(A)   Requirements. No land or building in any business district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:

      (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 by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

      (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. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

      (4)   Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

      (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)   Air pollution. No pollution of air by fly ash, dust, vapors, or other substances shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.

      (7)   Glare. No direct or reflected glare shall be permitted which is visible from any property outside a Business District or from any public street, road or highway.

      (8)   Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

      (9)   Water pollution. Pollution of water shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.

   (B)   Enforcement provisions.

      (1)   Submission of statements and plans. The Village Engineer, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

      (2)   Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y., the Manufacturing Chemists' Association, Inc., Washington D.C., and the United States Bureau of Mines.

   (C)   Application requirements. With each filing of an application for a nonresidential site improvement, the Village shall require the submission of a preliminary plan, site development plan, and all necessary details and calculations, together with all fees as stipulated in § 154.997.

(Ord. O-1847-01, passed 12-17-01; Am. Ord. O-1963-03, passed 9-15-03) Penalty, see § 154.999

   Buildings in Business districts shall not be located or conducted closer to any lot line of an "R-1" District than the distances specified in § 154.056. Additional required setbacks are as follows:

 

 

(Ord. 0-1847-01, passed 12-17-01)

   For nonresidential uses abutting the "R-1" District, the nonresidential user shall provide landscaping and/or screening approved by the Village Council and shall maintain the landscaping and/or screening in good condition as a precondition to any and every nonresidential use of such abutting property. The Village Council shall have original jurisdiction to reduce the minimum yard requirements stated in § 154.111 provided it finds, after considering the type of landscaping and/or screening required and the nature of the nonresidential use, that the reduction will not be detrimental to the abutting "R-1" District or the owners or occupants thereof.

(Ord. 0-1847-01, passed 12-17-01)

   Temporary buildings and construction trailers used in conjunction with construction work only may be permitted by the Village Engineer in any district during the period construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(Ord. 0-1847-01, passed 12-17-01) Penalty, see § 154.999

   (A)   The open storage and display of material and equipment incident to permitted or conditional uses in "B" Districts shall be permitted provided the area used for open storage and display shall be effectively screened from all adjoining properties in any "R-1" District by means of walls, fences and plantings. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence a strip of land not less than 15 feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting may be substituted.

   (B)   The temporary open storage of contractor's equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a use permit authorized by the Village Council.

(Ord. 0-1847-01, passed 12-17-01) Penalty, see § 154.999

   (A)   General requirements. All commercial and industrial buildings and all parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used.

      (1)   The occupant of a commercial or industrial building shall be responsible for maintaining in a clean and sanitary condition that part of the building which he occupies and controls.

      (2)   The owner of every commercial and industrial building shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of the chapter. The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.

   (B)   Maintenance of foundations.

      (1)   All foundations of every commercial and industrial building shall be maintained structurally sound and in good repair.

      (2)   All foundations of every commercial and industrial building shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundations.

      (3)   All openings into the foundations of every commercial and industrial buildings shall be protected against the entrance of rodents.

   (C)   Maintenance of roofs, gutters and down spouts. All roofs of every commercial and industrial building shall be maintained weather-tight and shall be equipped with gutters and down spouts.

   (D)   Maintenance of exteriors of commercial and industrial buildings and accessory or open buildings.

      (1)   All exterior parts of every commercial and industrial building including exterior walls, parapet walls, decorative additions, chimneys, and all other exterior structures, either above or below the roof line, shall be maintained in a safe condition, weather-tight, and so as to resist decay or deterioration from any cause.

      (2)   Any commercial or industrial building or accessory or open building whose exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying, disintegrating or in poor repair must be repaired or razed.

         (a)   All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, railing, trim and their missing members must be replaced and put in good condition.

         (b)   All replacements must match and conform to original design or be replaced completely.

         (c)   All exterior wood or exterior unfinished surfaces must be sealed and painted or surface covered with other protective coating or treated to prevent rot and decay and conform and match the existing paint or surface covering and original design or replacement thereof. All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering or have weathered due to lack of proper protective covering.

      (3)   All commercial or industrial building or accessory or open building whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be repaired or repainted or resurfaced.

         (a)   All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.

         (b)   All bare exterior surfaces which are flaking or crumbling shall be replaced or sealed in a good and workmanlike manner.

         (c)   All new or repaired bare surfaces shall be painted or coated.

         (d)   All exterior surfaces weathered with dirt and grime or which are peeling or flaking shall be painted or covered with protective coating or surface.

      (4)   Presentation of evidence that all exterior surfaces have, not more than five years prior to the date of inspection, been properly prepared and painted with at least one coat of good exterior paint or covered with other approved protective coating or surface shall be prima facie evidence of the exterior being in good condition.

   (E)   Infestation by pests. All commercial and industrial buildings and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin or rodents.

   (F)   Exterior property areas. No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of the premises any condition which deteriorates or debases the appearance of the neighborhood; or reduces property values in the neighborhood; or creates a fire, safety or health hazard; or which is a public nuisance; including but not limited to the following:

      (1)   Broken or dilapidated fences, walls or other structures.

      (2)   Out of use or non-usable equipment, dilapidated motor vehicles or parts thereof.

      (3)   Materials placed at or on the premises in such a manner as to be patently unsightly, grotesque or offensive to the senses.

   (G)   Structures. All structures shall either be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises.

(Ord. 0-1847-01, passed 12-17-01; Am Ord. O-1896-02, passed 8-19-02) Penalty, see § 154.999