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? • <br />? <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2006 - 128 <br />BY: Council Member Gareau <br />AN ORDINANCE CREATING NEW SECTION 763.02 OF CHAPTER 763 <br />(RETAIL BUSINESS REGULATIONS) OF THE BUSINESS REGULATION <br />CODE IN ORDER TO REDUCE OR ELIMINATE NUISANCE ODORS <br />EMANATING FROM PAINT SPRAYING OPERATIONS CONDUCTED <br />NEAR RESIDENTIAL NEIGHBORHOODS, AND DECLARING AN <br />EMERGENCY, AS AMENDED. <br />WHEREAS, the City Administration and members of this Council have received <br />nulnerous complaints from residents living near a certain vehicle repair establishment of noise <br />and odors emanating from the establishment into their residential neighborhood; and <br />WHEREAS, this Council finds that the keeping open of doors, including service bay <br />doors (overhead doors), at such vehicle repair establishments during spray painting operations <br />coiltriblites to the spread of nuisance odor into nearby residential neighborhoods; and <br />WHEKEAS, this Council fitrther finds that the uncontrolled dissemiilation of odors from <br />vehicle repair establishinents that conduct paint spraying operations into single family residential <br />ileighborhoods disrupts the peace and tranquility of such residential neighborhoods and creates a <br />public nuisance condition that the Council has power to abate through appropriate legislaoc?n; <br />and <br />WHEREAS, it is accordingly the desire of this Council to adopt new business reglilation <br />legislation tllat would require the owners, operators and tenants of vehicle repair establishinents <br />to conduct their spray painting operations within enclosed buildings with all doors to such <br />buildings, including service bay doors (overhead doors), closed at all times; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That there be and hereby is created new Section 763.02 in Chapter ?63 <br />(Retail Business Regulations) of the Business Regulation Code, which, as created, shall read in <br />its eiitirety as follows: <br />763.02 VEHICLE REPAIR ESTABLISHMENTS; CONTROI. OF NOISE AND <br />JDORS. <br />(a) For purposes of this section: <br />(1) "paint spraying operation" ineans the application of coats of paint, primer or <br />similar substances by aerosol spray, air compression or otherwise onto inotor <br />vehicles or parts of motor vehicles. The term includes, but is not limited to, the <br />operation of coinmercial paint booths. <br />(2) "residential lot line" means any lot line of any parcel of real property that is <br />zoned for single family, two family, or single family cluster use.