As used in this chapter, unless the context clearly states otherwise:

   (a)   "Abandoned well" means: (1) A well whose use has been permanently discontinued; (2) a well which is in such disrepair that its continued use for the purpose of obtaining groundwater is impractical; (3) a well which has been left uncompleted; (4) a well which is a threat to groundwater resources; or (5) a well which is or may be a health or safety hazard.

   (b)   "Above-ground storage tank" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which, including the volume of underground pipes connected thereto, is less than 10% beneath the surface of the ground.

   (c)   "Administrative Officer" means the individual responsible for coordination and implementation of the Wellfield Protection Plan.

   (d)   "Appeal" means a request for a review of the Administrative Officer's interpretation of any provision of this chapter or a request for a variance.

   (e)   "Aquifer" means saturated soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs or streams under ordinary hydraulic gradients.

   (f)   "Best management practice" means a schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of the environment. "Best management practices" also include treatment requirements, operating procedures and practices to control runoff, spills, and leaks.

   (g)   "Containment area" means an above-ground area with floors and sidewalls that have been constructed of a material which will prevent migration of fluids into the groundwater.

   (h)   "Contamination" means physical, chemical, biological or radiological substances or matter has adversely effected air, water or soil.

   (i)   "Engineering controls" means any combination of engineering, housekeeping or management practices that includes, but is not limited to, process modifications, containment devices, monitoring or other improvements that reduce environmental contamination.

   (j)   "Facility" means any premises located in a Wellfield Protection Area, the use of which could impact the use of the underlying or adjacent aquifer for public drinking water supply; includes but is not limited to buildings, retail or wholesale establishments, storage areas, mining or processing operations, septic tanks, farming operations, and related facilities.

   (k)   "Great Miami Buried Valley Aquifer System" means the Great Miami, Little Miami, and Mill Creek Basins of Ohio and the White Water River Basin in Indiana. The term applies to the aquifer system formed by the scouring and subsequent in-filling of bedrock valleys during glacial events.

   (l)   "Groundwater" means the water contained in interconnected pores located beneath the ground surface.

   (m)   "Nonconforming facility" or "nonconforming storage unit" means: (1) any existing facility or regulated substance storage unit which, as of the effective date of this chapter, would otherwise be prohibited within the WF-1 Overlay District; or (2) any new or existing facility or regulated substance storage unit which is in violation of any provision of this chapter.

   (n)   "Operator" means any person who is directly responsible for the overall operation of a facility.

   (o)   "Overlay district" means a district described on the zoning map, within which, through superimposition of a special designation, certain regulations and requirements apply in addition to those of the underlying zoning districts to which such designation is added.

   (p)   "Owner" means the person who owns a facility or part of a facility.

   (q)   "Potable water" means water that is suitable for human consumption as defined by the Safe Drinking Water Act.

   (r)   "Regulated substance" means those substances identified in Section 1287.06. A generic (but not inclusive) list is provided in the Appendix following this chapter.

   (s)   "Regulated substance storage unit" means any underground storage tank, above- ground storage tank, drum, tote, or other container used for the storage of regulated substances.

   (t)   "Release" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of substances regulated under this chapter upon or into any land or water.

   (u)   "Sole source aquifer" means an aquifer designated by the U.S. Environmental Protection Agency as the sole or principal source of drinking water for a given aquifer service area; that is, an aquifer which supplies 50% or more of the drinking water for that area.

   (v)   "Unauthorized release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a regulated substance in a quantity greater than one gallon from a facility into a containment system, into the air, into groundwater, surface water, surface soils, or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under Federal, State or local law.

   (w)   "Underground storage tank" means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances, and the volume of which, including the volume of underground pipes connected thereto, is 10% or more beneath the surface of the ground.

   (x)   "Well" means any excavation, regardless of design or method of construction, made for any of the following purposes: (1) removing groundwater from or recharging water into an aquifer, excluding subsurface drainage systems installed to enhance agricultural crop production or urban and suburban landscape management or to control seepage in dams, dikes, and levees and excavating made for the purpose of removing groundwater from an aquifer prior to or during mineral extraction; (2) determining the quantity, quality, level or movement of groundwater in or the stratigraphy of an aquifer, excluding borings for instrumentation in dams, dikes, levees, or highway embankments; (3) removing or exchanging heat from groundwater, excluding horizontal trenches that are installed for water source heat pump systems; or (4) constructing a vertical, cased shaft to be used as a receptacle for a telescoping jack or a hydraulic cylinder and plunger as part of a lifting mechanism for an elevator.

   (y)   "Wellfield" means an area which contains one or more wells for obtaining a potable water supply.

(Ord. 5412. Passed 4-4-00.)

   It is the purpose of this chapter to safeguard the public health, safety, and welfare of persons and property in the City of Miamisburg, and to provide for the protection and availability of the existing and future potable groundwater supply from the Great Miami Buried Valley Aquifer System in the Miamisburg area by provisions designed to:

   (a)   Designate a specific area(s) for the purpose of enhanced wellfield protection;

   (b)   Define the substances considered potentially dangerous to the water supply; and

   (c)   Establish requirements, standards and criteria for the management of said substances within the wellfield protection area(s).

(Ord. 5412. Passed 4-4-00.)

   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. Failure to do so shall not excuse any violations of this chapter.

(Ord. 5412. Passed 4-4-00.)

   (a)   Groundwater Contamination. The Great Miami Buried Valley Aquifer is a sole source aquifer and is subject to contamination. This may result in contamination of the water supply, health hazards, disruption of commerce and governmental services, extraordinary public expenditures for water supply treatment and/or new water supply, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

   (b)   General Causes of Groundwater Contamination. Groundwater contamination is caused by toxic substances which are permitted to enter the water supply through leaks, spills and other discharges to the ground surface or underground. Improper use, storage, handling and disposal of toxic substances are a main contributor to groundwater contamination.

(Ord. 5412. Passed 4-4-00.)

   (a)   Areas for Wellfield Protection. This chapter shall apply to all lands within the jurisdiction of the City and shown on the Official Zoning Map within the boundaries of the Wellfield Protection Overlay District. The areas of Wellfield Protection are based on a scientific and engineering report titled "Wellhead Protection Plan for the City of Miamisburg" prepared by an environmental consultant. This document has been endorsed by the Ohio Environmental Protection Agency as meeting requirements for Wellhead Protection as established by the State of Ohio Wellhead Protection Program, adopted in 1992. This report, along with all figures and maps, dated December 1993, and any revisions thereto, are hereby adopted by reference and declared to be a part of this Zoning Code. The Wellfield Protection Plan is on file at 10 N. First St., Miamisburg, Ohio.

   (b)   Rules for Interpretation. In the interpretation and application of this chapter, all provisions shall be:

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the governing body; and

      (3)   Deemed neither to limit nor repeal any other powers granted under State statutes.

   (c)   Overlay District Designation.

      (1)   The areas of groundwater protection identified on the Official Zoning Map shall be shown as an overlay district. This overlay district shall be designated as a Wellfield Protection Overlay (WF-1) District. The overlay WF-1 District shall be superimposed over the Official Zoning Map. The underlying zoning district, as shown on the Official Zoning Map, shall hereafter be called the base district.

      (2)   Uses and minimum requirements shall be determined by the base district. However, if the provisions governing the overlay district are stricter than those of the base district, the provisions of this chapter shall supersede those of the base district.

   (d)   District Boundary Changes. The delineation of the WF-1 District may be amended where natural or man-made changes have occurred, and/or where more detailed studies have been conducted or undertaken by a Federal, State, local, City, or other qualified agency, or where individual documents support such changes, subject to the provisions of Section 1238.02.

   (e)   Warning and Disclaimer of Liability. The WF-1 District established in this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside the WF-1 District boundaries are not sensitive to groundwater contamination. This chapter shall not create liability on the part of the City or any officer or employee thereof for any water supply contamination that results from reliance on this chapter or any administrative decision lawfully made thereunder.

   (f)   Compliance. Upon adoption of this chapter, no lawful use regulated by this chapter shall be enlarged, increased, nor extended without full compliance by this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter.

   (g)   Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail.

(Ord. 5412. Passed 4-4-00.)

   The following substances shall be considered regulated substances when stored or otherwise used in non-retail-wholesale applications in quantities meeting or exceeding those quantities reported in Section 1287.09.

   (a)   Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system and agents which damage the lungs, skin, eyes or mucous membranes.

   (b)   Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

   (c)   Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis.

   (d)   Ingredients of mixtures prepared within the WF-1 District in cases where such ingredients are health hazards but comprise less than 0.1% of the mixture on a weight per unit basis if carcinogenic, or less than 1% of the mixture on a weight per unit weight basis if non-carcinogenic.

   (e)   Petroleum and non-solid petroleum derivatives, except non-PCB dielectric fluids.

(Ord. 5412. Passed 4-4-00.)

   (a)   Regulated Substance Activity Inventory.

      (1)   Except as provided in division (b) of this section, any owner or operator of land or a facility in the WF-1 Overlay District at the effective date of this section shall file a regulated substance activity inventory report with the Administrative Officer. Said inventory shall be filed within 180 days of the effective date of this section and at 12-month intervals thereafter.

      (2)   Except as provided in division (b) of this section, any new owner or operator of land or a facility in the WF-1 Overlay District shall file a regulated substance activity inventory report prior to receipt of a certificate of occupancy and at 12-month intervals following the date of occupancy. For purposes of this section, "new" shall be defined as subsequent to the effective date of this section.

      (3)   Any facility owner or operator required to register a facility or regulated substances storage unit with another Federal, State or local authority may submit a copy of that registration to the Administrative Officer to satisfy the registration requirements in this chapter, provided the required information is addressed in the copied information.

      (4)   Where a person owns, operates, or occupies more than one location, regulated substance activity reports shall be made for each location.

      (5)   Agricultural uses shall file a regulated substance activity inventory report within 180 days of the effective date of this chapter and at 12-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.

   (b)   Exclusions from Regulated Substance Activity Inventory Reporting.

      (1)   Any exclusion set forth in this division (b) shall apply, provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, well or wellfield; and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of Section 1287.10. Any exclusions granted herein shall not remove or limit the liability and responsibility of any person or activity involved.

      (2)   A limited exclusion from regulated substance activity inventory reporting is hereby authorized for incidental uses of regulated substances, provided the aggregate of regulated substances in use does not exceed 25 gallons or 200 pounds at any time.

      (3)   A limited exclusion from regulated substance inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment, provided the aggregate of regulated substances in use does not exceed 100 gallons or 800 pounds at any time.

      (4)   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 this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

      (5)   A limited exclusion from regulated substance activity inventory reporting is hereby authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed 50 gallons or 400 pounds of each substance and the aggregate inventory shall not exceed 200 gallons or 1600 pounds.

      (6)   A limited exclusion from regulated substance activity inventory reporting is hereby authorized for the transportation of regulated substances through the WF-1 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 48 hours.

      (7)   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 or cleaning 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.

   (c)   Regulated Substance Spill Control Plan. In addition to the regulated substance activity inventory reporting, any owner or operator of land or a facility in the WF-1 Overlay District must submit a written Regulated Substance Spill Control Plan (SCP) to the Administrative Officer within one year of the effective date of this chapter. Any SCP developed in compliance with other Federal, State or local regulatory programs which includes the specified information satisfies the requirements of this provision.

      (1)   The SCP must specify:

         A.   The location of the regulated substance storage area(s);

         B.   The type(s) and approximate quantity of regulated substances stored in the area;

         C.   Potential hazards (including activities) to the regulated substances stored in the area;

         D.   All openings/routes through which a release from the storage area would potentially flow, including floor drains, doorways, storm sewers, dry well, streams, and other openings/routes on the facility's property and within 100 feet beyond the property line;

         E.   Emergency response procedures to be followed in the event of a release, including specific points of contact for releases (must involve a person in a decision-making capacity), evacuation procedures, and emergency notification procedures for appropriate Federal, State and local agencies; and

         F.   Available emergency equipment and location of equipment.

      (2)   All SCPs must be filed on-site and made available on request to the local fire department or other inspection authority. All employees must be annually trained on the release procedures outlined in the SCP. Copies of the SCP must be readily available for employee use in work areas in or near regulated substance storage areas.

   (d)   Authority of Administrative Officer. The Administrative Officer is hereby appointed to administer and implement this chapter.

   (e)   Duties and Responsibilities of Administrative Officer. The duties of the Administrative Officer shall include, but are not limited to:

      (1)   Inventory reporting review. Review all regulation substance activity inventory reports to determine that the requirement of this chapter has been satisfied.

      (2)   Information to be obtained and maintained. Maintain for public inspection all records pertaining to the provisions of this chapter.

      (3)   Inspections.

         A.   Inspections to assure compliance and to investigate alleged violations of this chapter will be conducted annually at facilities with regulated substances and may be conducted at any time in accordance with the requirements of the law. Whenever necessary to make an inspection or to enforce this chapter, any facility or premises may be entered at all reasonable times upon presentation of proper credentials and demand for entry. If entry is refused, recourse shall be had to every remedy provided by law to secure entry.

         B.   Upon request, the owner or operator of any facility at which regulated substances are used, stored, or produced shall furnish the Administrative Officer all information then currently available to the facility deemed necessary by the City to monitor compliance with this chapter.

      (4)   Certificates of occupancy. Upon application of a certificate of occupancy for a use within the WF-1 District, the Administrative Officer may employ such technical expertise as needed to ensure compliance with the provisions of this chapter. All costs incurred in the compliance review process shall be passed through to the applicant.

   (f)   Duties and Responsibilities of City Planner. The duties of the City Planner shall include, but are not limited to, making interpretations, where needed, as to the exact location of the boundaries of the areas of wellfield protection; for example, where there appears to be a conflict between the wellfield protection boundary and actual field conditions. The party contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1287.11.

(Ord. 5412. Passed 4-4-00.)

   (a)   The permitted and special uses within the WF-1 Overlay District shall be limited to those of the underlying zoning district, except as those uses may be restricted by this chapter.

   (b)   Municipal water supply: municipal water supply, treatment, storage and operations facilities in accordance with the City's plan(s) for water supply and treatment.

(Ord. 5412. Passed 4-4-00.)

   Within the WF-1 District, the following standards shall apply:

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

   (b)   For existing facilities, the aggregate of regulated substances in use, storage, handling and/or production may not exceed the maximum quantities of regulated substances on- site at the time of the adoption of this chapter.

   (c)   For new businesses locating within the WF-1 District, the aggregate of regulated substances in use, storage, handling, and/or production may not exceed 25 gallons or 200 pounds at any time, unless the facility locates in a facility which previously used regulated substances, in which case the new business is limited to the maximum amount of regulated substance inventoried for the previous occupant.

   (d)   A limited exclusion from the provisions of division (b) of this section 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:

      (1)   The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 100 gallons or 800 pounds at any time.

      (2)   The application of U.S. Environmental Protection Agency-approved agricultural chemicals by licensed personnel using U.S. Environmental Protection Agency best management practices.

   (e)   A limited exclusion from the provisions of division (b) of this section is authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed 50 gallons or 400 pounds of each substance and the aggregate inventory shall not exceed 200 gallons or 1600 pounds.

   (f)   A limited exclusion from the provisions of division (b) of this section 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.

   (g)   A limited exclusion from the provisions of division (b) of this section 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 U.S. Environmental Protection Agency 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.

   (h)   Within the WF-1 Overlay District, all new above-ground indoor or outdoor regulated substance storage units, containing quantities equal to or exceeding those defined in division (a) of this section, must be in a location or containment area constructed in a manner to prevent a release from reaching the groundwater. These storage units include but are not limited to above-ground and underground storage tanks, drums, totes, and cans. Construction requirements include:

      (1)   A containment area must be capable of holding 110% of the largest storage unit in that location.

      (2)   Appropriate secondary containment requirements include but are not limited to double walling or diking.

      (3)   Where practical, the secondary containment structure shall be designed to allow drainage or pumping into a holding area designed to contain the discharge until it can be properly removed.

      (4)   The secondary containment structure shall be properly maintained and shall be free of vegetation, cracks, open seams, open drains, siphons or other openings that jeopardize the integrity of the structure. Any required modifications to storage unit shall be made within two years of the effective date of this chapter.

   (i)   Facilities within the WF-1 Overlay District with existing aboveground storage units as described above must do any of the following:

      (1)   Install secondary containment as described above; or

      (2)   Propose alternative containment/spill control measures in a written document, submit to the Planning Commission/Administrative Officer for approval, and implement within two years of approval.

   (j)   The owner of property upon which an abandoned well exists shall comply with all applicable laws, rules, regulations and guidelines that pertain to such situations, including O.A.C. 3701-28-07 and 3745-9-10 and the State of Ohio Technical Guidance for Sealing Unused Wells (Ohio Department of Natural Resources, 1996). The Montgomery County Health Department shall coordinate and consult in all proposed abandonment situations.

   (k)   No new underground storage tanks will be installed in the WF-1 Overlay District.

   (l)   Any current underground storage tank system regulated under O.A.C. 1301:7-9 and operating in the WF-1 Overlay District is located in a sensitive area and must be upgraded to the sensitive area requirements specified in O.A.C. 1301:7-9-10 as required by the State Fire Marshal.

   (m)   The Administrative Officer shall be copied on all notices of intent, permit applications, and registrations related to an underground storage tank as they are submitted to the State Fire Marshal, Ohio Environmental Protection Agency, or any other regulatory authority. An operator copying the Administrative Officer need only to copy the notice of intent and/or permit application. Maps, dimensional drawing and other engineering plans are not required unless requested. The Administrative Officer reserves the right to request additional information from the operator as needed. All information submitted shall be considered public information.

(Ord. 5412. Passed 4-4-00.)

   (a)   The responsible entity or person shall give notice to the Miamisburg Fire Department, the Montgomery/Green County Local Emergency Response Council, and the Ohio Environmental Protection Agency (as required by law) if a spill, leak or discharge of a regulated substance occurs within the WF-1 Overlay District. Notification shall be given within 60 minutes of knowledge of the discharge if such spill, leak, or discharge escapes containment, contacts a permeable ground surface, or is not immediately and completely remediated. Additionally, the entity or person shall provide the Miamisburg Water Department with, 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.

   (b)   For spills, leaks, or discharges of regulated substances, the responsible entity or person 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 thereof under Ohio and Federal law. Said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident. Procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks, or discharges shall be developed as soon as practicable following the incident, but no later than 30 days after the incident. All information shall be made available to the Miamisburg Fire Department, Montgomery/Green County Local Emergency Response Council, Ohio Environmental Protection Agency, and the City of Miamisburg.

(Ord. 5412. Passed 4-4-00.)

   The owner/operator of a facility (or land) affected by this chapter may file for a variance with the Planning Commission. The Planning Commission shall be furnished by the applicant, at a minimum, the amount and type of regulated substances on-site, the rate and direction of groundwater flow at the facility, facility design and operations, proposed engineering controls or other methods to prevent groundwater contamination, depth to groundwater, size and slope of site, age of facility, existing and known future water supplies, and any other relevant factors. The Planning Commission shall be furnished 15 copies of the variance application, including any additional material. The variance application must be filed with the Planning and Development Office at least 30 days before the scheduled meeting.

(Ord. 5412. Passed 4-4-00.)

   In considering applications for variances from the requirements of the Wellfield Protection Overlay District WF-1, the Planning Commission shall review all technical evaluations, relevant factors and standards specified in other sections of this chapter, and shall determine whether the proposed variance will negatively affect the public health, safety, and general welfare. All costs associated with filing for variances will be borne by the applicant.

(Ord. 5412. Passed 4-4-00.)

   Upon application for a variance or appeal, the Administrative Officer may employ such technical expertise as needed to evaluate the appeal or variance. The results of the technical evaluation shall be presented to the Planning Commission for their consideration of the appeal or variance. 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 for the variance application.

(Ord. 5412. Passed 4-4-00.)

   A variance shall only be issued upon:

   (a)   A determination that the variance shall not increase the threat of contamination to the Great Miami Buried Valley Aquifer.

   (b)   A determination that the granting of the variance will not result in additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(Ord. 5412. Passed 4-4-00.)

   (a)   When a variance is requested the applicant shall submit a site plan meeting the requirements of Section 1294.03. Submittal shall be made 30 days prior to the Planning Commission meeting at which it is to be reviewed. Within 60 days after such review, the Commission shall evaluate the specific details of the variance and approve, disapprove, or approve with modifications, the variance. This determination shall be made in accordance with this section, Section 1294.03 and the purpose of this Zoning Code.

   (b)   A minimum two-thirds affirmative vote by the Planning Commission is required to approve any variance or appeal to this chapter.

   (c)   When granting any variance, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with the Zoning Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code.

(Ord. 5412. Passed 4-4-00.)

   (a)   Time Limit. The Planning Commission shall hold a public hearing within 30 days after the receipt of an application for an appeal or variance from the City Planner or an applicant.

   (b)   Newspaper Notice. Before holding the public hearing required by division (a) of this section, notice of such hearing shall be given in one or more newspapers of general circulation in the City at least 15 days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

   (c)   Notice to Parties in Interest. Before holding the public hearing required by division (a) of this section, written notice of such hearing shall be mailed by the Chairperson of the Commission, by first class mail, at least 15 days before the day of the hearing, to all owners of property who are contiguous to and directly across the street or alley from the parcel or parcels proposed for appeal or variance.

   (d)   Applicant to Pay Cost of Notices. Each application shall be accompanied by a check in the amount provided for in Chapter 214 of these Codified Ordinances, payable to the City of Miamisburg, or a cash payment, to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings.

   (e)   Appearance of Parties. At the hearing, the applicant may appear in person or be represented by an agent.

   (f)   Appeals to Court. Any party adversely affected by a decision of the Planning Commission may appeal to the Court of Common Pleas of the County on the ground that such decision was unreasonable or unlawful.

(Ord. 6575. Passed 3-15-16.)

   Within 30 days after the public hearing required by Section 1287.16, the Planning Commission shall either approve, approve with supplementary, or disapprove, the request for appeal or variance. The Planning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from Planning Commission decisions shall be made in the manner specified in Section 1287.16(f).

(Ord. 5412. Passed 4-4-00.)

   Any operator/owner who, upon inspection of their facility has been determined to be in violation of this chapter, shall be given written notice of the violation. The notice issued shall:

   (a)   Be in writing and delivered to the owner or operator by certified mail;

   (b)   Be dated and signed by the Administrative Officer;

   (c)   Specify the violation(s); and

   (d)   Specify the length of time, if different than the required 30 days, to correct the violation(s) after receiving the notice of violation(s). The owner is required to respond to all violations in writing within 30 days of receipt.

(Ord. 5412. Passed 4-4-00.)

Acid and basic cleaning solutions

Antifreeze and coolants

Animal dips

Arsenic and arsenic compounds

Battery acids

Bleaches and peroxide

Brake and transmission fluid

Brine solutions

Casting and foundry chemicals

Caulking agents and sealants

Cleaning solvents

Corrosion and rust preventatives

Cutting fluids

Degreasing solvents

Dry cleaning chemicals

Dyes

Electroplating solutions

Engraving and etching solutions

Explosives

Fertilizers

Fire extinguishing chemicals

Food processing wastes

Formaldehyde

Fuels (including gasolines) and additives

Glues, adhesives, and resins

Greases

Hydraulic fluid

Indicators

Industrial and commercial janitorial supplies

Industrial sludges and stillbottoms

Inks, printing and photocopying chemicals

Laboratory chemicals

Liquid storage batteries

Lubricants

Medical, pharmaceutical, dental, veterinary and hospital solutions

Mercury and mercury compounds

Metal finishing solutions

Oils

Paints, primers, thinners, dyes, stains, wood preservatives, varnishing, and cleaning compounds

Painting solvents

Petroleum products

Pesticides and herbicides

Photo development chemicals

Plastic resins, plasticizers and catalysts

Poisons

Polishes

Polychlorinated biphenyls (PCBs)

Pool chemicals (in concentrated form)

Processed dust and particulates

Radioactive sources

Reagents and standards

Refrigerants

Roofing chemicals and sealers

Salt and water softening chemicals

Sanitizers, disinfectants, bactericides and algecides

Soaps, detergents, and surfactants

Solders and fluxes

Stripping compounds

Tanning industry chemicals

Transformer and capacitor oils/fluids

Note 1: Adapted from Manchester, Massachusetts, Section 4.9, Ground and Surface Water Resource Overlay Protection Districts.