Fairborn City Zoning Code

CHAPTER 1122

Use Districts

1122.01 DISTRICT TRANSITION AND INTERPRETATION.

   (a)   District Transition. In some instances, the district nomenclature established in this code differs from previous versions of the Zoning Code. The table below identifies the previous districts relationship to the new districts in this code.

Table 1122-1: District Transition
Zoning Districts Prior to 12-7-17		Current Zoning District as of 12-7-17
AG	Agricultural	AG	Agricultural
RE	Residential Estate	SR   Suburban Residential UER   Urban Edge Residential CI    Civic Institutional
R-1	Single Family Residential
R-2	Single Family Residential
R-3	Two-Family Residential
R-4	Multi-Family Residential	MDR	Medium Density Residential
R-5	Manufactured Home Parks Dwelling	MHP	Manufactured Home Parks Dwelling
O-1	Office	PO	Professional Office
B-1   Neighborhood Commercial		NCTR   Neighborhood Center NC   Neighborhood Commercial CC   Community Commercial GC   General Commercial CI   Civic/Institutional DC   Downtown Commercial
B-2	Central Commercial	CI DC	Civic/Institutional Downtown Commercial
B-3	Highway Commercial	CC GC LI	Community Commercial General Commercial Light Industrial
I-R	Industrial Research	LI   Light Industrial
I-1	Limited Industrial
I-2	Heavy Industrial
No Previous Zoning District		C	Conservation Development
No Previous Zoning District		NCTR	Neighborhood Center
Planned Development Districts
PD-1	Planned Residential	PUD   Planned Unit Development
PD-2	Planned Commercial
PD-3	Planned Industrial
PD-4	Planned Mixed Use
Overlay Districts
WF	Well Field Protection Area	WF	Well Field Protection Area
WO	Wellhead Operation Overlay	WO	Wellhead Operation Overlay
Q	Quarry Overlay	AM   Agricultural and Mineral
Q-M	Quarry and Mining Overlay
M-3	Mining Overlay

   (b)   Interpretation. The following graphics depict the interpretation of lot development standards.

Table 1122-2: Typical Lot Development Standard Identification
Lot Area Dimensions
Lot Area
A. Lot Width
B. Lot Depth (Interior or Through Lot Only)
Setbacks
Principal	Accessory
C. Front Yard	F. Side Yard
D. Side Yard	G. Rear Yard
E. Rear Yard
Coverage
H. Maximum Lot Coverage
Maximum Height
I. Principal Building
J. Story
K. Accessory Building

 

Figure 1122-A: Illustrative example of lot development standards related to Table 1122-2.

 

(Ord. 34-17. Effective 12-7-17.)

1122.02 AG AGRICULTURAL.

   (a)   Purpose. The "AG" Agricultural District is intended to permit the preservation of relatively intensive agricultural operations within the City. Such district and the uses permitted shall provide a transition between urban and rural types of development.

   (b)   Lot Development Standards

Table 1122-3: Lot Development Standards for the AG Agricultural District
Lot Area Dimensions	Use	Standard
Lot Area	All	5 acres minimum
Lot Width	All	300 feet minimum
Setbacks
Principal
Front Yard	All	100 feet minimum
Side Yard	All	50 feet minimum for each yard
Rear Yard	All	50 feet minimum
Accessory
Front Principal Structure		10 feet minimum
Front Yard		Not permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	20%
Height
Principal Building	All	35 feet maximum
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the AG District

 

Agricultural

Agriculture

Agricultural Display Stand

Residential

Single Family Detached Dwelling

Institutional/Public/Semi-Public

Essential Public Services and Utilities

   (e)   Conditional Uses in the AG District

Agricultural

Extraction of Minerals

Residential

Bed and Breakfast Establishment

Institutional/Public/Semi-Public

Cemetery

Golf Course

Wireless Telecommunications Antenna, Facility, or Tower

Commercial/Service

Agritourism/Agribusiness

Commercial Stable and Riding Academy

Kennel

Retail Sales & Services less than 5,000 square feet

Winery/Distillery

(Ord. 34-17. Effective 12-7-17.)

1122.03 C CONSERVATION DEVELOPMENT.

   (a)   Purpose. The "C" Conservation Development district aims to preserve as much open space as possible, typically 50-70% of an original greenfield site. Dense single family or multi-family residential and any community facilities are reserved to smaller portions of the total site and the remaining land is communal and left undisturbed.

   (b)   Lot Development Standards.

Table 1122-4: Lot Development Standards for the C Conservation District
Lot Area Dimensions	Use	Standard
Lot Area	Non-Residential	5 acres minimum
	Residential	20,000 square feet maximum, not to exceed 2 dwelling units per acre. 50% gross site must remain open space.
Lot Width	Non-Residential	300 feet minimum
	Residential	100 feet minimum
Setbacks
Principal
Front Yard	Non-Residential	100 feet minimum
	Residential	10 feet minimum
Side Yard	Non-Residential	50 feet minimum for each yard
	Residential	10 feet minimum for each yard
Rear Yard	All	50 feet minimum
Accessory
From Principal Structure		10 feet minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	20% per individual lot or 50% gross maximum for conservation subdivision
Height
Principal Building	All	35 feet maximum
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less.

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the C District.

Agricultural

Agriculture

Agricultural Display Stand

Residential

Duplex

Fourplex

Multiple Family

Single Family Attached Dwelling

Single Family Detached Dwelling

Residential Care and Congregate Residential

Development Disability 1-5 Unrelated Persons

Development Disability 6-8 Unrelated Persons

Mental Health or Substance Abuse 1-5 Unrelated Persons

Institutional/Public/Semi-Public

Child Day Care Type A

Child Day Care Type B

Community Garden

Essential Public Services and Utilities

Park, Playground

   (e)   Conditional Uses in the C District

Agricultural

Extraction of Minerals

Residential

Bed and Breakfast Establishment

Institutional/Public/Semi-Public

Cemetery

Golf Course

Public Recreation and Community Center

School; Elementary and Secondary for Academic Instruction

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Commercial Stable and Riding Academy

Office, Business and Professional

Retail Sales & Services less than 5,000 square feet

(Ord. 34-17. Effective 12-7-17.)

1122.04 SR SUBURBAN RESIDENTIAL.

   (a)   Purpose. The "SR" Suburban Residential district is characterized by single family dwellings or duplexes situated on medium-sized lots with a gross density of 3-6 dwelling units per acre. Streets should include sidewalks and street trees, and be designed to promote a walkable environment with short blocks.

   (b)   Lot Development Standards.

Table 1122-5: Lot Development Standards for the SR Suburban Residential District
Lot Area Dimensions	Use	Standard
Lot Area Per Dwelling Unit	Duplex	7,500 square feet minimum
	Single Family	15,000 square feet minimum
	All Other Uses
Lot Width	Duplex	80 feet minimum
	Single Family	100 feet minimum
	All Other Uses
Setbacks
Principal
Front Yard	All	20 feet minimum
Side Yard	Duplex	6 feet minimum for each yard
	Single Family	10 feet minimum for each yard
	All Other Uses
Rear Yard	Duplex	30 feet minimum
	Single Family	50 feet minimum
	All Other Uses
Accessory
From Principal Structure	10 feet minimum
Front Yard	Not Permitted
Side Yard	3 feet minimum
Rear Yard	3 feet minimum
Size	25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All/Single Family	30%
	Duplex	40%
Height
Principal Building	All	35 feet maximum
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the SR District

Residential

Duplex

Single Family Detached Dwelling

Residential Care and Congregate Residential

Development Disability 1-5 Unrelated Persons

Development Disability 6-8 Unrelated Persons

Mental Health or Substance Abuse 1-5 Unrelated Persons

Institutional/Public/Semi-Public

Child Day Care Type A

Child Day Care Type B

Community Garden

Essential Public Services and Utilities

Park, Playground

Religious Places of Worship

   (e)   Conditional Uses in the SR District

 

Residential

Bed and Breakfast Establishment

Institutional/Public/Semi-Public

Public Recreation and Community Center

Public Safety Facility

School; Elementary and Secondary for Academic Instruction

Wireless Telecommunications Antenna, Facility or Tower

(Ord. 34-17. Effective 12-7-17.)

1122.05 UER URBAN EDGE RESIDENTIAL.

   (a)   Purpose. The "UER" Urban Edge Residential district represents the historic residential heart of Fairborn including a compact, walkable development type at a gross density between 5-10 dwelling units per acre with an emphasis on traditional architectural styles and materials.

   (b)   Lot Development Standards.

Table 1122-6: Lot Development Standards for the UER Urban Edge Residential District
Lot Area Dimensions	Use	Standard
Lot Area Per Dwelling Unit	Duplex	3,125 square feet minimum
	Multiple Family	2,000 square feet per one bedroom dwelling unit minimum plus 500 square feet for each additional bedroom
	Single Family	7,000 square feet minimum
	All Other Uses	7,000 square feet minimum
Lot Width	All	50 feet minimum
Setbacks
Principal
Front Yard	All	20 feet minimum
Side Yard	All	6 feet minimum for each yard; 15 feet minimum for total side yards
Rear Yard	All	50 feet minimum
Accessory
From Principal Structure	10 feet minimum
Front Yard	Not Permitted
Side Yard	3 feet minimum
Rear Yard	3 feet minimum
Size	25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	45%
Height
Principal Building	All	35 feet maximum
Accessory Building	20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the UER District

Residential

Duplex

Fourplex

Multiple Family

Single Family Attached Dwelling

Single Family Detached Dwelling

Residential Care and Congregate Residential

Development Disability 1-5 Unrelated Persons

Development Disability 6-8 Unrelated Persons

Mental Health or Substance Abuse 1-5 Unrelated Persons

Institutional/Public/Semi-Public

Child Day Care Type A

Child Day Care Type B

Community Garden

Essential Public Services and Utilities

Park, Playground

Religious Places of Worship

School, Elementary and Secondary for Academic Instruction

   (e)   Conditional Uses in the UER District

Residential

Bed and Breakfast Establishment

Residential Care and Congregate Residential

Development Disability 9-16 Unrelated Persons

Mental Health or Substance Abuse 6-16 Unrelated Persons

Institutional/Public/Semi-Public

Public Recreation and Community Center

Public Safety Facility

Wireless Telecommunication Antenna, Facility and/or Tower

(Ord. 34-17. Effective 12-7-17.)

1122.06 MDR MEDIUM DENSITY RESIDENTIAL.

   (a)   Purpose. The "MDR" Medium Density Residential district includes a range of housing options at a range of price points and styles, including condominiums, townhomes, row houses, and mid-rise multi-tenant buildings at an average gross density between 10-20 dwelling units per acre.

   (b)   Lot Development Standards.

Table 1122-7: Lot Development Standards for the MDR Medium Density Residential District
Lot Area Dimensions	Use	Standard
Lot Area Per Dwelling Unit	Duplex	3,125 square feet minimum
	Multiple Family	2,000 square feet per one bedroom dwelling unit minimum plus 500 square feet for each additional bedroom
	Single Family	6,000 square feet minimum
	All Other Uses
Lot Width	All Other Uses	50 feet minimum
	Multiple Family	150 feet minimum
Setbacks
Principal
Front Yard	All	20 feet minimum
Side Yard	All	6 feet minimum for each yard; 15 feet minimum for total side yards
Rear Yard	All	30 feet minimum
Accessory
From Principal Structure		10 feet minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	45%
Height
Principal Building	All	35 feet maximum
	Multiple Family	40 feet maximum
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the MDR District

Residential

Duplex

Fourplex

Multiple Family

Single Family Attached Dwelling

Residential Care and Congregate Residential

Development Disability 1-5 Unrelated Persons

Development Disability 6-8 Unrelated Persons

Mental Health or Substance Abuse 1-5 Unrelated Persons

Institutional/Public/Semi-Public

Child Day Care Type A

Child Day Care Type B

Community Garden

Essential Public Services and Utilities

Park, Playground

Religious Places of Worship

School, Elementary and Secondary for Academic Instruction

   (e)   Conditional Uses in the MDR District

Residential

Single Family Detached Dwelling

Residential Care and Congregate Residential

Assisted Living

Development Disability 9-16 Unrelated Persons

Elderly Care

Life or Continuing Care

Mental Health or Substance Abuse 6-16 Unrelated Persons

Other Not Listed as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Public Recreation and Community Center

Public Safety Facility

Wireless Telecommunication Antenna, Facility and/or Tower

(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)

1122.07 MHP MANUFACTURED HOME PARK (NO NEW DISTRICTS PERMITTED).

   (a)   Purpose. The "MHP" Manufactured Home Park district is intended to allow development of manufactured home parks on land identified as appropriate for moderate population residential use.

   (b)   Lot Development Standards

Table 1122-8: Lot Development Standards for the MHP Manufactured Home Park District
Lot Area Dimensions	Use	Standard
Lot Area	All	4,000 square feet minimum
Lot Width	All	40 feet minimum
Setbacks
Principal
Front Yard	All	5 feet minimum
Side Yard	All	5 feet minimum
Rear Yard	All	5 feet minimum
Accessory
From Principal Structure	10 feet minimum
Front Yard	Not Permitted
Side Yard	3 feet minimum
Rear Yard	3 feet minimum
Size	25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	50%
Height
Principal Building	All	35 feet maximum
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the MHP District

Residential

Duplex

Manufactured Home

Single Family Detached Dwelling

Residential Care and Congregate Residential

Development Disability 1-5 Unrelated Persons

Development Disability 6-8 Unrelated Persons

Mental Health or Substance Abuse 1-5 Unrelated Persons

Institutional/Public/Semi-Public

Child Day Care Type A

Child Day Care Type B

Community Garden

Essential Public Services and Utilities

Park, Playground

Religious Places of Worship

   (e)   Conditional Uses in the MHP District

 

Institutional/Public/Semi-Public

Public Recreation and Community Center

Public Safety Facility

School; Elementary and Secondary for Academic Instruction

Wireless Telecommunications Antenna, Facility or Tower

(Ord. 34-17. Effective 12-7-17.)

1122.08 CI CIVIC/INSTITUTIONAL.

   (a)   Purpose. The "CI" Civic/Institutional district is intended to accommodate public and semi-public uses. Buildings and land owned by government agencies, privately owned schools and universities, and the public school system are anticipated in this district. Such facilities should be well designed and integrated into their surroundings. Attractive landscaping, streetscape elements, and signage are expected to be used to integrate larger sites into the existing street network.

   (b)   Lot Development Standards

Table 1122-9: Lot Development Standards for the CI Civic/Institutional District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
	Residential	5,000 square feet minimum
Lot Width	All	None
Setbacks
Principal
Front Yard	All	None unless abutting a Residential District, then equal to the Residential District requirement for abutting structures
Side Yard	All	None unless abutting a Residential District, then equal to the Residential District requirement for abutting structures
Rear Yard	All	10 feet minimum
Accessory
From Principal Structure		10 feet minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	70% maximum
Height
Principal Building	All	50 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the CI District

Residential

Multiple Family Dwelling when on upper floors of a non-residential building

Residential Care and Congregate Residential

Assisted Living

Life or Continuing Care

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Park, Playground

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

School, College or University, Vocational and Technical, Trade or Business

School, Elementary and Secondary for Academic Instruction

   (e)   Conditional Uses in the CI District

Residential

Multiple Family Dwelling

Single Family Attached Dwelling

Residential Care and Congregate Residential

Nursing Home

Student Housing

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Emergency Care Facility

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Day Care Center

Food Truck Park

Medical or Dental Office or Clinic

Multiple Uses in one Building

(Ord. 34-17. Effective 12-7-17.)

1122.09 PO PROFESSIONAL OFFICE.

   (a)   Purpose. The "PO" Professional Office district should accommodate medium to large office buildings needing major collector or highway access and visibility. These developments should primarily serve large regional and national tenants.

   (b)   Lot Development Standards

Table 1122-10: Lot Development Standards for the PO Professional Office District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
Lot Width	All	None
Setbacks
Principal
Front Yard	All	15 feet maximum unless abutting a Residential District, then equal to the Residential District requirement for abutting structure.
Side Yard	All	None unless abutting a Residential District, then 5 feet minimum
Rear Yard	All	None unless abutting a Residential District, then 50 feet minimum
Accessory
From Principal Structure		10 feet minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	70% maximum
Height
Principal Building	All	50 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less.

 

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the PO District

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

School, College or University, Vocational and Technical, Trade or Business

School, Elementary and Secondary for Academic Instruction

Commercial/Service

Medical or Dental Office or Clinic

Office, Business and Professional

Studio or Meeting Facility less than 5,000 square feet

   (e)   Conditional Uses in the PO District

Residential Care and Congregate Residential

Assisted Living

Life or Continuing Care

Nursing Home

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Emergency Care Facility

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Day Care Center

Eating or Drinking Establishment Excluding Drive-In

Food Truck Park

Multiple Uses

Retail Sales & Services less than 5,000 square feet

Retail Sales & Services 5,000 to 49,999 square feet

Studio or Meeting Facility larger than 5,000 square feet

Industrial, Manufacturing and Processing

Laboratory or Research Establishment

(Ord. 34-17. Effective 12-7-17.)

1122.10 NCTR NEIGHBORHOOD CENTER.

   (a)   Purpose. The "NCTR" Neighborhood Center district incorporates a mixture of small- and medium-sized commercial and office uses, residential units, and retail uses, including shopping and dining, within a short walking distance of each other. Developments contribute public spaces such as plazas, pocket parks, and streetscape improvements and their structures should help define the character of a street. Multi-story, mixed use buildings will have non-residential uses on bottom floors.

   (b)   Lot Development Standards

Table 1122-11: Lot Development Standards for the NCTR Neighborhood Center District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
	Residential	1,000 square feet per unit minimum
Lot Width	All	None
Setbacks
Principal
Front Yard	All	0 to 10 feet Build To Line
Side Yard	All	None unless abutting a Residential District, then 5 feet minimum
Rear Yard	All	None unless abutting a Residential District, then a minimum of one foot setback for each two feet of building height
Accessory
From Principal Structure		10 feet minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	70% maximum
Height
Principal Building	All	50 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less.

 

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the NCTR District

Residential

Multiple Family Dwelling

Multiple Family Dwelling when on Upper Floors of Non-Residential Building

Single Family Attached Dwelling

Residential Care and Congregate Residential

Assisted Living

Elderly Care

Life or Continuing Care

Nursing Home

Patient Families

Student Housing

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

School, Elementary and Secondary for Academic Instruction

Commercial/Service

Animal Hospital/Veterinary Clinic - No Outdoor Run or Kennel

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Day Care Center

Eating or Drinking Establishment Excluding Drive-In

Financial Institution Excluding Drive-In Service

Medical or Dental Office or Clinic

Office, Business and Professional

Retail Sales & Services less than 5,000 square feet

Studio or Meeting Facility less than 5,000 square feet

   (e)   Conditional Uses in the NCTR District

Residential

Duplex Dwelling

Single Family Detached Dwelling

Institutional/Public/Semi-Public

Emergency Care Facility

Park/Playground

Wireless Telecommunications Antenna, Facility or Tower

Life or Continuing Care

Commercial/Service

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Student Housing

Distillery, Winery, Brewery where more than 30% of square feet is devoted to retail sales/taproom.

Drive-In and Drive Through Establishments

Eating or Drinking Establishment Including Drive-In

Food Truck Park

Funeral Home or Internment Service

Hotel

Medical Dispensary

Multiple Uses

Retail Sales & Services 5,000 to 49,999 square feet

Studio or Meeting Facility larger than 5,000 square feet

(Ord. 34-17. Effective 12-7-17.)

1122.11 DC DOWNTOWN COMMERCIAL.

   (a)   Purpose. The "DC" Downtown Commercial district is intended to serve as the historic mixed use town center. Downtown Commercial development should be compact, walkable, and vertical in scale and complement the adjacent development patterns. These uses are expected to serve the everyday needs of the nearby community.

   (b)   Lot Development Standards

Table 1122-12: Lot Development Standards for the DC Downtown Commercial District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
Lot Width	All	None
Setbacks
Principal
Front Yard	All	0 to 10 feet Build To Line
Side Yard	All	None unless abutting a Residential District, then 5 feet minimum
Rear Yard	All	None
Accessory
From Principal Structure		No minimum
Front Yard		Not Permitted
Side Yard		0 feet minimum to 5 feet maximum
Rear Yard		0 feet minimum
Size		60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	80% minimum to 100% maximum
Height
Principal Building	All	45 feet maximum or no higher than WPAFB Airport Zoning Regulations, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less
Building Frontage Buildout
Principal Building		85% minimum of lot width

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the DC District

Residential

Multiple Family Dwelling when on Upper Floors of Non-Residential Building

Residential Care and Congregate Residential

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

School, Elementary and Secondary for Academic Instruction

Commercial/Service

Animal Hospital/Veterinary Clinic - No Outdoor Run or Kennel

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Day Care Center

Distillery, Winery, Brewery where more than 30% of square feet is devoted to retail sales/taproom.

Eating or Drinking Establishment Excluding Drive-In

Financial Institution Excluding Drive-In Service

Funeral Home or Internment Service

Medical or Dental Office or Clinic

Office, Business and Professional

Retail Sales & Services less than 5,000 square feet

Studio or Meeting Facility less than 5,000 square feet

   (e)   Conditional Uses in the DC District

Residential

Fourplex Dwelling

Multiple Family Dwelling

Single Family Attached Dwelling

Single Family Detached Dwelling

Residential Care and Congregate Residential

Assisted Living

Nursing Home

Institutional/Public/Semi-Public

Emergency Care Facility

Park/Playground

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Drive-In and Drive Through Establishments

Eating or Drinking Establishment Including Drive-In

Financial Institution Including Drive-In Service

Food Truck Park

Hotel

Multiple Uses

Retail Sales & Services 5,000 to 49,999 square feet

Studio or Meeting Facility larger than 5,000 square feet

Vehicle Fuel Sales when Accessory to a Permitted Use

   (f)   Design Guidelines. The Downtown Commercial district is unique within the City of Fairborn with its existing older buildings and shallow building setbacks. It is envisioned to be a pedestrian-oriented, mixed use environment along an arterial roadway. The reuse of existing buildings, as well as redevelopment with new construction is expected to be designed to be pedestrian in scale to encourage historic character. The use of quality building materials will reinforce the character and viability of this area long term.

 

(1)   Lots.All lots shall have direct frontage to a street. (2)   Sidewalks. Sidewalks shall be provided along all streets in accordance with the applicable standards of Section 1128.30(o): Pedestrian Flow. (3)   Building Articulation.    A.   Horizontal and vertical articulation of buildings is required.    B.   For the first two stories, buildings will generally be designed with a change in building plane, stepping portions of facades in and out, utilizing balconies, windows, columns or similar architectural features that are distinctly set out from the façade, or changing types or colors of materials in combination with other techniques.    C.   Balconies may extend over the sidewalk provided that they maintain a minimum ten feet of clearance above the sidewalk and do not substantially interfere with street tree growth.    D.   All buildings will be designed and constructed with a distinct base, middle and top. An expression line, setback or other architectural element will delineate the base and top. In buildings which have more than one material, the "heavier" material will go below the "lighter" material (e.g. brick under painted plaster façade). (4)   Primary Entrances. Primary entrances to buildings shall be located on the street along which the building is oriented. At intersections, corner buildings may have the primary entrance oriented at an angle to the intersection.

       (5)   Ground Floors.

         A.   Buildings shall have a minimum of 50% of the ground floor façade, both horizontally and vertically, comprised of window area. Ground floor is defined as that portion of a building from the street-level finish floor elevation and extended twelve feet above the street-level finish floor elevation.

         B.   All primary entries should be covered with awnings, canopies, or be inset behind the front façade a minimum six feet. A door shall not be permitted to swing into a public right-of-way or sidewalk area.

         C.   Blank facades where visible from the public right of way are prohibited in lengths greater than ten linear feet. Design treatments to eliminate blank facades are required to enhance the pedestrian and visual environment and can include items such as transparent windows and doors, display windows and/or awnings.

      (6)   Wall Materials. Each exterior wall visible from the public right of way shall comply with the following materials requirements:

         A.   Primary Materials. A minimum of 75% or more of each exterior wall shall be comprised of the following materials.

            i.   Masonry (excluding cinder block)

            ii.   Stone

            iii.   Ventilated façade systems (above ground floor only)

         B.   Secondary Materials. A maximum of 25% of materials shall be comprised of the following materials.

            i.   Wood

            ii.   Cement Board

            iii.   Glass (excluding mirrored glass which is not permitted)

         C.   Accent Materials (<10%)

            i.   Pre-cast stone

            ii.   Metal Accents

            iii.   Other as permitted by the building code and subject to Zoning Administrator approval.

      (7)   Windows. Windows should establish a scale and rhythm of the streetscape for pedestrians controlled by the placement, type and sizes of windows. Windows are expected to allow for goods and customers to be viewed, creating interaction between the building and public realm.

         A.   First floor windows must have a minimum 70% visible light transmittance/transparency.

         B.   Mirrored and black glass is prohibited.

         C.   At the street level, windows shall not be made opaque by excessive signage or other application treatments.

      (8)   Doors.

         A.   Doors may be constructed of wood, clad wood, anodized aluminum, glass, or steel.

         B.   Doors are expected to have a minimum of 50% transparency.

         C.   Service, security, or garage doors shall not be located along the street frontage façade.

      (9)   Roofs.

         A.   Flat roofs are preferred in order to continue the historic development character.

         B.   Cornices must be provided for flat roofs.

         C.   Other roof types may be acceptable as permitted by the building code and subject to Zoning Administrator approval.

       (10)   Awnings, Marquees and Canopies

         A.   Permitted materials include metal, canvas, or glass and shall relate to the overall architectural character of the building.

         B.   Awnings, marquees, and canopies shall have a minimum clearance of 8 feet above the sidewalk.

      (11)   Outdoor Seating. Outdoor seating areas along the sidewalk are allowed, and may be partially enclosed. Outdoor seating areas:

         A.   Are allowed as an accessory use/structure only and shall be architecturally consistent with the primary building it is serving;

         B.   Shall not encroach into a minimum required sidewalk area as established in Section 1128.30(o): Pedestrian Flow;

         C.   May be enclosed by a perimeter fence and/or wall which shall be constructed of tubular steel, masonry and/or a combination thereof, and shall not exceed 36 inches in height with a maximum opacity of 40%;

         D.   Shall comply with building and fire codes;

         E.   Shall be maintained in good condition free from damage; and

         F.   Shall be subject to review and approval by the Zoning Administrator.

      (12)   Parking. In order to promote a compact and pedestrian friendly environment:

         A.   Off-street parking requirements identified in Chapter 1130: Parking and Loading, can be reduced by up to 75%.

         B.   On-street spaces located on the same block face of the lot may count towards required parking space requirements at a 1:1 ratio.

         C.   Parking spaces in municipally owned/operated lots in this district, regardless of distance to the lot, may count towards the required parking space requirements at a 1:2 ratio.

         D.   Off-street parking shall be located at the rear of the primary building and screened from the public right-of-way through a wall, hedge, decorative fence or similar type screen no higher than 36 inches.

         E.   Limited parking may be permitted in a side yard upon approval by the Zoning Administrator if it does not significantly reduce building frontage along the street front.

         F.   If a lot is to be used entirely for off-street parking, it shall be accessible to the general public.

 

      (13)   Signage. Signage is expected to be in scale with a pedestrian environment with exterior illumination. Sign types are as permitted in Chapter 1131: Signs.

   (g)   Streetscape Standards. Streetscape Standards provide for a cohesive streetscape along block faces in the downtown area, emphasizing the public realm with a consistent design theme and enhancing the physical relationship between buildings and their adjacent streets.

      (1)   Right-of-Way Encroachment. Any encroachment into the public right-of-way shall require approval by the City Manager.

      (2)   Pedestrian Amenities

         A.   The property owner is expected to provide and maintain a minimum of one of the following pedestrian amenities to enhance the pedestrian realm:

            i.   Sidewalk planters;

            ii.   Outdoor seating or benches;

            iii.   Mini park/plaza with a minimum of 100 square feet of usable area;

            iv.   Public art such as sculpture, fountain, clock or mural integrated into the design of the building; or

            v.   Rack to secure bicycles.

         B.   Sidewalk planters and benches are expected to conform to the general designs identified in this section which are consistent with the public improvements made by the City of Fairborn in the public right-of-way.

 

(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)

1122.12 NC NEIGHBORHOOD COMMERCIAL.

   (a)   Purpose. The "NC" Neighborhood Commercial district is intended to serve residents in close proximity with a lower intensity commercial product. Neighborhood Commercial development should be small in scale and complement the adjacent development patterns nearby. These uses should serve the everyday needs of the nearby community.

   (b)   Lot Development Standards

Table 1122-13: Lot Development Standards for the NC Neighborhood Commercial District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
Lot Width	All	None
Setbacks
Principal
Front Yard	All	15 feet minimum or equal to the surrounding Residential District
Side Yard	All	None unless abutting a Residential District, then 5 feet minimum
Rear Yard	All	10 feet minimum
Accessory
From Principal Structure		No minimum
Front Yard		Not Permitted
Side Yard		0 feet minimum to 5 feet maximum
Rear Yard		0 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	70% maximum
Height
Principal Building	All	35 feet maximum or no higher thanWPAFB Airport Zoning Regulation, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the NC District

Residential Care and Congregate Residential

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

School, Elementary and Secondary for Academic Instruction

Commercial/Service

Animal Hospital/Veterinary Clinic - No Outdoor Run or Kennel

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Day Care Center

Eating or Drinking Establishment Excluding Drive-In

Financial Institution Excluding Drive-In Service

Funeral Home or Internment Service

Medical or Dental Office or Clinic

Office, Business and Professional

Retail Sales and Service less than 5,000 square feet

Studio or Meeting Facility less than 5,000 square feet

   (e)   Conditional Uses in the NC District

Residential

Multiple Family Dwelling when on Upper Floors of Non-Residential Building

Residential Care and Congregate Residential

Assisted Living

Life or Continuing Care

Nursing Home

Institutional/Public/Semi-Public

Emergency Care Facility

Park/Playground

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Distillery, Winery, Brewery where more than 30% of square feet is devoted to retail sales/taproom.

Drive-In and Drive Through Establishments

Food Truck Park

Medical Dispensary

Multiple Uses

Retail Sales and Service 5,000 to 49,999 square feet

Studio or Meeting Facility larger than 5,000 square feet

Vehicle Fuel Sales when Accessory to a Permitted Use

(Ord. 34-17. Effective 12-7-17.)

1122.13 CC COMMUNITY COMMERCIAL.

   (a)   Purpose. The "CC" Community Commercial district is intended for small to medium scale commercial uses adjacent to primary arterials that serve the larger area. Uses in this area must be well suited for vehicular and pedestrian connections. Buildings must be well designed and have distinct architectural character. High quality landscaping and streetscape elements are very important in this area and will define the overall character.

   (b)   Lot Development Standards.

Table 1122-14: Lot Development Standards for the CC Community Commercial District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
Lot Width	All	None
Setbacks
Principal
Front Yard	All	None
Side Yard	All	None unless abutting a Residential District, then 5 feet minimum
Rear Yard	All	None unless abutting a Residential District, then 20 foot minimum
Accessory
From Principal Structure		No minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	70% maximum
Height
Principal Building	All	35 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the CC District

Residential Care and Congregate Residential

Assisted Living

Life or Continuing Care

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

Commercial/Service

Animal Hospital/Veterinary Clinic - No Outdoor Run or Kennel

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Day Care Center

Distillery, Winery, Brewery where more than 30% of square feet is devoted to retail sales/taproom.

Eating or Drinking Establishment Excluding Drive-In

Financial Institution Excluding Drive-In Service

Funeral Home or Internment Service

Medical or Dental Office or Clinic

Office, Business and Professional

Retail Sales & Services less than 5,000 square feet

Studio or Meeting Facility less than 5,000 square feet

   (e)   Conditional Uses in the CC District

Residential

Bed and Breakfast Establishment

Multiple Family Dwelling when on Upper Floors of Non-Residential Building

Residential Care and Congregate Residential

Nursing Home

Institutional/Public/Semi-Public

Emergency Care Facility

Park/Playground

School, College or University, Vocational and Technical, Trade or Business, containing more than 50 students

School, Elementary and Secondary for Academic Instruction

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Animal Hospital, Veterinary Clinic - With Outdoor Run or Kennel

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Drive-In and Drive Through Establishments

Food Truck Park

Hotel

Medical Dispensary

Multiple Uses

Retail Sales & Services 5,000 to 49,999 square feet

Studio or Meeting Facility larger than 5,000 square feet

Vehicle Fuel Sales when Accessory to a Permitted Use

Vehicle Service and Repair Facility

Vehicle Wash Facility

(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)

1122.14 GC GENERAL COMMERCIAL.

   (a)   Purpose. The "GC" General Commercial district is intended to include highway-oriented businesses. Uses in this area must be well connected via auto and pedestrian connections. Buildings must be well designed and have distinct architectural character. High quality landscaping and streetscape elements are very important in this area and will define the gateway into the district. Buildings should be limited to 120,000 square feet in size.

   (b)   Lot Development Standards.

Table 1122-15: Lot Development Standards for the GC General Commercial District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
Lot Width	All	90 feet minimum
Setbacks
Principal
Front Yard	All	20 feet minimum
Side Yard	All	None unless abutting a Residential District, then 5 feet minimum
Rear Yard	All	None
Accessory
From Principal Structure		10 feet minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	70% maximum
Height
Principal Building	All	35 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less
Accessory Building		20 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations

   (d)   Permitted Uses in the GC District

Residential Care and Congregate Residential

Assisted Living

Life or Continuing Care

Other Groups Not Listed, as Approved by the Zoning Administrator

Institutional/Public/Semi-Public

Club, Fraternal, Lodge Meeting Hall

Cultural Institution

Essential Public Services and Utilities

Government Office Building

Hospital

Public Recreation and Community Center

Public Safety Facility

Religious Places of Worship

Commercial/Service

Animal Hospital/Veterinary Clinic - No Outdoor Run or Kennel

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Day Care Center

Distillery/Winery

Drive-In and Drive Through Establishments

Eating or Drinking Establishment

Financial Institution

Funeral Home or Internment Service

Hotel

Medical or Dental Office or Clinic

Microbrewery

Office, Business and Professional

Retail Sales & Services

Studio or Meeting Facility

Vehicle Fuel Sales when Accessory to a Permitted Use

Vehicle Sales, Rental and Lease Excluding Body Work

Other Groups Not Listed, as Approved by the Zoning Administrator

   (e)   Conditional Uses in the GC District

Residential Care and Congregate Residential

Nursing Home

Institutional/Public/Semi-Public

Emergency Care Facility

Park/Playground

Public Works/Maintenance Facility

School, College or University, Vocational and Technical, Trade or Business

Essential Public Services and Utilities

School, Elementary and Secondary for Academic Instruction

Hospital

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Animal Hospital, Veterinary Clinic - With Outdoor Run or Kennel

Building Materials and Hardware

Commercial and Industrial Equipment and Machinery Sales, Rental, Leasing and Repair

Distillery/Winery

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Food Truck Park

Hotel

Kennel

Medical Dispensary

Multiple Uses

Vehicle Service and Repair Facility

Vehicle Wash Facility

Industrial, Manufacturing and Processing

Laboratory or Research Establishment

(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)

1122.15 LI LIGHT INDUSTRIAL.

   (a)   Purpose. The "LI" Light Industrial district includes small to mid-sized warehouses and manufacturing uses that generate limited amounts of noise and pollutants, if any at all. Development in this area is encouraged primarily for light industrial users, but may integrate some office uses and open space.

   (b)   Lot Development Standards

Table 1122-16: Lot Development Standards for the LI Light Industrial District
Lot Area Dimensions	Use	Standard
Lot Area	All	None
Lot Width	All	None
Setbacks
Principal
Front Yard	All	30 feet minimum
Side Yard	All	25 feet minimum 150 feet minimum from any Residential District 50 feet minimum from any other Non- Industrial District
Rear Yard	All	25 feet minimum 150 feet minimum from any Residential District 50 feet minimum from any other Non- Industrial District
Accessory
From Principal Structure		No minimum
Front Yard		Not Permitted
Side Yard		3 feet minimum
Rear Yard		3 feet minimum
Size		25% maximum rear yard coverage and 60% maximum square feet of principal structure footprint
Coverage
Maximum Lot Coverage	All	90% maximum
Height
Principal Building	All	50 feet maximum or no higher than WPAFB Airport Zoning Regulation whichever is less
Accessory Building		25 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the LI District

Institutional/Public/Semi-Public

Essential Public Services and Utilities

Government Office Building

Hospital

Public Safety Facility

Public Works/Maintenance Facility

School, College or University, Vocational and Technical, Trade or Business

Commercial/Service

Animal Hospital/Veterinary Clinic - With Outdoor Run or Kennel

Building Materials and Hardware

Commercial and Industrial Equipment and Machinery Sales, Rental, Leasing and Repair

Distillery/Winery

Drive-In and Drive Through Establishments

Microbrewery

Vehicle Body Shop

Vehicle Fuel Sales

Vehicle Fuel Sales when Accessory to a Permitted Use

Vehicle Sales, Rental and Lease Excluding Body Work

Vehicle Service and Repair Facility

Vehicle Wash Facility

Industrial, Manufacturing and Processing

Construction, Drilling and Mining Technology

Laboratory or Research Establishment

Manufacturing, Artisan

Manufacturing, General

Multiple Uses

Warehousing

Wholesale and Distribution

   (e)   Conditional Uses in the LI District

Institutional/Public/Semi-Public

Park/Playground

Public Works/Maintenance Facility

Wireless Telecommunications Antenna, Facility or Tower

Commercial/Service

Adult Uses

Commercial Entertainment, Recreation - Indoor Excluding Adult Uses

Commercial Entertainment, Recreation - Outdoor Excluding Adult Uses

Day Care Center

Kennel

Office, Business and Professional

Studio or Meeting Facility

Vehicle Body Shop

Industrial, Manufacturing and Processing

Manufacturing, High Intensity

Oil and Gas Storage

Outdoor Storage

Warehousing, Personal Storage/Mini

Wrecking, Junk and Salvage Yard

(Ord. 34-17. Effective 12-7-17.)

1122.16 AM AGRICULTURAL AND MINERAL.

   (a)   Purpose. The "AM" Agricultural and Mineral District is intended to permit agricultural and mining, extraction, storage, sales and processing of minerals as a matter of right where a property owner owns more than 500 contiguous acres of land, whether separated by a road or highway owned in fee or by easement by a governmental entity or not, is able to meet the criteria below and provides buffer areas by way of setbacks, mounding or screening from adjoining non-compatible uses on property not owned by the owner.

   (b)   Lot Development Standards

Table 1122-17: Lot Development Standards for the AM Agricultural and Mineral District
Lot Area Dimensions	Use	Standard
Lot Area	All	500 acres minimum
Lot Width	All	None
Setbacks
Principal
Front Yard	All	None
Side Yard	All	None unless abutting a Residential District, then 100 feet minimum
Rear Yard	All	None unless abutting a Residential District, then 100 feet minimum
Accessory
From Principal Structure		Not applicable
Front Yard		Not applicable
Side Yard		100 feet minimum
Rear Yard		100 feet minimum
Size		Not applicable
Coverage
Maximum Lot Coverage	All	Not applicable
Height
Principal Building	All	50 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less 1 additional foot of height may be added for each 3 feet of additional setback
Accessory Building		25 feet maximum or no taller than principal structure, whichever is less

   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.

   (d)   Permitted Uses in the AM District

Agricultural

Agricultural

Agricultural Display Stand

Extraction of Minerals

Institutional/Public/Semi-Public

Essential Public Services and Utilities

Park, Playground

Public Recreation and Community Center

   (e)   Conditional Uses in the AM District

 

Institutional/Public/Semi-Public

Golf Course

Government Office Building

Public Works/Maintenance Facility

Wireless Telecommunications Antenna, Facility and/or Tower

Essential Public Services and Utilities

(Ord. 34-17. Effective 12-7-17.)

   (f)    Lot Area, Height and Yard Requirement.

      (1)   Lot area, height and yard requirements for uses set out in Section 1131.02 shall be those requirements set out in Section 1131.05.

      (2)    The following requirements shall be observed for Mineral Extraction:

         A.   Maximum height: 50 feet, provided however, an additional one (1) foot in height shall be added to the maximum height for each additional three (3) feet of building setback the structure is setback from the property line.

         B.   Minimum lot area: 500 contiguous acres.

         C.   Side yard: 100 feet to an existing residentially zoned district.

         D.   No excavations shall be made within fifty (50) feet of the right of way of a public highway.

         E.   All significant additions to mineral processing plants and new mineral processing plants shall employ, as far as practical, the best available technology to minimize objectionable elements or conditions which may affect the adjacent properties not owned by the owner of the quarry. Operations of all equipment shall comply with industry standards. Buildings and structures designed and constructed exclusively for Mineral Extraction or processing for which no future use is contemplated and no other adopted uses are practical shall be demolished and removed within three years after all mining operations and/or processing is completed.

         F.   Screening. When the floor of a quarry is greater than five (5) feet below the average elevation of an adjacent public street or adjacent private property not owned by the owner of the quarry, the quarry property boundary adjacent to such street or property shall be completely enclosed by an earthen mound of not less than six (6) feet in height to provide visual and noise barrier from such activity or screened by an opaque fence of not less than six (6) feet in height or a combination.

         G.   Noise. Impulsive noise: when measured at any public street or private property line, the maximum instantaneous sound intensity resulting from any blasting shall not exceed 125 decibels when measured on a sound meter or at the maximum amount that is allowed by state or federal law, whichever is less. Sounds generated or emitted by government required safety devices (such as back up alarms) and sounds generated incidental to construction of barriers or mounds are exceptions from the sound limits.

         H.   Dust. All equipment used in quarrying and processing operations shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable, dust which would be a nuisance. Trucks shall not track excessive dust onto public rights-of-way. Any foreign material tracked on the public highway will be cleaned up by the owner/operator within a reasonable time. All roads and access ways located within the mineral extraction property shall comply with dust emission standards of the Ohio EPA.

         I.   Lateral Support. To ensure lateral support, all excavations shall be located at least 50 feet from all public rights-of-way or waters or 100 feet from adjacent property not owned by the owner of the quarry. When quarrying activities are completed, they shall be backfilled and reclaimed as required by the Ohio Department of Natural Resources.

         J.   Depth: Mineral Extraction to a depth not exceeding six feet may be conducted not closer than one hundred feet of any existing residential district, provided the operation is conducted over a temporary period not to exceed twelve (12) months and no blasting is used in the extraction process. Mineral extraction to a depth exceeding six (6) feet may be conducted not closer than 150 feet of any existing residentially occupied building not owned by the landowners. All other mineral extraction activities utilizing blasting may be conducted not closer than 250 feet from any existing occupied residential structure.

         K.   Blasting. Blasting is permitted within the district in accordance with all rules and regulations promulgated by the United States Department of Homeland Security, United States Bureau of Alcohol, Tobacco and Firearms, and Ohio Department of Transportation and the Ohio Department of Natural Resources related to the use, storage and transportation of explosive materials. The applicant/operator shall maintain complete records on all blasting operations and comply with all state and federal laws and regulations.

         L.   Notice of Mining and Mineral Extraction Activity. At least sixty (60) days prior to commencement of Mineral Extraction, the property owner will provide a Notice of Mining and Mineral Extraction Activity with the Zoning Administrator which contains the following:

            1.   The name and address of the operator.

            2.   The name and address of the property owner, surface owner, or mineral rights owner if different from the operator.

            3.   The types of materials or minerals to be extracted and the method for such extraction.

            4.   A statement as to the nature of the use of any public rights-of-way for the movement of materials to and from the quarry property.

            5.   A copy of the Ohio Department of Natural Resources application filed by the owner/operator requesting a new or continued surface mining permit with its attachments.

            6.   In the event the Zoning Administrator finds, upon review of the notice, that the Notice of Mining and Mineral Extraction Activity complies with the above, the use shall be approved and the Zoning Administrator shall issue a certificate of zoning compliance to the owner/operator within fourteen (14) days. Mineral extraction may commence in accordance with such approval.

            7.   In the event the Zoning Administrator (or in the absence or disability, the Development Services Director acting in the capacity as temporary or acting Zoning Administrator) finds, upon review of the Notice, that the Notice of Mining and Mineral Extraction Activity does not comply with the provisions above, the use shall be deemed disapproved and mineral extraction shall not begin on the property. In the event the use is disapproved by the administrative decision of the Zoning Administrator, the Zoning Administrator shall provide written notice to the applicant within three (3) days of the decision of the denial. Upon receipt of the denial, in whole or in part, the applicant shall have the right to appeal such disapproval to the Board of Zoning Appeals within thirty (30) days. The Board of Zoning Appeals shall review such Notice and decision in accordance with the rules of the board. Further appeal of the denial by the Board of Zoning Appeals may be taken by the owner to City Council, then to the Greene County Court of Common Pleas.

   (g)   Conflicts.

      (1)   To the extent the state or federal laws set standards on a specific subject, such standards control over conflicting sections of the chapter.

   (h)   Bond.

      (1)    The owner/applicant will provide the Zoning Administrator with a copy of the bond posted with the Ohio Department of Natural Resources in connection with its mining permit with the city named as an additional insured.

   

   (i)    Mineral Extraction.

      (1)    "Mineral Extraction" means the quarrying and extraction of minerals from the ground, and the storage, processing and sales of minerals, aggregates, sand, limestone, stone, gravel, clary, overburden, topsoil and other minerals; provided however, mineral extraction shall not include extraction of oil and gas. (Ord. 21-19. Passed 4-1-19.)

1122.17 WO WELLHEAD OPERATION.

   (a)   Purpose. It is the purpose of the "WO" Wellhead Operation District to safeguard the public health, safety and welfare of the customers of protected public water supplies and to protect the community's potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined in Chapter 1133: Definitions. This district shall be shown on the City Zoning Map at the location of any existing or proposed public wells.

   (b)   Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the City to make a determination of the applicability of this chapter as it pertains to the property and/or business and failure to do so shall not excuse any violations of this chapter.

   (c)   Permitted Uses in the WO District

 

Institutional/Public/Semi-Public

Essential Public Services and Utilities

   (d)   Conditional Uses in the WO District

 

Institutional/Public/Semi-Public

Park, Playground

Public Recreation and Community Center

Wireless Telecommunications Antenna, Facility and/or Tower

   (e)   Standards. Within the "WO" Wellhead Operation District, the following standards shall apply:

      (1)   Use and/or storage of regulated substances in conjunction with public water supply and treatment activities shall not be restricted by this subsection.

      (2)   Use of regulated substances in conjunction with public parks, playgrounds, and community centers shall be in accordance with the City's management plan for maintenance of sensitive areas.

      (3)   Use of regulated substances in conjunction with conditional uses in this district shall be limited to:

         A.   The aggregate of regulated substances in use may not exceed twenty gallons or 160 pounds at any time.

         B.   The total use of regulated substances may not exceed fifty gallons or 400 pounds in any twelve month period.

      (4)   A limited exclusion from the provisions of subsection (3) hereof is authorized for non-routine maintenance or repair of property or equipment. The use of regulated substances under this exclusion shall be limited to:

         A.   The aggregate of regulated substances in use may not exceed fifty gallons or 400 pounds at any time.

         B.   The total use of regulated substances may not exceed 100 gallons or 800 pounds in any twelve month period.

      (5)   Underground storage of fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district shall be in tanks placed above the floor surface of a below grade vault. Such vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.

      (6)   Notwithstanding other provisions of this chapter, nonconforming uses in this district presently utilizing underground storage tanks for fuel and lubricants for vehicle operations shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (5) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than fuel and lubricants for vehicle operations is not permitted.

      (7)   Storage of regulated substances other than fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district is prohibited.

      (8)   As part of the findings required under Chapter 1132: Administration, Process and Procedures, prior to issuance of a Certificate of Zoning Compliance, the City Manager or his authorized designee shall utilize the hazard potential ranking system, identified in Section 1122.18(i): Hazard Potential Ranking System, to assist in the determination of intensity of use within this district. No substitutions of a nonconforming use shall be permitted which result in an increase of the hazard potential ranking on a parcel within this district.

      (9)   All uses within this district shall be connected to the public wastewater disposal system within a three year period from the effective date of this section or have a wastewater disposal system approved by the Greene County Combined General Health District.

         (Ord. 34-17. Effective 12-7-17.)

1122.18 WP WELL FIELD PROTECTION OVERLAY DISTRICT.

   (a)   Purpose. It is the purpose of the "WP" Well Field Protection Overlay District to safeguard the public health, safety and welfare of the customers of protected public water supplies and to protect the community's potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined in Chapter 1133: Definitions. The areal extent of the overlay district is described as the land area within the City that lies within the five year Time-of-Travel Zone (Inner Management Zone and Wellhead Protection Area) adjacent to existing and proposed public wells of a protected public water supply.

   (b)   Applicability to Underlying Zoning Districts. The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the "WP" Well Field Protection Overlay District on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this chapter are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

   (c)   Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the City to make a determination of the applicability of this chapter as it pertains to the property and/or business, and failure to do so shall not excuse any violations of this chapter.

   (d)   Permitted Uses, Bulk and Yard Regulations. The permitted uses, bulk and yard regulations within the WP Well Field Protection Overlay District shall be those of the underlying zoning district, except as specified in 1122.18(g): Prohibited Uses.

   (e)   Conditional Uses. The requirements of this section shall be in addition to any applicable regulations found elsewhere within the Zoning Code.

      (1)   The conditional uses within the "WP" Well Field Protection Overlay District shall be those of the underlying zoning district, except as specified in 1122.18(e)(2) and 1122.18(g): Prohibited Uses.

      (2)   When listed as a permitted or conditional use within the underlying zoning district, the excavation, extraction, mining or processing of sand, gravel and minerals from the earth for resale shall remain as conditional uses in the "WP" Well Field Protection Overlay District subject to Planning Board approval of an excavation and facilities plan that includes, but is not limited to:

         A.   An existing site plan with topographic detail at two foot contour intervals, all planimetric information, depth to groundwater and flood plain characteristics where applicable;

         B.   The proposed extent and depth of excavations;

         C.   Slope angle of excavation walls (any final slopes shall be at the angle of repose for the remaining material);

         D.   Use and disposition of the spoil and/or overburden materials from the excavations including a landscaping and vegetation plan to stabilize any disturbed material;

         E.   Surface drainage plan:

            i.   Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from off-site waterborne regulated substances.

            ii.   The final on-site grading shall minimize all surface drainage into the excavations;

            iii.   A post-excavation and operation land use plan; and

            iv.   A security plan (unauthorized access shall be strictly prohibited as long as any excavations remain on site).

   (f)   Accessory Use and Buildings. Accessory uses, buildings or structures customarily incident to a principal permitted use or a conditionally permitted use within the "WP" Well Field Protection Overlay District shall be those of the underlying zoning district.

   (g)   Prohibited Uses. Sanitary landfills, dry wells, landfills comprised of demolition debris or other non-approved matter, and junkyards are prohibited within the "WP" Well Field Protection Overlay District.

   (h)   Groundwater Protection Standards.

      (1)   Use, storage, handling and/or production of regulated substances in conjunction with permitted and conditional uses in this district shall be limited to:

         A.   Aggregate of regulated substances. The aggregate of regulated substances in use, storage, handling and/or production may not exceed twenty gallons or 160 pounds at any time.

         B.   Total use of regulated substances. The total use, storage, handling and/or production of regulated substances may not exceed fifty gallons or 400 pounds in any twelve month period.

      (2)   A limited exclusion from the provisions of subsection (a) hereof is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited to:

         A.   The aggregate of regulated substances in use, storage, handling and/or production may not exceed fifty gallons or 400 pounds at any time.

         B.   The total use, storage, handling and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any twelve month period.

         C.   The application of U.S.E.P.A. approved agricultural chemicals by licensed personnel using U.S.E.P.A. best recommended practices. Below ground applications in excess of 100 gallons or 800 pounds in any twelve month period shall require seventy-two hour prior notice to the City Manager or his authorized designee.

      (3)   A limited exclusion from the provisions of subsection (a) hereof is authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or forty pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

      (4)   A limited exclusion from the provisions of subsection (a) hereof is authorized for regulated substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

      (5)   A limited exclusion from the provisions of subsection (a) hereof is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency (EPA) or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals either stored on-site or brought in from other locations from the inventory, spill reporting and underground storage tank protection requirements of the "WP" Well Field Protection Overlay District.

      (6)   With the exception of residential use of heating fuels in tanks having a capacity equal to or less than 500 gallons, the underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted and conditional uses in this district shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the City Manager or his designee.

      (7)   Notwithstanding other provisions of this chapter, nonconforming uses in this District presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or process heating shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (f) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than the above noted fuels and lubricants is not permitted.

      (8)   As part of the findings required under Chapter 1132: Administration, Process and Procedures, prior to issuance of a Certificate of Zoning Compliance or Certificate of Occupancy, the City Manager or his authorized designee shall utilize the hazard potential ranking system in 1122.18(i) to assist in the determination of intensity of use within this district. No substitutions of a nonconforming use shall be permitted which result in an increase of the hazard potential ranking on a parcel within this District. If the quantities of regulated substances initially exceed the deminimis quantities above, they shall be considered legally nonconforming. Such legally nonconforming quantities cannot be increased.

   (i)   Hazard Potential Ranking System.

      (1)   In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors.

      (2)   The table on the following page lists the site hazard potential by land use activity (source) on a scale of one to nine, with one being a low hazard and nine a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly used or stored on the site or the types and amounts of wastes commonly discharged.

Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source
SIC Number	Description of Waste Source	Hazard Potential Initial Ranking
01	Agricultural Production - Crops	1 - 2
02	Agricultural Production - Livestock
	021 Livestock, except Dairy, Poultry and Animal Specialties	(5 for feedlots)
	024 Dairy Farms	4
	025 Poultry and Eggs	4
	027 Animal Specialties	2 - 4
	029 General Farms, Primarily Livestock	2
10	Metal Mining
	101 Iron Ores	4
	102 Copper Ores	6
	103 Lead and Zinc Ores	5
	104 Gold and Silver Ores	6
	105 Bauxite and Other Aluminum Ores	5
	106 Ferroalloy Ores except Vanadium	5
	108 Metal Ores Not Elsewhere Classified	5
	1092 Mercury Ore	6
	1094 Uranium - Radium - Vanadium Ores	7
	1099 Metal Ores Not Elsewhere Classified	5
11	Anthracite Mining	7
12	Bituminous Coal and Lignite Mining	7
13	Oil and Gas Extraction
	131 Crude Petroleum and Natural Gas	7
	132 Natural Gas Liquids	7
	1381 Drilling Oil and Gas Wells	6
	1382 Oil and Gas Field Exploration Services	1
	1389 Oil and Gas Field Services Not Elsewhere Classified	Varies by Activity

 

Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source
SIC Number	Description of Waste Source	Hazard Potential Initial Ranking

14	Mining and Quarrying of Non-Metallic Minerals, Except Fuels
	141 Dimension Stone	2
	142 Crushed and Broken Stone, Including Riprap	2
	144 Sand and Gravel	2
	145 Clay, Ceramic, and Refractory Minerals	2 - 5
	147 Chemical and Fertilizer Mineral Mining	4 - 7
	148 Nonmetallic Minerals Services	1 - 7
	149 Miscellaneous Nonmetallic Minerals, Except Fuels	2 - 5
16	Construction Other Than Building Construction
	1629 Heavy Construction, Not Elsewhere Classified (Dredging, Especially in Salt Water)	4
20	Food and Kindred Products
	201 Meat Products	3
	202 Dairy Products	2
	203 Canned and Preserved Fruits and Vegetables	4
	204 Grain Mill Products	2
	205 Bakery Products	2
	206 Sugar and Confectionary Products	2
	207 Fats and Oils	3
	208 Beverages	2 - 5
	209 Misc. Food Preparation and Kindred Products	2
22	Textile Mill Products, All Except Listings Below
	223 Broad Woven Fabric Mills, Wool (including dyeing and finishing)	6
	226 Dyeing and Finishing Textiles, Except Wool Fabrics and Knit Goods	6
	2295 Coated Fabrics, Not Rubberized	6
24	Lumber and Wood Products, Except Furniture
	241 Logging Camps and Logging Contractors	2
	242 Sawmills and Planing Mills	2
	2435 Hardwood Veneer and Plywood	4
	2436 Softwood Veneer and Plywood	4
	2439 Structural Wood Members, Not Elsewhere Classified (laminated wood-glue)	3
	2491 Wood Preserving	5
	2492 Particle Board	4
	2499 Wood Products, Not Elsewhere Classified	2 - 5
26	Paper and Allied Products
	261 Pulp Mills	6
	262 Paper Mills Except Building Paper Mills	6
	263 Paperboard Mills	6

 

Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source
SIC Number	Description of Waste Source	Hazard Potential Initial Ranking

28	Chemicals and Allied Products
	2812 Alkalies and Chlorine	7 - 9
	2813 Industrial Gases	-
	2816 Inorganic Pigments	3 - 8
	2819 Industrial Inorganic Chemicals Not Elsewhere Classified	3 - 9
	2821 Plastic Materials, Synthetic Resins and Non- vulcanizable Elastomers	6 - 8
	2822 Synthetic Rubber (Vulcanizable Elastomers)	6 - 8
	2923 Cellulose Man-Made Fibers	6 - 8
	2824 Synthetic Organic Fibers Except Cellulosic	6 - 8
	2831 Biological Products	6 - 9
	2833 Medicinal Chemicals and Botanical Products	3 - 8
	2834 Pharmaceutical Preparations	6 - 9
	2841 Soap and Other Detergents, Except Specialty Cleaners	4 - 6
	2842 Specialty Cleaning, Polishing, and Sanitation Preparation	3 - 8
	2843 Surface Active Agents, Finishing Agents, Sulfonated Oils and Assistants	6 - 8
	2844 Perfumes, Cosmetics and Other Toilet Preparations	3 - 6
	2851 Paints, Varnishes, Lacquers, Enamels and Allied Products	5 - 8
	2861 Gum and Wood Chemicals	5 - 8
	2865 Cyclic (coal tar) Crudes, and Cyclic Intermediates, Dyes and Organic Pigments (Lakes and Toners)	6 - 9
	2869 Industrial Organic Chemicals Not Elsewhere Listed	3 - 9
	2873 Nitrogenous Fertilizers	7 - 8
	2874 Phosphatic Fertilizers	7 - 8
	2875 Fertilizer Mixing Only	5
	2879 Pesticides and Agricultural Chemicals, Not Elsewhere Listed	5 - 9
	2891 Adhesives and Sealants	5 - 8
	2892 Explosives	6 - 9
	2893 Printing Ink	2 - 5
	2895 Carbon Black	1 - 3
	2899 Chemicals and Chemical Preparations, Not Elsewhere Listed	3 - 9
29	Petroleum Refining and Related Industries
	291 Petroleum Refining	8
	295 Paving and Roofing Materials	7
	299 Misc. Petroleum and Coal Products	7

 

Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source
SIC Number	Description of Waste Source	Hazard Potential Initial Ranking

30	Rubber and Miscellaneous Plastics Products
	301 Tires and Inner Tubes	6
	302 Rubber and Plastic Footwear	6
	303 Reclaimed Rubber	6
	304 Rubber and Plastic Hose and Belting	4
	306 Fabricated Rubber Products, Not Elsewhere Classified	4
31	Leather and Leather Products
	311 Leather Tanning and Finishing	8
	(Remaining Three-Digit Code)	1 - 3
32	Stone, Clay, Glass and Concrete Products
	321 Flat Glass	4
	322 Glass and Glassware, Pressed or Blown	4
	324 Cement, Hydraulic	3
	3274 Lime	3
	3291 Abrasive Products	3
	3292 Asbestos	3
	3293 Gaskets, Packing and Sealing Devices	3
33	Primary Metal Industries (Except as Noted Below)	3
	3312 Blast Furnaces, Steel Works and Rolling and Finishing Mills	6
	333 Primary Smelting and Refining of Nonferrous Metals	7
34	Fabricated Metal Products, Except Machinery and Transportation Equipment (Except as Noted Below)	5
	347 Coating, Engraving and Allied Services	8
	3482 Small Arms Ammunition	7
	3483 Ammunition, Except for Small Arms, Not Elsewhere Classified	7
	3489 Ordnance and Accessories, Not Elsewhere Classified	7
	349 Misc. Fabricated Metal Products	3 - 6

 

 

Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source
SIC Number	Description of Waste Source	Hazard Potential Initial Ranking

35	Machinery, Except Electrical	5 - 7
36	Electrical and Electronic Machinery, Equipment and Supplies (Except as Noted Below)	8
	3691 Storage Batteries	8
	3692 Primary Batteries, Dry and Wet	8
37	Transportation Equipment	5 - 8
38	Measuring, Analyzing and Controlling Instruments, Photographic, Medical and Optical Goods, Watches and Clocks (Except as Noted Below)	4 - 6
	386 Photographic Equipment and Supplies	7
39	Miscellaneous Manufacturing Industries	3 - 7
49	Electric, Gas and Sanitary Services
	491 Electric Services	3 - 5
	492 Gas Production and Distribution	3
	494 Water Supply	2
	4952 Sewage Systems	2 - 5
	4953 Refuse Systems (Landfills)	5 - 9
	496 Steam Supply	2 - 4

 

      (3)   Table 1122-19 below lists the hazard potential determined on the basis of materials known to be used, stored or disposed of at a specific site.

Table 1122-19: Contaminant Hazard Potential Ranking Classified by Type
Description	Hazard Potential Initial Ranking	ID Number *
Solids
Ferrous Metals	1 -4	1100
Non-Ferrous Metals	1 - 7	1200
Resins, Plastics and Rubbers	2	1300
Wood and Paper Materials (except as noted below)	2	1400
Bark	4	1401
Textiles and Related Fibers	2	1500
Inert Materials (except as noted below)	2	1600
Sulfide Mineral-Bearing Mine Tailings	6	1601
Slag and Other Combustion Residues	5	1602
Rubble, Construction and Demolition Mixed Waste	3	1603
Animal Processing Wastes (except as noted below)	2 - 4	1700
Processed Skins, Hides and Leathers	6	1701
Dairy Wastes	4	1702
Live Animal Wastes - Raw Manures (Feedlots)	5	1703
Composts of Animal Waste	2 - 4	1704
Dead Animals	6	1705
Edible Fruit and Vegetable Remains - Putrescibles	2 - 3	1800
Liquids

 

Table 1122-19: Contaminant Hazard Potential Ranking Classified by Type
Description	Hazard Potential Initial Ranking	ID Number *

Organic Chemicals (must be chemically classified)		2000
Aliphatic (Fatty) Acids	3 - 5	2001
Aromatic (Benzene) Acids	7 - 8	2002
Resin Acids	--	2003
Alcohols	5 - 7	2004
Aliphatic Hydrocarbons (petroleum derivatives)	4 - 6	2005
Aromatic Hydrocarbons (benzene derivatives)	6 - 8	2006
Sulfonated Hydrocarbons	7 - 8	2007
Halogenated Hydrocarbons	7 - 9	2008
Alkaloids	7 - 9	2009
Aliphatic Amines and Their Salts	1 - 4	2010
Anilines	6 - 8	2011
Pyridine	2 - 6	2012
Phenols	7 - 9	2013
Aldehydes	6 - 8	2014
Ketones	6 - 8	2015
Organic Sulfur Compounds (Sulfides, Mercaptans)	7 - 9	2016
Organometallic Compounds	7 - 9	2017
Cyanides	7 - 9	2018
Thiocyanides	2 - 6	2019
Sterols	-	2020
Sugars and Cellulose	1 - 4	2021
Esters	6 - 8	2022
Inorganic Chemicals (must be chemically classified)		2100
Mineral and Metal Acids	5- 8	2101
Mineral and Metal Bases	5 - 8	2102
Metal Salts Including Heavy Metals	6 - 9	2103
Oxides	5 - 8	2104
Sulfides	5 - 8	2105
Carbon or Graphite	1 - 3	2106

 

Table 1122-19: Contaminant Hazard Potential Ranking Classified by Type
Description	Hazard Potential Initial Ranking	ID Number *

Other Chemical Process Wastes not Previously Listed (Must be chemically classified)		2200
Inks	2 - 5	2201
Dyes	3 - 8	2202
Paints	5 - 8	2203
Adhesives	5 - 8	2204
Pharmaceutical Wastes	6 - 9	2205
Petrochemical Wastes	7 - 9	2206
Metal Treatment Wastes	7 - 9	2207
Solvents	6 - 9	2208
Agricultural Chemicals (Pesticides, Herbicides, Fungicides, etc.)	7 - 9	2209
Waxes and Tars	4 - 7	2210
Fermentation and Culture Wastes	2 - 5	2211
Oils, Including Gasoline, Fuel Oil, Etc.	5 - 8	2212
Soaps and Detergents	4 - 6	2213
Other Organic or Inorganic Chemicals, includes Radioactive Wastes	4 - 8	2300
Conventional Treatment Process
Municipal Sludges
From Biological Sewage Treatment	4 - 8	2301
From Water Treatment and Conditioning Plants (must be chemically classified)	2 - 5	2302
* ID Number is for identification of waste types in the Reporting Form. 1. Classification based on material in Environmental Protection Agency Publication, 670-2-75-024, pp. 79-85, prepared by Arthur D. Little, Inc., and published in 1975. 2. For individual material ranking, refer to solubility-toxicity tables prepared by Versar, Inc., for the Environmental Protection Agency (source: MDNR, June 1980). Source: WMSRDC. A Pollutant Nature Sampling Plan for Groundwater Contamination in Region 14 (Muskegon, Mich.: West Michigan Shoreline Regional Development Commission, November 1980).

   If the two tables referenced above indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the two scores is the rating for the site.

   (j)   Enforcement Provisions

      (1)   Scope.

         A.   The provisions of this chapter shall be effective within the "WP" Well Field Protection Overlay District, except as otherwise provided. This chapter provides for pollution control safeguarding the public water supply.

         B.   Nothing contained in this chapter shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this chapter.

      (2)   Administration. Except as otherwise provided herein, the City Manager or his or her designee, hereinafter referred to as the City Manager, shall administer, implement, and enforce the provisions of this chapter.

      (3)   Notice of Violation.

         A.   Any person found in violation of any provision of this chapter or any order, requirement, rule, or regulation issued under the authority of this chapter shall be served with a written notice stating the nature of the violation and providing reasonable time for compliance; provided however, written notice of violation may be dispensed with under the conditions described in subsection (7)(B) hereof and provided further, that if the City Manager has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the City Manager may dispense with establishing another time period for compliance.

         B.   The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the County tax record.

      (4)   Inspections. Subject to applicable provisions of law, the City Manager or authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling and records examination pertaining to the requirements of this chapter to ensure that activities are in accordance with the provisions of this chapter. Upon request of the entity which is the subject of the inspection, and if permitted by the State Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the City Manager for the above stated purposes, the City Manager may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter such property.

      (5)   Handling of Regulated Substances.

         A.   No person shall place, deposit or permit to be deposited, store, process, use, produce, dispose of, transport or discharge, hereinafter referred to as "handle", any regulated substance on public or private property within the City or in any area under the jurisdiction of the City except as provided by law, statute, ordinance, rule or regulation.

         B.   Any violation of this subsection 1122.18(j)(5) is hereby determined to be a nuisance and must be abated.

      (6)   Underground Storage Tanks Declared to Constitute Dangerous Nuisances.

         A.   With the exception of the underground storage of fuel and lubricants for vehicular operations and fuel for building heating and/or process heating in conjunction with permitted and conditional uses in this district, any storage of regulated substances in underground storage tanks within the "WP" Well Field Protection Overlay District shall be deemed to constitute a dangerous nuisance. Every such nuisance shall be abated no later than five years from the effective date of this chapter.

         B.   With the exception of residential use of home heating fuel in tanks having a capacity equal to or less than 500 gallons, any underground storage tank systems for vehicle fuel and lubricants and fuel for building and/or process heating within the "WP" Well Field Protection Overlay District not removed within five years from the effective date of this chapter shall be secondarily contained and monitored in accordance with plans submitted to and approved by the City Manager or authorized designee and the City Fire Department.

      (7)   Reporting Requirements.

         A.   Regulated Substance Activity Inventory.

            i.   Applicability

               a.   Except as provided in subsection 1122.18(j)(7)A.ii , hereof, any owner or occupant of any land in the "WP" Well Field Protection Overlay District at the effective date of this chapter, shall file a Regulated Substance Activity Inventory Report with the City Manager or his authorized designee. Such Report shall be filed within 180 days of the effective date of this chapter and at twenty-four month intervals thereafter.

               b.   Except as provided in subsection 1122.18(j)(7)A.ii , hereof, any new owner or occupant of any land in the "WP" Well Field Protection Overlay District shall file a Regulated Substance Activity Inventory Report prior to receipt of a Certificate of Zoning Compliance or a Certificate of Occupancy and at twenty-four month intervals following the date of occupancy. For purposes of this subsection, "new" shall be defined as subsequent to the effective date of this chapter.

               c.   Where a person owns, operates or occupies more than one location, Regulated Substance Activity Inventory Reports shall be made for each location.

               d.   Agricultural uses shall file a Regulated Substance Activity Inventory Report within 180 days of the effective date of this chapter and at twelve month intervals thereafter. Regulated Substance Activity Inventory Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.

            ii.   Exclusions to Activity Inventory Reporting

               a.   Any exclusion set forth in this subsection shall apply provided that such exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well fields; and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of subsection 1122.18(j)(7)B, hereof. Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity involved.

               b.   A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for incidental uses of regulated substances provided the uses are limited as follows:

                  1.   The aggregate of regulated substances in use may not exceed twenty gallons or 160 pounds at any time.

                  2.   The total use of regulated substances may not exceed fifty gallons or 400 pounds in any twelve-month period.

                c.   A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment in the "WP" Well Field Protection Overlay District provided the uses are limited as follows:

                  1.   The aggregate of regulated substances in use may not exceed fifty gallons or 400 pounds at any time.

                  2.   The total use of regulated substances may not exceed 100 gallons or 800 pounds in any twelve month period.

               d.   A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for regulated substances which are cleaning agents, provided however, such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.

               e.   A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for medical and research laboratory uses in the "WP" Well Field Protection Overlay District, provided however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or forty pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

               f.   A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for the transportation of regulated substances through the WP Well Field Protection Overlay District provided that the transportation vehicle is in compliance with applicable local, State, and Federal laws and regulations; provided that the regulated substance is fueling the transportation vehicle; and provided that the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed seventy-two hours.

               g.   A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for owners and occupants of single or two family residences, provided however, the storage and use of regulated substances are related to the maintenance of the residence or vehicles under control of the occupant and provided waste regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly-owned wastewater treatment works.

         B.   Spills, Leaks or Discharges.

            i.   Any person with direct knowledge of a spill, leak or discharge of a regulated substance within the "WP" Well Field Protection Overlay District shall, if such spill, leak or discharge escapes containment or contacts a pervious ground surface and is not immediately and completely remediated, give notice to the Public Works Director of the City or the operator on duty at the affected or potentially affected water treatment facility by telephone within thirty minutes. The notification shall include at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, State and Federal reporting obligations as required by law.

            ii.   The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, etc., used in routine agricultural operations, including plant nutrients and crop protection materials, applied under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States EPA or the Ohio Department of Agriculture, shall not be considered a spill, leak or discharge subject to the reporting provisions of this subsection.

            iii.   Any entity or person who spills, leaks or discharges such substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City in response to such an incident, in addition to the amount of any fines imposed on account thereof under State and Federal law; such entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.

         C.   No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this chapter.

         D.   Any reports or records compiled or submitted pursuant to this subsection 1122.18(j)(7), shall be maintained by the user for a minimum of five years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.

      (8)   Public Water Supply Protection Authorities.

         A.   If any activity or use of regulated substance is deemed by the City Manager or authorized designee to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the City Manager, in accordance with Ohio R.C. 713.13, is authorized to:

            i.   Cause cessation of such activity or use of the regulated substance;

            ii.   Require the provision of administrative controls and/or facilities sufficient to mitigate such danger; and/or

            iii.   Cause the provision of pollution control and/or abatement activities.

         B.   When considering the exercise of any of the above authorities or actions, the City Manager or authorized designee shall consult with the appropriate administrative official of any potentially affected protected public water supply. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonably and adequately protected from contamination for the present and the future. The City Manager may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.

         C.   The City Manager is authorized to exclude certain regulated substances that pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the City Manager shall have such request for exemption reviewed by the Environmental Advisory Board. The recommendation of the Regional Environmental Advisory Board shall be binding on the City Manager.

         D.   Upon application for a Zoning Clearance Permit and/or Occupancy Certificate for a use within the "WP" Well Field Protection Overlay District, the City Manager may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All costs incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the City to review an application for a Zoning Clearance Permit and/or Occupancy Certificate.

      (9)   Well Field Protection Appeals Board.

         A.   Any person may appeal an action of the City Manager made pursuant to this chapter by filing a notice of appeal within twenty-one days of such action and a statement of appeal within thirty days of the date that the order being appealed was issued. A notice of appeal shall include at a minimum, name, address, telephone number, date and a statement of intent to appeal.

         B.   A statement of appeal shall include all information contained in the notice of appeal, a description of the nature of the appeal and any pertinent documentation.

         C.   The Board of Zoning Appeals of the City shall hear Well Field Protection Overlay District appeals. Such Board shall have the authority to take appeals, investigate matters related to such appeals, deny, uphold or otherwise modify or waive the City Manager's actions on a case-by-case basis.

         D.   No modification or waiver of the requirements of this chapter shall be authorized by the Board unless they find beyond a reasonable doubt, that all of the following facts and conditions exist:

            i.   That there are exceptional circumstances regarding the property or its conforming uses which make enforcement of this chapter an unreasonable burden on the continuation of such conforming uses; and

            ii.   That the waiver or modification shall not increase the threat of contamination of the community's potable water supply.

               (Ord. 34-17. Effective 12-7-17.)