Fairborn City Zoning Code
CHAPTER 1125
Performance Standards
1125.01 COMPLIANCE REQUIRED.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazards, including possible potential hazards; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises; provided that any use permitted or not expressly prohibited by this Zoning Code may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence.
(Ord. 34-17. Effective 12-7-17.)
1125.02 PERFORMANCE STANDARDS PROCEDURE.
All permitted uses as specified in Chapter 1122: Use Districts and Chapter 1123: Planned Unit Development District, shall comply with the performance standards procedure in this Chapter. In addition, the Zoning Administrator may, at their discretion, require any other use not specifically listed to comply with the performance standards procedure if such use is likely to violate the standards of this Chapter.
(Ord. 34-17. Effective 12-7-17.)
1125.03 HEALTH DEPARTMENT ENFORCEMENT.
The City Manager may request the County Health Department to assist the Zoning Administrator in the enforcement of the provisions of this chapter or in any investigation hereunder, as such assistance may be necessary and authorized by law.
(Ord. 34-17. Effective 12-7-17.)
1125.04 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 therewith as provided in Chapter 1124: Nonconformities.
(Ord. 34-17. Effective 12-7-17.)
1125.05 LOCATIONS WHERE DETERMINATIONS ARE TO BE MADE FOR ENFORCEMENT OF PERFORMANCE STANDARDS.
The determination of the existence of any dangerous or 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 (herein referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in this Chapter shall be taken at different points in different zoning districts in relation to the establishment or use creating the element being measured (herein referred to as "point of measurement") as follows:
(a) In any Residential District and "NTCR" and "NC" Districts: Twenty-five feet from the establishment or use, or at the lot line of the use if closer to the establishment or use.
(b) In any Other District: At the boundary or boundaries of the district, or at any point within any Residential District.
(Ord. 34-17. Effective 12-7-17.)
1125.06 PERFORMANCE STANDARD REGULATIONS.
The following provisions, standards and specifications shall apply:
(a) Air Pollution. No emission, dust, fume, mist, gas or vapor shall be permitted which can cause damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling, at any point as regulated by Air Pollution Control Regulation (A.P.C.R.) developed by Greene County General Health District (August 5, 1972 or as may be amended or replaced from time to time).
(b) Liquid or Solid Wastes. No discharge shall occur at any point into any public sewer, private sewage disposal system, or stream, or into the ground, except in accordance with standards approved by the Greene County Health Department or the Ohio State Department of Health, or the U.S. Environmental Protection Agency, as may be applicable.
(c) Fire & Explosive Hazards. Storage, utilization, or manufacture of free-burning or intense-burning solid or liquid materials or products shall be prohibited in all zoning districts. This prohibition shall apply also to materials producing flammable or explosive vapors or gases.
(d) Electrical Disturbances. Activities emitting electrical disturbances affecting the operation of any equipment other than that of the creator of such disturbances shall be prohibited in all zoning districts.
(e) Glare, Heat and Exterior Light. Any operation producing intense light or heat, such as high temperature processes like combustion or welding, shall be performed within an enclosed building. The operation shall not be visible beyond any lot line bounding the property whereon the use is conducted. No lighting shall be positioned so as to extend light or glare onto adjacent properties or right of ways.
(f) Noise.
(1) Noise levels shall not exceed the following A-weighted decibel (DbA) levels:
(2) These noise levels shall not be exceeded for more than fifteen (15) minutes during any continuously monitored, typical, 24-hour period. Measurement shall be made from the edge of the zoning lot to the structure or noise source existing or proposed.
(g) Vibrations. No uses shall be located, and no equipment shall be installed, in such a way as to produce intense, earth-shaking vibrations which are discernible, without instruments, at the property lines of any premises.
(Ord. 34-17. Effective 12-7-17.)