The WP Well Field Protection Overlay District is designed to safeguard the public health, safety, and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use, and/or production of regulated substances. The area of the Well Field Protection Overlay Zone is described on the official zoning district map and includes existing and proposed protected public water supply wells and their one-year capture area. The intent of this designation is to protect the community's potable water supply against contamination.

('80 Code, § 152.135) (Ord. 94-14, passed 7-5-94)

   (A)   Applicability of Overlay District to underlying districts. The provisions of this subchapter 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 subchapter are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

   (B)   Determination of applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the village to make a determination of the applicability of §§ 152.137 through 152.139 and § 152.266 as they pertain to the property and/or business, and failure to do so shall not excuse any violations of such sections.

('80 Code, § 152.136) (Ord. 94-14, passed 7-5-94)

   The permitted uses, accessory uses, conditional uses, and bulk and yard regulations within the WP Well Field Protection Overlay District shall be those of the underlying zoning district, except as follows:

   (A)   Sanitary landfills, drywells, landfills comprised of demolition debris or other non-approved matter, and junkyards are prohibited within the WP Well Field Protection Overlay District.

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

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

      (2)   The proposed extent and depth of excavations;

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

      (4)   Use and disposition of the spoil and/or overburden materials from the excavations, including a landscaping and vegetation plan to stabilize any disturbed material;

      (5)   Surface drainage plan:

         (a)   Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and road beds and off-site watercourses is prohibited, unless the applicant provides a plan which otherwise protects the excavations from off-site waterborne regulated substances; and

         (b)   The final on-site grading shall minimize all surface drainage into the excavations;

      (6)   A post-excavation and operation land use plan; and

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

('80 Code, § 152.137) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

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

      (1)   Aggregate of regulated substances: the aggregate of regulated substances in use, storage, handling, and/or production may not exceed 20 gallons or 160 pounds at any time;

      (2)   Total use of regulated substances: the total use, storage, handling, and/or production of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period; and

      (3)   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 12 month period shall require 72 hour prior notice to the Zoning Inspector or his or her designee.

   (B)   A limited exclusion from the provision of § 152.138(A) 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 50 gallons or 400 pounds at any time; and

      (2)   The total use, storage, handling, and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any 12 month period.

   (C)   A limited exclusion from the provisions of § 152.138(A) is authorized for each medical and research laboratory use, provided, however, that regulated substances shall be stored, handled, or used in containers not to exceed five gallons or 40 pounds of each substance and that the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

   (D)   A limited exclusion from the provisions of § 152.138(A) is authorized for regulated substances which are cleaning agents, provided, however, that 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 that 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.

   (E)   A limited exclusion from the provisions of § 152. 138(A) 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 that such substances are stored in standard approved packaging and that 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 (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.

   (F)   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 overlay district shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the Zoning Inspector or his or her designee.

   (G)   Notwithstanding other provisions of this subchapter, nonconforming uses in this overlay 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 § 152.138(F) 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.

   (H)   As part of the findings required under § 152.010, prior to issuance of a zoning certificate, the Zoning Inspector or his or her designee shall utilize the Hazard Potential Ranking System in § 152.139 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.

('80 Code, § 152.138) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   Any existing uses legally storing, handling, using, and/or producing regulated substances in amounts equal to or less than the requirements under § 152.138(A) are considered conforming uses, and this section does not apply. Any new use or change of use shall maintain the conforming status of the property.

   (B)   Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated substance, as reported according to § 152.266, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of the village zoning code.

   (C)   In order to assess the risk for potential ground water 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.

   (D)   Table I set forth following this section lists the site hazard potential by land use activity 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.

   (E)   Table II set forth following this section lists the hazard potential determined on the basis of materials known to be used, stored, or disposed of at a specific site.

   (F)   If the two tables which are referenced above [and which begin on the following page] 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.

('80 Code, § 152.139) (Ord. 94-14, passed 7-5-94)