Nitro City Zoning Code
RESTRICTED USE
DISTRICT
§ 152.125 RU RESTRICTED USE DISTRICT.
(A) Purpose. The Restricted Use District overlaps existing districts. The extraction of groundwater from any property located in the Restricted Use District is prohibited and drilling activities are prohibited from the surface of any property located in the Restricted Use District to gain access to groundwater at, beneath or flowing from such property, for potable or other purposes, except for the extraction of groundwater from or installation, modification, or repair of certain monitoring wells operated pursuant to the authorization of federal or state environmental officials.
(B) Boundaries. The boundaries of the Restricted Use District include all areas of the city west of State Highway Route 25 and north of the southerly boundary of that property known as the Fike/Artel Chemical Superfund Site, all as shown on the map attached to Ordinance passed 3-19-2022, and shall be identified and certified as a new district on the map entitled “Official Zoning Ordinance Map” for the city on file in the office of the Zoning Officer of the city, as the same may be amended thereafter.
(C) Regulations.
(1) Drilling is prohibited from the surface of any property located in the Restricted Use District to gain access to groundwater at, beneath or flowing from such property, for potable or other purposes, except for the installation, modification or repair of monitoring wells operated pursuant to the authorization of federal or state environmental officials.
(2) Extraction of groundwater at, beneath, or flowing from any property located in the Restricted Use District is prohibited except for the extraction of groundwater from monitoring wells operated pursuant to the authorization of federal or state environmental officials.
(3) In addition to the requirements set forth in this zoning code and as otherwise provided under applicable law, this subchapter may not be amended or repealed without providing at least 90 days’ prior written notice of the proposed action to (a) the Director of the West Virginia Division of Environmental Protection, and (b) the Administrator of Region III of the U.S. Environmental Protection Agency, or to their respective statutory successors, addressed to such individuals at the main office for each such governmental agency.
(Ord. 02-03, passed 3-19-2002)