regulated as main, conditional and accessory uses in a given industrial district are designated by an “M,” “C” or “A,” respectively, placed opposite to the use and in the columns under the districts in which such use is permitted.

 

   The Planning Commission may approve, with the consent of Council, any office laboratory or light industrial use not listed in § 1280.03 if such use complies with the performance regulations in § 1280.11 and is similar to a permitted use, based upon the following standards:

   (A)   Such use is not listed in any other classification of permitted buildings or uses;

   (B)   Such use is more appropriate to, and conforms more closely to, the basic characteristics of the classification to which it is to be added than to any other classification;

   (C)   Such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influence to an extent greater than the other uses listed in the classification to which it is to be added;

   (D)   Such a use does not generate traffic to a greater extent than the other uses listed in the classification to which it is to be added; and

   (E)   Such use is similar as to hours of operation of permitted uses.

(Ord. 88-137, passed 9-6-1988)

 

 

      “Landscaped area.” Means the percentage of that part of any lot which is not covered by buildings or occupied by any parking area, driveway or other permitted accessory use.   

      “Lot area.” Means the area of a lot or lots comprising a development exclusive of a public or private right-of-way.

      “Lot coverage.” Means the percentage of a lot covered by the ground floor area of all buildings on the lot.

      “Lot width.” Means the horizontal distance of a lot measured along the building setback line at right angles to the mean lot depth line.

(Ord. 88-137, passed 9-6-1988; Ord. 47-98, passed 3-2-1998; Ord. 61-98, passed 4-20-1998)

      (2)   All required yards, exclusive of paved areas, shall be landscaped. Neither gravel nor plastic chips shall be permitted as a substitute for natural grass in lawn areas. The Planning Commission shall require a planting buffer and/or a fence or wall, where necessary to protect residential districts adjacent to or across the street from an industrial district, in accordance with § 1280.10. Such planting buffer and/or fence or wall may extend into a front yard but shall not be planted or constructed within 15 feet of the planned right-of-way.

   (B)   The depth of the front yard of a corner lot shall be not less than the required setback from the front lot line as provided in this section. The width of a side yard on the side street shall be not less than 50 feet for a main or accessory building or use, except that for off-street parking and/or loading facilities such width shall be not less than ten feet. The minimum width of the opposite side yard or interior side yard shall be not less than the minimum dimensions provided in the Schedule of Minimum Yard Dimensions following.

 

(Ord. 88-137, passed 9-6-1988; Ord. 47-98, passed 3-2-1998; Ord. 61-98, passed 4-20-1998 ; Ord. 40- 2021, passed 7-6-2021)

   (A)   Permitted structures in E-1 Office-Laboratory Districts shall not exceed 75 feet in height. However, the maximum height of structures within 2,500 feet of an intersection of a state highway and an interstate highway shall be 120 feet. Permitted uses in E-2 Light Industrial Districts shall not exceed 35 feet in height. However, within any industrial district, chimneys, domes, elevator penthouses, skylights, spires, stacks, ventilators or other necessary appurtenant features usually carried above the roof of structures permitted in each respective district, when erected upon and as an integral part of a building, may be erected above the height limit, but in no case shall such feature extend more than ten feet above the height of the building.

   (B)   Water towers, radio or television antennas and other similar structures permitted as conditional accessory uses may be erected above the height limit specified, subject to the following provisions:

      (1)   The height from the base of such structure, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line; and

      (2)   No structure detached from the main building shall exceed 35 feet in height.

(Ord. 88-137, passed 9-6-1988)

   (A)   Required off-street parking facilities shall be located on the same lot as the main building or use served.

   (B)   The gross floor area of a building is the total area of all the floors, including the basement, measured from the exterior faces of the building.

   (C)   A parking space shall be not less that 180 square feet, nine feet by 20 feet, exclusive of drives and turning spaces.

   (D)   All parking areas and driveways shall be surfaced with asphalt, concrete or other similar hard surface. All parking areas and driveways shall provide adequate drainage so that all water is contained within the lot on which the parking area or driveway is located in such manner that water will not drain across other private property. Adequate bumper guards or curbs shall be provided to establish the limits of the parking area except at exits and entrances. Such guards or curbs shall restrain the vehicles so that no part of the parked vehicle projects into that portion of a required yard in which off-street parking is prohibited.

   (E)   (1)   The location and width of entrance and exit driveways to parking facilities shall be planned, whenever possible, so that the nearer edge of an access driveway on the frontage street of a corner lot is at least 50 feet from the right-of-way line of the nearest intersecting street. Whenever possible, driveways shall be spaced at not less than 120-foot intervals, measured from the centerline of the driveways. Entrances and exits to a Class E District shall be limited to streets along which the frontage is located in a Class E District or a Class C District. The width of such entrances and exits shall conform to the following schedule:

 

 

   (F)   Sources of light for illumination of buildings or grounds shall be shielded so as not to be objectionable or hazardous to owners of adjacent property or public streets.

(Ord. 88-137, passed 9-6-1988; Ord. 13-10, passed 2-1-2010)

   (A)   Allocation of Use. Space required and allocated for any off-street loading shall not be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing of motor vehicles and it shall be available for its designated purpose when needed.

   (B)   Location of Facility. In an industrial district, a loading space shall not be permitted in a front yard. A required loading and unloading space shall be permitted in a side yard or rear yard in accordance with side or rear yard requirements for parking areas as provided in § 1280.06 .

   (C)   Access Driveways. Each required off-street loading space shall be designed for direct vehicular access to a public street, by means of a driveway or driveways, in a manner which will least interfere with traffic movements. The access shall be located so that the nearer pavement edge is not less than 50 feet from the nearest intersecting street right-of-way line.

   (D)   Improvements. All accessory off-street loading spaces shall be of concrete construction.

   (E)   Minimum Size Criteria. Each required off-street loading space for buildings less than 20,000 square feet in ground floor area shall be at least ten feet wide by at least 25 feet in length. Each required loading space for a building of 20,000 square feet or more of ground floor area shall be not less than 14 feet wide by 60 feet in length. The above requirements shall be exclusive of the maneuvering space and each loading space shall have a vertical clearance of at least 17 feet.

   (F)   Schedule of Required Loading Facilities.

      (1)   All buildings shall be provided with sufficient off-street loading facilities so that a truck will not obstruct a public right-of-way. In addition, all buildings shall be provided with accessory off-street loading spaces as follows:

 

 

(Ord. 88-137, passed 9-6-1988)

      (1)   To screen undesirable views of permitted industrial uses from fronting streets and surrounding residential areas;

      (2)   To increase soil and water retention through landscape requirements;

      (3)   To protect and preserve the appearance, privacy and property values of single-family residential uses from any adverse influences of adjoining industrial uses; and

      (4)   To shield adjoining single-family residential uses from noise, dust and objectionable views during site construction.

   (B)   Definitions. As used in this section:

      “Buffer.” Means a dense five to six-feet high site improvement consisting of landscape materials and groundforms located and designed to alleviate otherwise objectionable views of necessary permitted accessory uses, such as parking and loading facilities (see Appendix I, following this Zoning Code), trash containment areas and utility installations.

      “Groundforms.” Means natural or human-made earth berms and other changes in topography commonly employed in the development of buffers and visibility screens.

      “Landscape materials.” Means winter-hardy ornamental plantings and nonliving durable wall and fencing materials properly employed in the development of buffers and visibility screens, subject to Planning Commission approval.

      “Visibility screen.” Means a medium-dense eight to 15-feet high site improvement consisting of landscape materials and groundforms located and designed to reduce the visual effect of large building masses otherwise disproportionate to the scale of adjacent development, existing or proposed.

   (C)   Location. Buffers and visibility screens shall be mandatory within the required side and rear yards of Class E Industrial Districts abutting residential districts so as to achieve the intent of this section without visually obstructing necessary lines of sight required for safe pedestrian and vehicular movement.

   (D)   Compliance Period and Maintenance.

      (1)   Effective buffers or screening may be required prior to other site development in order to reduce objectionable views, noise and dust associated with the construction process.

      (2)   If not determined necessary prior to other site development, all buffer and screen requirements shall be in place before a certificate of occupancy is issued.

      (3)   If not determined necessary prior to other site development, the desired buffer or screening effect shall be achieved not later than 12 months after the initial installation. The Planning Commission may extend this period of time where a hardship would be created because of unexpected slow growth or material shortages, but in no event shall the Commission extend such period beyond two years from the time that initial installation was to have been or has taken place.

      (4)   Once achieved, the required buffer or screening effect shall be satisfactorily maintained in perpetuity by the owner.

   (E)   Applicability. All provisions of this section shall be applicable to both new development and the expansion, alteration or modification of existing development, including such expansion, alteration or modification limited solely to parking and/or access.

   (F)   Procedures.

      (1)   A landscape plan showing buffer and visibility screen provisions shall be included as part of all preliminary and final development plans. Such plan shall accurately convey the nature and effect of proposed buffer and screening solutions.

      (2)   The Planning Commission may request photographs, elevations, sight lines or other descriptive data considered necessary to determine the effectiveness of the landscape plan.

   (G)   Violations; Notice. Whoever violates any of the provisions of this section and fails to comply therewith within 30 days of notification thereof shall be punished as provided in § 1262.99 .

(Ord. 88-137, passed 9-6-1988)

   (A)   Structures.

      (1)   Enclosure.

         (a)   All permitted main and accessory uses and operations, except for off-street parking and loading facilities, shall be performed wholly within an enclosed building or buildings. Only outdoor overnight parking of cargo carriers in the process of loading and unloading in required off-street loading spaces shall be permitted.

         (b)   Exception: the Planning Commission may grant a conditional use permit for outside storage in Class E-2 Districts only, provided the Planning Commission approve plans that comply with §§ 1280.10 and 1280.12(A)(1)(f)

      (2)   Fire and Explosive Hazards.

         (a)   The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls.

         (b)   All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate firefighting and suppression equipment and devices standard to the operation involved.

         (c)   All buildings shall be accessible to firefighting equipment and shall comply with other fire prevention codes and requirements adopted by the municipality.

      (3)   Waste Materials.

          (a)   Liquid wastes, other than storm water, shall be discharged into the sanitary sewerage system. A separate storm sewerage system shall be provided to receive storm water. No waste which is inimical to sewage treatment shall be discharged into any sewerage system. No waste which is deleterious to the sewerage system or the sewage treatment process shall be discharged into any sewerage system.

         (b)   Solid wastes shall be stored in buildings.

         (c)   Only closed commercial containers for rubbish shall be permitted and they shall be located in the rear yard outside of buildings.

   (B)   Air Pollution.

      (1)   Smoke, Fly Ash, Dust and Dirt. No industrial operation shall exhaust or discharge into the air any quantity of fly ash, dust, dirt or similar forms of air pollution which may become discernible as settlement at or beyond the boundaries of the lot occupied by the use.

      (2)   Noxious or Toxic Matter. The emission of toxic, noxious or corrosive fumes or gases which may 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.

      (3)   Odorous Matter. The emission of odorous gases or other odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

   (C)   Noise. The sound pressure level at the nearest residential street of any operation on a lot, other than the operation of autocalls, bells, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district and no sound shall be objectionable due to intermittance, beat frequency or shrillness.

   (D)   Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use if such vibrations would be perceptible without the aid of instruments.

   (E)   Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use shall not be created.

   (F)   Heat and Glare. No industrial operation that produces heat or glare perceptible from any property line of the lot on which the operation is located shall be permitted. Industrial and exterior lighting shall be used in a manner that produces no glare on public highways and neighboring property.

   (G)   Industrial Wastes. No industry shall discharge any treated or untreated sewage or industrial waste into any reservoir or lake or discharge any untreated sewage or industrial waste into any stream. All methods of sewage and industrial waste treatment and disposal shall be approved by the State Department of Health and all effluent from a treatment plant shall, at all times, comply with the requirements of the Ohio Environmental Protection Agency or a succeeding authority.

   (H)   Soil Removal. No mining, extracting, filling or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion.

(Ord. 88-137, passed 9-6-1988; Ord. 142-98, passed 8-24-1998; Ord. 137-12, passed 9-17-2012)

   (A)   Preliminary Plans.

      (1)   Plan Requirements.

         (a)   Survey. A survey of the property and topography, performed by a registered surveyor, showing the land owned and proposed for development;

         (b)   Buildings. The locations, size, height and use of all main and accessory buildings and their general design, color and exterior materials;

         (c)   Streets. The proposed pattern of vehicular circulation, including estimated traffic volumes, service access and relationship to existing streets. Such street plan shall be forwarded to the City Engineer for review and approval;

         (d)   Utilities. Evidence of adequacy of all required utilities and services;

         (e)   Parking. General layout and estimate of spaces provided, both open and enclosed;

         (f)   Outdoor Storage and Screening. The location, size, height and use of all outdoor storage facilities and proposed screening, which shall be reviewed by the Planning Commission;

         (g)   Miscellaneous. Other site improvements including the general landscape plan; and

         (h)   Grading, Drainage and Improvements. The grading, general drainage pattern and site improvements, which shall be reviewed and approved by the City Engineer prior to final approval by the Planning Commission. The construction of all site improvements shall be inspected by the City Engineer. All costs for the above reviews, approvals and inspections shall be paid by the developer.

      (2)   Submittal of Plans.

         (a)   Presentation of preliminary plans shall be made concurrently to the Building Department (to file an application for construction), to the Planning Commission and to the City Engineer.

         (b)   The Planning Commission shall submit plans to the appropriate departments within the city for their comments, i.e., the Fire, Police and Public Service Departments.

      (3)   Approval of Plans.

         (a)   If preliminary plans are not acceptable to both the Planning Commission and Council, based on the requirements and intent of this section, a revised preliminary plan may be submitted.

         (b)   If preliminary or revised preliminary plans are acceptable to both the Planning Commission and Council with slight modification, final plans, including such modification, may be submitted.

   (B)   Final Development Plans.

      (1)   Plan Requirements.

         (a)   Site Plan. All items submitted for preliminary approval, with modification as requested;

         (b)   Utilities Plan. Detailed drawings of all required utilities, including water, sewers and underground electric and telephone systems;

         (c)   Fire Protection Plan. Water mains, hydrants and other appurtenances;

         (d)   Landscape Plan. Landscaping, buffers, drainage and grading; and

         (e)   Miscellaneous. The construction schedule and disposition program and any other information specifically required by the Planning Commission.

      (2)   Submittal of Plans.

         (a)   Presentation of final plans shall be made to the Planning Commission.

         (b)   The Planning Commission shall submit plans to the appropriate departments within the city for their comments, i.e., the Fire, Police, Public Service and Building Departments.

         (c)   When the development given preliminary approval is to be constructed in two or more phases, final plans shall be submitted separately for each phase, prior to scheduled construction.

      (3)   Approval of Plans.

         (a)   If final plans are not acceptable to both the Planning Commission and Council, based upon the requirements and intent of this section, revised final plans may be submitted.

         (b)   Only when final or revised final plans are acceptable to Council, having first received the recommendation of the Planning Commission, shall final approval be given. If the Planning Commission recommends that said final or revised final plans should not be accepted by Council, said plans shall only be approved upon the concurrence of at least two-thirds of the members of Council.

   (C)   Time Limitation for Construction. The development of the development area shall commence as provided in § 1448.09 of the Building and Housing Code.

(Ord. 88-137, passed 9-6-1988; Ord. 92-97, passed 6-23-1997; Ord. 189-98, passed 3-15-1999; Ord. 137-12, passed 9-17-2012)

   (A)   No building permit for the improvement of a parcel or a portion thereof or for the erection of any building shall be issued for any building or structure in an industrial district unless and until a final development plan has been approved by Council in accordance with the provisions of § 1280.12. If and when any proposed final development plan has been so approved, the Building Commissioner shall then issue the necessary building and other permits upon payment of the required fees and compliance with applicable codes.

   (B)   An occupancy permit shall be issued by the Building Commissioner if the use qualifies under the various restrictions of this Zoning Code and the inspections required have been made and the work approved.

   (C)   Occupancy permits shall not be granted until all required improvements, including landscaping, are completed in compliance with this Zoning Code.

   (D)   If weather conditions prevent completion of some minor improvements (i.e. landscaping, paving and the like) a returnable deposit, equal to the estimated cost of the improvement, shall be deposited with the city, to guarantee completion of the improvements when weather permits.

(Ord. 88-137, passed 9-6-1988)

(Ord. 88-137, passed 9-6-1988)

(Ord. 88-137, passed 9-6-1988)

(Ord. 88-137, passed 9-6-1988)