Strasburg City Zoning Code
SPECIAL PROVISIONS
FOR COMMERCIAL AND INDUSTRIAL USES
§ 153.110 PERFORMANCE REQUIREMENTS.
In order to preserve and conserve the natural resources of the village for the present and future use of the residents of the village and in the interest of protecting the public health, safety and welfare of said residents, performance requirements for commercial and industrial uses shall apply.
(A) Requirements. No proposed use in a B or M District shall be permitted that will create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely effect the surrounding area or adjoining premises. The following performance requirements shall apply to all proposed uses in the B and M Districts.
(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 such safety devices as are normally used in the handling of any such material.
(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 and vibration. No activity shall emit noise or vibration which is objectionable because of intermittence, beat, frequency or shrillness. Noise or vibration may equal but shall not exceed average street traffic noise or vibration on the nearest street bordering a non-commercial or non-industrial use. Noise or vibration resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.
(4) Smoke and air pollution. No establishment shall be permitted to emit into the air smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution except as permitted and approved by the Ohio EPA Division of Air Pollution Control.
(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) Glare. No direct or reflected glare shall be permitted which is visible from any property outside a B or M District or from any public street, road or highway.
(7) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(8) Surface water and ground water pollution. No use or construction of any improvement upon any premises shall be commenced or altered without first notifying the Planning Commission of the intended use, construction or alteration of use or construction, and without first obtaining the necessary permits of the exceptions from the state, Environmental Protection Agency, or other state or federal regulatory authority, including, but not limited to, industrial wastewater discharge permits to install under the Federal Water Pollution Control Act, as amended; the Atomic Energy Act of 1954, as amended; the Solid Waste Disposal Act, as amended; and other federal or state laws as they may affect surface water and ground water resources. Notwithstanding the fact that all permits have been obtained and all notification has been given pursuant to the immediately preceding subsection, any commercial or industrial entity shall further be prohibited from engaging in any or all of the following activities:
(a) On-site disposal and/or containment of domestic, industrial, commercial and animal wastes, not treated in accordance with EPA standards;
(b) The operation of animal feed lots, breeding and rearing pens;
(c) Burial of storage tanks; and
(d) Drilling of gas or oil or water wells, except those water wells required by federal, state or local governing bodies, including, but not limited to, EPA.
(9) Other hazards. Other hazards not specifically addressed by the performance standards established herein shall be made known to the Zoning Inspector by any establishment proposing to locate in a B or M District. Regulations for such hazards shall be as determined by the Planning Commission.
(B) Administration and enforcement provisions.
(1) All applications for zoning certificates shall be accompanied by certification from a professional engineer registered in the state that the proposed use can meet the performance standards set forth in division (A) of this section. The Zoning Inspector may waive all or part of this requirement when it is determined that the proposed use is not relevant to the performance standards.
(2) Methods and procedures for the determination of the existence of any dangerous and/or objectionable elements shall conform to the measurement standards of the Ohio EPA or other regulatory agency applicable to the situation being considered.
(3) The Zoning Inspector shall investigate any reported violation of the performance requirements. If the Zoning Inspector finds that a professional determination of the existence and nature of the violation is necessary, the services of an engineer or qualified professional may be authorized by the Village Council. The cost of such services incurred by the village in establishing a violation shall be paid by the violator if such violation is established. If no violation is established, the cost shall be borne by the village.
(Ord. O-38-2020, passed 12-14-2020)
Statutory reference:
Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq.
Federal Water Pollution Control Act (now the Clean Water Act), see R.C. § 33 and U.S.C. §§ 1251 et seq.
Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq.
§ 153.111 MINERAL EXTRACTION, STORAGE AND PROCESSING.
(A) Mineral extraction, storage or processing shall not be conducted closer than 500 feet from any R District, nor closer than 200 feet from any structure used for human occupancy in any other district.
(B) Buildings and structures associated with mineral extraction, storage or processing, for which no future use is documented by the operator shall be demolished and removed.
(C) Prior to the issuance of a zoning certificate, the operator of the proposed use shall file with the Zoning Inspector a plan providing the items required by § 153.167 and the following:
(1) A location map which clearly shows areas to be mined and the location of adjacent properties, roads and natural features;
(2) Information on the anticipated depth of excavations and probable effect on the existing water table, public utilities, roads and surface drainage; and
(3) A detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses or other improvements contemplated.
(D) The operator shall file with the Council a bond payable to the village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate, per acre of property to be mined, of the required bond shall be as fixed by ordinance of the Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
(E) When determined to be necessary for the protection of public safety, the Planning Commission may require fencing to be erected and maintained around the entire site or portions thereof.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.112 AUTOMOBILE WRECKING AND METAL SALVAGING.
(A) The dismantling, wrecking or salvaging of materials, including, but not limited to, automobiles, trucks, motor vehicles or heavy equipment for the sale or storage of the salvaged parts or material shall be permitted only in an M-2 District in accordance with § 153.040 and properly screened in accordance with this section.
(B) The dismantling, wrecking or salvaging operation shall be effectively screened from public view on all sides by means of walls, fences or plantings. Walls or fences shall be a minimum of eight feet in height with no 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 eight feet in height may be substituted. Storage of materials shall not exceed the height of the screening.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.113 TEMPORARY BUILDINGS.
Temporary buildings and construction trailers used in conjunction with construction work only may be permitted in any district during the period of construction work is in progress. Such temporary buildings shall be removed at such time that active construction ceases.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.114 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
(A) Screening required. The open storage and display of material and equipment incident to permitted or conditional uses in B or M Districts shall be permitted; provided the area used for open storage and display shall be effectively screened from all adjoining properties in any R District by means of walls, fences or 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 ten 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) Temporary storage. 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 and shall be removed at such time that active construction ceases.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.115 SITE PLAN REVIEW FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS.
(A) Planning Commission review required. Site plans for the development of commercial and industrial projects that include new construction as well as structural alterations as defined in this chapter, shall be submitted to the Commission for review and approval prior to the issuance of a zoning certificate. Submission of site plans for the development of commercial and industrial projects shall be acted upon within 60 days of the date of a complete submission to the Commission.
(B) Review criteria. The site plan review process is intended to help ensure that newly developed properties or redeveloped properties are compatible with adjacent development, and that safety, traffic and environmental impacts are minimized to the greatest extent possible. The Planning Commission shall use the following standards when reviewing the site plan.
(1) Commercial and industrial uses shall be designed to:
(a) Shift drive-up windows, loading docks and overhead doors on the opposite side from residential property;
(b) Locate parking facilities adjacent to residential property;
(c) Locate trash bins, dumpsters and storage areas away from residential property; and
(d) Locate office portions of a facility nearest to residential property.
(2) When multiple buildings are proposed for a coordinated development, required setbacks shall be maintained around the perimeter of the group of main buildings and the boundary of the parcel. No minimum distance between the group of main buildings is required; however, such intervening space shall allow for adequate circulation and emergency access around each building.
(3) Points of access or other means of vehicular ingress and egress shall be situated so as not to interfere with traffic flow and to provide safe and convenient access and to maintain adequate sight distances.
(4) Landscaping shall be designed to:
(a) Maintain existing mature trees and shrubs to the maximum extent possible;
(b) Screen unsightly activities from public view;
(c) Break up large expanses of pavement with plant material; and
(d) Provide an aesthetically pleasing landscaping design.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.116 ADULT BUSINESSES..
(A) Location. Subject to all other local and state laws, an adult business may be located only in accordance with the following restrictions:
(1) An adult business may only be located in an M District;
(2) No such business shall be located on any lot fronting on Wooster Avenue;
(3) No such business shall be located within 1,000 feet of any residentially-zoned district or any residentially-used lot, public library, private or public elementary or secondary school, public park, or place of worship; and
(4) No such business shall be located within 1,000 feet of another adult business.
(B) Measurement to property lines. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult business is conducted, to the nearest property line of the premises of a use set forth in division (A)(3) of this section.
(C) Measurement to other adult business. For the purpose of this section, measurement between two adult businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(D) Non-conforming status. An adult business lawfully operating as a conforming use is not rendered a non-conforming use by the subsequent location of a residentially-zoned district or any residentially-used lot, public library, private or public elementary or secondary school, public park, or place of worship within 1,000 feet of the adult business.
(E) Hours of operation. No adult business shall be open between the hours of 12:00 a.m. and 8:00 a.m.
(F) Signs and advertising. Advertising, signs or any other exhibit depicting adult entertainment activities shall be arranged or screened to prevent public viewing from outside the building or premises. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult use is permitted.
(G) Limitations. Nothing in this section shall be construed to prohibit or limit the display, sale, rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(Ord. O-38-2020, passed 12-14-2020)