This chapter incorporates overlay zoning district standards within the City of Riverside. A description of each zoning district and a list of permitted uses per zoning category is provided in Chapter 1107. Chapter 1107 divides the City of Riverside into districts for the purpose of regulating the use of lands within the districts. This chapter establishes development standards for the base zoning districts and overlay districts wherein additional standards may apply and may be designated at the request of the property owner. Requirements for the subdivision of land within the City of Riverside are contained in Chapter 1111. General regulations for all development (regardless of the zoning district) are set forth in the Chapter 1113, Site Design and Improvement Standards, and Chapter 1115; Supplemental Standards of the Article. Refer to Chapter 1107 for additional regulations applicable to particular uses.

(Ord. 17-O-618, Passed 3-16-17)

Development standards within Chapters 1109 through 1115, shall apply to all zoning districts and uses unless otherwise indicated.

(Ord. 17-O-618, Passed 3-16-17)

A.

Mixed Use.

1.

Purpose. The Mixed Use Overlay District is meant to encourage medium density mixed use development with a required above grade residential or office component, pedestrian friendly site design, and an urban street character, in order to increase pedestrian traffic, reduce vehicular traffic, promote innovative use of space, promote energy efficient design, conserve land, and accommodate a range of compatible land uses through appropriate site design. Mixed Use Overlay Districts are intended to provide areas in which a variety of housing types exist among neighborhood serving commercial and institutional uses and employment opportunities.

The Mixed Use Overlay District encourages the development of compact, pedestrian scaled, mixed use neighborhoods and commercial centers. It is also intended to help advance revitalization initiatives along commercial corridors and recognizes the market demand for new residential and commercial development within compact, pedestrian friendly districts. Mixed Use zoning is intended to work in conjunction with the proactive development of pocket parks and plazas, open spaces, and the creation of public spaces within the districts. Mixed Use zoning can support commercial corridor redevelopment plans and urban design guidelines or standards that require high quality development that is consistent with the character of the district. It specifically discourages those uses that promote a strip center development pattern, promote idle land and over parking, and detract from the image enhancement intentions of this district. A Mixed Use Overlay District may overlay several base districts. The Mixed Use Overlay Districts include Residential and Business.

2.

Permitted Land Uses. The uses permitted in each underlying district are limited to the boundaries of that district, and the regulations of the underlying district shall govern, except where additional uses are expressly allowed under this section.

3.

Description and intent.

a.

The intent of the Mixed Use Overlay Districts is to permit the coordinated development and redevelopment on larger sites in order to achieve the following:

1)

Flexibility in the regulation of land development allowing for higher quality of design through innovation in land use, variety in design, layout, and type of structures.

2)

Provide the opportunity to mix compatible uses.

3)

Protect significant natural features which the property owner and City of Riverside wish to preserve.

4)

Allow clustering of residential units to preserve common open space and natural features.

5)

Ensure compatibility of design and function between neighboring properties.

6)

Promote efficient provision of public services, utilities and transportation facilities.

7)

Provide convenient vehicular access throughout the development and minimizing adverse traffic impacts.

8)

Provide complete non-motorized circulation to, from and within developments.

9)

Provide adequate housing and employment.

10)

Encourage development of convenient recreational facilities as an integral part of residential developments.

11)

Ensure various land uses and building bulk will relate to each other and to adjoining existing and planned uses in such a way that they will be compatible, with no material adverse impact of one use on another.

12)

Encourage development and redevelopment that is consistent with the goals stated within the City of Riverside Comprehensive Plan.

13)

Eliminate or reduce the degree of nonconforming uses or structures.

b.

These Overlay regulations are not intended to be used for circumventing the more specific standards and requirements of this Ordinance, or the planning upon which they are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning requirements as generally applied to the proposed uses, but with specific modifications that, in the judgment of the City of Riverside, assure superior quality. If this improved quality is not clearly apparent upon City of Riverside review, a site shall not qualify for the modifications allowable under this chapter.

4.

Types of Mixed Use Overlay Districts.

a.

Neighborhood Transitional Overlay District.

1)

Uses. A Neighborhood Transitional Overlay District shall include a mixture of uses that are considered to be consistent with the Comprehensive Plan. A minimum of 60 percent of the Neighborhood Transitional Overlay District area shall be occupied by residential or recreational uses. The remainder of district shall contain business uses.

2)

Dimensional Requirements. Except as may otherwise be permitted by this chapter, all area and bulk dimensional standards shall comply with those of the respective zoning district. Any regulatory modification shall be approved through a finding that the deviation shall result in a higher quality of development than would be possible using standard zoning requirements.

3)

Parking. To encourage a true integration of mixed uses and improved efficiency in land use, an overlap in parking requirements may be permitted between uses that have alternating peak parking demands or where the mixture of uses on a site would result in multipurpose trips.

4)

To encourage flexibility and creativity consistent with the intent of the Mixed Use Overlay District, specific departures may be permitted from the requirements of the Zoning Ordinance. Any regulatory modification shall be approved through a finding that the deviation shall result in a higher quality of development than would be possible using standard zoning requirements.

b.

Heavy Commerce Overlay District.

1)

Uses. A minimum of 60 percent of the area of the site, exclusive of public rights-of-way, shall contain commercial, retail, service, and office uses including areas required for setbacks, storm water facilities, and parking associated with those uses. The remainder of the site may contain industrial uses.

2)

Driveway Access and Circulation.

A)

Access to the commercial uses shall be limited to one major entrance along any arterial road, excluding an entrance designed solely for truck traffic. Additional access points shall only be considered if spaced at least 500 feet apart and a traffic impact study demonstrates overall traffic operations and safety will be improved.

B)

Main access points shall be spaced from existing signalized intersections to ensure proper spacing and efficient flow of traffic if the main access point is signalized in the future.

C)

The site design shall direct traffic flow to use the main access points. Stacking or queuing depth at site access points shall be sufficient to accommodate expected peak hour volumes without conflict to inbound or internal circulation. Interior drives shall provide circulation between uses.

3)

Dimensional Requirements. Except as may otherwise be permitted by this chapter, all area and bulk dimensional standards shall comply with those of the respective zoning district. Any regulatory modification shall be approved through a finding that the deviation shall result in a higher quality of development than would be possible using standard zoning requirements.

4)

Parking. To encourage a true integration of mixed uses and improved efficiency in land use, an overlap in parking requirements may be permitted between uses that have alternating peak parking demands or where the mixture of uses on a site would result in multipurpose trips.

5)

To encourage flexibility and creativity consistent with the intent of the Mixed Use Overlay District, specific departures may be permitted from the requirements of the Zoning Ordinance. Any regulatory modification shall be approved through a finding that the deviation shall result in a higher quality of development than would be possible using standard zoning requirements.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-826, § 1(Exh. A), 5-4-23)

A.

Preamble. The Source Water Protection Area is comprised of two Well Field Protection Districts: the Well Head Operation (WO) Districts and the Water Protection Overlay (WP) District. The "WP" Water Protection Overlay District is designed to safeguard the public health, safety and welfare of citizens and institutions that are customers of any protected public water supplies by regulating the land use and the storage, handling, use and/or production of Regulated Substances. The aerial extent of the overlay district is described as the land within the well field protection areas and adjacent to any existing or proposed public wells within the City of Riverside. The intent of this designation is to protect the region's potable water supply against contamination.

B.

Applicability of Well Field Protection Overlay Area to Underlying Zoning Districts. The provisions of this zoning overlay district shall be applicable to all lands shown as being located within the boundaries of the "WP" Water Protection Overlay Area on the zoning map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this zoning overlay district are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply. All documented costs incurred in the administration and enforcement of this ordinance shall be passed on the property owner.

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 of Riverside to make a determination of the applicability of this zoning overlay district as it pertains to the property and/or business under his/her ownership or operation and his/her failure to do shall not excuse any violations of this zoning overlay district.

D.

Definitions.

1.

Administrator shall be the Zoning Administrator and any technical consultants or agencies authorized by the City Manager to assist in administration and enforcement of the provisions of this ordinance.

2.

Aquifer means a glacial formation, group of glacial formations, or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.

3.

Conforming use site(s) means a land use which is restricted in the use, storage, handling and/or production of no more than 160 pounds or 20 gallons of Regulated Substances.

4.

Direct recharge area means that portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.

5.

Drainage means the orderly removal of excess water from the surface of land through improved natural channels or constructed ditches and through shaping of the land.

6.

Handle means to place, deposit, store, process, use, produce, dispose of, transport, or release Regulated Substances; or permit Regulated Substances to be placed, deposited, stored, processed, used, produced, disposed or, transported or released.

7.

Health hazard means posing any of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard.

8.

Nonconforming use site(s) means land, parcels, and/or lots with a TMDI greater than 160 pounds and/or 20 gallons of regulated substances.

9.

Owner and/or operator means any person who occupies, owns, leases, operates, controls, or supervises real property, a business, facility, building, structure or installation within the Source Water Protection Area. Including person(s) that hold the fee simple title to property and person(s) who have acquired any interest in the property by contract, purchase, or otherwise. This includes but is not limited to any part owner, lessee, or licensee.

10.

Potable water means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.

11.

Protected public water supply means a public water system which serves at least fifteen (15) service connections used by year-round residents or regularly services at least twenty-five (25) year-round residents and having a one-year capture area defined through appropriate hydrologic study.

12.

Recharge lagoon means a body of water designed and maintained by man to add water to the groundwater at a rate greater than that occurring naturally.

13.

Regulated substance(s) means substances to be regulated, hereinafter referred to as Regulated Substances, are chemicals and mixtures of chemicals which are health hazards. Regulated Substances include, but are not limited to, the following:

a.

Hazardous substances as defined in § 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S. C. § 9601 and in any regulations issued under such Act.

b.

Any source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act, 42 U.S.C. § 2011 et seq., and in any regulations issued under such act.

c.

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.

d.

Mixtures of chemicals and substances for which the U.S. Environmental Protection Agency has concluded, pursuant to § 5 Toxic Substances Control Act, 15 U.S.C. § 2605 (or regulations issued under said Act), that the manufacture, processing, distribution, use, or disposal thereof presents or will present an unreasonable risk of injury to health or the environment.

e.

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 one (1) percent 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 one tenth of one (0.1) percent or greater of the composition on a weight per unit weight basis.

f.

Ingredients of mixtures prepared within the "WP" Well Field Protection Overlay Area in cases where such ingredients are health hazards but comprise less than one tenth of one (0.1) percent of the mixture (on a weight per unit weight basis) if carcinogenic, of less than one (1.0) percent of the mixture (on a weight per unit weight basis) if non-carcinogenic.

g.

Petroleum and non-solid petroleum derivatives(except non-PCB dielectric fluids) such as crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel.

h.

Substances that are active ingredients in any pesticide regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.

14.

Regulated substance activity inventory report (RSAIR) means A report submitted by Owner and/or Operator for a parcel(s) or lot(s) in the Source Water Protection Area on a bi-annual basis that includes the Owner and/or Operator's contact information and provides details on the types and amounts of Regulated Substances handled on the site.

15.

Spill prevention and response plan means a plan that describes how Regulated Substances will be handled at the site. In addition to a site diagram, the plan includes but is not limited to a description of the storage, use, employee training, engineering controls, spill response equipment, emergency response plan, spill cleanup, disposal, and reposting for the Regulated Substances.

16.

The source water protection area (SWPA) means the Source Water Protection Area is comprised of two Source Water Protection Districts: the Well Head Operation District (WO) and the Water Protection Overlay District (WP). This regulated area also includes land within the one (1) year capture area. The SWPA was formerly known as the Well Field Protection District.

a.

Water Protection (WP) Overlay District - The regulated area around the public water supply well fields, delineated by the one-year capture area.

b.

Water Resource Area (WR) - A geographical area between the Water Protection Overlay Area and the five-year time of travel boundary, as shown in the attached map.

17.

Total maximum daily inventory (TMDI) means a value, in pounds, that is established as the largest quantity of Regulated Substances that a parcel(s) and/or lot(s) is permitted to handle at any one time.

18.

Travel time contour means a locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.

19.

Underground storage tank means 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 ten (10) percent or more beneath the surface of the ground. Flow-through process tanks and tanks situated in an underground area (such as basement, tunnel, or vault upon or above the surface of a floor are excluded from the definition of underground storage tanks. Tanks shall comply with the requirements of the Ohio Administrative Code, § 1301: 7-9.

20.

Well field means a tract of land that contains a number of wells for supplying water.

21.

Zone of influence means a zone delineated by iso-travel time contours around well fields. The zone is calculated, based on the rate of movements of groundwaters in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.

E.

Permitted Principal Uses. The permitted principal uses allowed within the "WP" Water Protection Overlay Area shall be those of the underlying zoning district, provided they meet all requirements of this overlay zoning district. Uses not specifically mentioned are not permitted.

F.

Permitted Accessory Uses. The accessory uses allowed within the "WP" Water Protection Overlay District shall be those of the underlying zoning district, provided they meet all requirements of this overlay zoning district. Uses not specifically mentioned are not permitted.

G.

Specific Prohibited Uses. The following land uses are prohibited in the Water Protection (WP) Overlay:

1.

Dry Wells

2.

Grade and fill sites

3.

Underground storage tanks.

a.

With the exception of residential use of heating fuels, the underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted principal and conditional uses in this zoning overlay district shall be secondarily contained and monitored. Such installation shall be subject to approval by the Administrator or their designee.

4.

Construction and demolition waste facility

5.

Sanitary waste facility and/or sanitary waste processing facility

6.

Hazardous waste facility and/or hazardous waste process facility

7.

The manufacturing of acetylene, cement, gypsum or plaster of Paris, chlorine, corrosive acid or fertilizer, insecticides, poisons, explosives, paper and pulp, paint, lacquer, petroleum products except the molding of plastic into goods, coal products, and radioactive materials

8.

Smelting, animal slaughtering, and oil refining

9.

Any use of chlorinated and/or perfluorinated compounds (e.g. dry cleaners)

10.

Bulk fuels storage facility

11.

Classi, II, HI, IV, & VI underground injection wells

12.

Concentrated animal feeding facility

13.

Hazardous liquid pipeline facility

14.

Gas Stations or Vehicle Fueling facilities with Underground Storage Tanks

15.

Junkyards, including vehicle crushing

16.

Manufacturing, chemical

17.

Manufacturing, extraction, mixing, or warehousing of Pharmaceuticals and Personal Care Products (PPCP)

18.

Manure storage and/or treatment facility

19.

Plating

20.

Recycling collection facility - both large and small collection facilities

21.

Recycling processing facility, indoor and outdoor

22.

Salt piles unless stored inside structures with an impermeable floor

23.

Sand, limestone, shale, clay, and gravel operations

24.

Self-Storage facility

25.

Truck Terminals

H.

Conditional Uses. The following conditional uses subject to approval in accordance with Section 1105.09.G:

1.

The conditional uses allowed within the "WP" Water Protection Overlay Area shall be those of the underlying zoning district, provided they meet all requirements of this zoning overlay district in addition to any applicable requirements established for the underlying zoning district.

2.

Mineral Extraction. Mineral excavation, extraction, mining, or processing of sand, gravel, limestone, or other minerals in accordance with the following:

a.

All applicable provisions of this Section and the approval of an excavation and facilities plan that includes, but is not limited to:

1)

An existing site plan with topographic detail at two (2) foot contour intervals, all planimetric information, depth to groundwater and floodplain 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 soils and/or overburden from the excavations including a landscaping and vegetation plan to stabilize any disturbed material.

5)

Surface Drainage Plan:

A)

Drainage into onsite 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 offsite waterborne regulated substances.

B)

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

6)

A post excavation and operation land use plan.

7)

A security plan. Unauthorized access shall be strictly prohibited as long as any excavations remain on site.

b.

Additional Information to be Submitted for Conditional Approval. One copy of the following additional information and a digital copy shall be submitted with any application for a conditional use permit:

1)

Name of the owner or owners of land from which removal is to be made;

2)

Name of the applicant making request for such a permit;

3)

Name of the person or corporation conducting the actual mining operations;

4)

Location, description and size of the area from which the removal is to be made;

5)

Location of the processing plant to be used and any accessory or kindred operations that may be utilized in connection with the operation of the processing plant by the mining processor or any other firm, person or corporation. The processing plant shall be located as to minimize the problems of dust, dirt and noise, insofar as reasonably possible;

6)

Type of resources or materials to be removed;

7)

Proposed method of removal and whether or not blasting or other use of explosives will be required;

8)

General description of the equipment to be used; and

9)

Method of rehabilitation and reclamation of the mined out area, including a grading plan showing existing contours in the area to be excavated and the proposed future contours showing the topography of the area after completion. Such plan shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.

I.

Existing Land Uses. All legal uses located within the 'WP' area, shall be conforming or nonconforming as defined in Part D and are responsible for supplying a Regulated Substance Activity Inventory Report (RSAIR) as required by the TMDI (determined by peak business cycle). Existing uses and TMDI, in combination with "Hazard Potential Rating" shall run with the land and be administered in conformance with all other applicable nonconforming provisions of this zoning ordinance and the Ohio Revised Code.

J.

Variances to Increase Established TMDI in the Source Water Protection Districts.

a.

Variances to increase established TMDI shall be regulated pursuant to Section 1105.15.C.

b.

Variances to increase TMDI in connection with a prohibited use as enumerated in Section 7 shall be prohibited. Due to the greatest potential for contamination of the region's potable water supply, variances to increase established TMDI within the Miami Well Field shall be prohibited.

c.

A reduction in TMDI shall not require a variance.

d.

Application. An application for a variance to increase established TMDI within the Water Protection Overlay (WP) District may be obtained through the City of Riverside's offices. The applicant shall provide all information requested on the application as well as the application fee.

1)

The Administrator may require a pre-application meeting with the applicant prior to receiving the application. However, no opinions, suggestions, or recommendations discussed may be relied upon by the applicant as a guarantee of subsequent approval or disapproval of the application.

2)

Within five (5) days of receiving an application in the proper form and payment of the application fee, the Administrator may provide copies of the application to the TRC. Copies of the application may also be sent to Dayton Water Department, Montgomery County Public Health, Huber Heights, Harrison Township, and/or Wright Patterson Air Force Base.

e.

Standards for Variance. No variance to increase established TMDI within the WP Overlay District shall be granted unless the Administrator determines that the variance will not pose a significant risk to the contamination of groundwater. In order to obtain such a variance, the applicant must prove all of the following by clear and convincing evidence:

1)

The granting of the variance will not adversely affect the City's well fields or the ability of government water services to be safely delivered and thereby adversely affect the public health, safety or general welfare;

2)

Risk to the Source Water Protection Area posed by the requested variance is negated through proper engineering controls and a Spill Prevention and Response Plan;

3)

The increase the TMDI is in response to changes in the market and/or need to increase production, provided that all other methods to respond to changes in the market and/or to increase production without exceeding the TMDI or reported Regulated Substances have been exhausted;

4)

The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

5)

The variance will be consistent with the general spirit and intent of the Zoning Code and the Source Water Protection Program; and

6)

The variance sought is the minimum that will afford relief to the applicant.

f.

Risk Screening. For a variance request to increase TMDI, the Administrator, or a designated representative, shall evaluate the request using its risk screening methodology. The results of the screening will be used in reviewing and evaluating the request for a variance in addition to the standards listed in Subsection e.

g.

Appeals. Any person adversely affected by any requirement, decision, or determination made by the Administrator, or a designated representative, in the administration or enforcement of Part J of this ordinance may appeal to the Source Water Protection Fund Board. Such appeal shall be made within ten (10) days from the date of the action appealed from by filing an appeal application. The property owner and/or operator shall demonstrate increasing the TMDI would not result in an increase risk to the aquifer and/or ground water through a written proposal to the Administrator at least 30 days prior to the Source Water Protection Fund Board meeting.

K.

Groundwater Protection Standards. TMDI for Regulated Substances. Use of Regulated Substances in conjunction with permitted and conditional uses in this zoning overlay district shall be limited as follows:

1.

Limited Exclusions. A limited exclusion from the provisions of this ordinance is authorized for onsite storage of a maximum one year supply of Regulated Substances which are agricultural chemicals to be used for routine on site agricultural operations provided such substances are stored in standard approved packaging and such substances are applied to cropland under Best Management Practices as indicated by soil tests, the Ohio State University Cooperative Extension Service, the Soil and Water Conservation District and label directions approved by the United States Environmental Protection Agency and 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 locations outside of the Water Protection Overlay Area. This provision does not exempt such agricultural chemicals either stored on site or brought in from other locations from the inventory reporting, spill reporting and underground storage protection requirements of the Water Protection Overlay Area.

2.

Limited exclusions to quantity restrictions. Limited exclusions from the provisions of this ordinance are authorized for Confirming Use Sites:

a.

Routine Category. Regulated Substances associated with routine daily operations, including routine maintenance. The use, storage, handling and/or production of Regulated Substances under this exclusion shall be limited to 160 pounds or 20 gallons at any time.

b.

Non-routine Maintenance or Repair of Property or Equipment. Regulated Substances for the non-routine maintenance or repair of property. The use, storage, handling and/or production of Regulated Substances under this exclusion shall be limited to 50 gallons or 400 pounds at any time.

c.

Medical and Research Laboratory Use. Excluded Regulated Substances for medical and research laboratory purposes, shall be stored, handled or used in containers not to exceed 5 gallons or 40 pounds of each substance and the aggregate inventory of Regulated Substances shall not exceed 250 gallons or 2,000 pounds.

d.

Cleaning Agents. Excluded Regulated Substances which are cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as a product packaged for use by the general public. The aggregate inventory of such cleaning agents shall not exceed 1,600 pounds or 200 gallons at any time. In no case shall Regulated Substances claimed under this exclusion include chlorinated solvents and non-chlorinated solvents which are capable of being derived from petroleum or coal tar.

e.

Construction Materials. Regulated Substances associated with construction for which a permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site provided such Regulated Substances do not pose a real and present danger of contaminating surface and/or ground water.

f.

Office Supplies. Office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use.

3.

Underground Storage Tanks on Nonconforming Use Sites. Notwithstanding other provisions in this section, nonconforming use sites in this zoning overlay district presently using 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 within twelves (12) months from the time the original tank is removed. The operator shall notify the Administrator at least sixty (60) days before the existing tank is removed.

a.

The replacement tanks shall be secondarily contained, monitored, and not exceed the capacity of existing tanks.

b.

The replacement tanks shall be aboveground storage tanks, Gas Stations and Car Washes are exempted from this provision.

c.

Replacement of underground tanks for Regulated Substances other than the above noted fuels and lubricants are not permitted.

L.

Temporary and Discontinued Uses in the Water Protection Overlay District.

1.

Temporary Uses. No temporary use shall be permitted in the Water Protection Overlay Area that would result in the sum of the Regulated Substances being handled by all of the uses on the lot to exceed the lot's TMDI, or to be of a type and quantity of Regulated Substances of such hazard that the facility hazard potential rating assigned to the parcel is exceeded.

2.

Discontinued Uses.

a.

Except in the case of a seasonal discontinuation of operation, in the event any nonresidential property either becomes unoccupied or discontinues operation for a period of ninety (90) consecutive days or longer, the owner or operator shall remove all Regulated Substances and excluded and exempted substances from the property other than those used exclusively for heating, cooling, and providing electrical lighting for the premises. The removal of all Regulated Substances and excluded and exempted substances from such a property must occur within one hundred and fifty (150) days from the date the property first became unoccupied, or operations ceased or were discontinued. The owner or operator shall secure the Regulated Substances and excluded and exempted substances on the property until such time as they have been removed. The owner or operator shall notify the Administrator in writing of the date of the cessation or discontinuation of operation or the property becoming unoccupied no later than twenty-one (21) days from the day upon which operation actually ceases or discontinues or the property becomes unoccupied, and such notification shall include the owner's name, phone number, and address, and the operator's name, phone number, and new address.

b.

Without regard to any other provisions of the codified ordinances of the City of Riverside, Ohio, if a nonconforming use is discontinued or a nonconforming building or structure is vacant on a nonconforming use site and remains so for a continuous period of six (6) months or more within any 12-month period, the Regulated Substances on the former nonconforming use, building, or structure shall not exceed the TMDI limits for conforming use sites.

1)

Removal of Regulated Substances. Any nonresidential use of property that becomes unoccupied or has discontinued operation for a period of ninety (90) consecutive days or more shall remove all Regulated Substances from the property upon which it is located one hundred and fifty (150) days from the date the property first became unoccupied, or operations ceased or were discontinued. The removal of Regulated Substances shall be the responsibility of the property owner. Failure to remove all Regulated Substances in accordance with this ordinance or other applicable State Laws, may result in the City of Riverside taking any and all action necessary to safely remove the Regulated Substances at the property owner's expense.

2)

Extension of Discontinued Uses. At any time, the Administrator may for good cause grant an extension to the above stated timeframes upon the submittal of a written request from the applicant. The written statement must include a detailed reason for the request for an extension and new timeline for continued operations and/or removal of Regulated Substances. The extension granted shall not exceed six (6) months.

M.

Development Standards.

1.

Technical Consultants. Upon application for a Zoning Permit, Development application, and/or Conditional Use application for a use within the "WP" Water Protection Overlay District, the Administrator may employ such technical expertise as needed to ensure compliance with the provisions of this Section. All documented 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 of Riverside to review a Zoning Permit, Development application, and/or Conditional Use application.

2.

No mining of sand and gravel shall be carried on, or any stockpile placed closer than 50 feet to any property line, or such greater distance as specified by the Administrator, where such is deemed necessary for the protection of adjacent property, except that this distance requirement may be reduced by the written consent of the owners of abutting property, but in any such event, adequate lateral support shall be provided for such abutting property. A copy of the written statement granting the adjoining property owner's consent must be submitted to the Administrator and kept on file.

3.

In the event that the site of the mining operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way, except as may otherwise be provided by Ohio R.C. 4153.11.

4.

Any excavated area adjacent to a right-of-way of any public street or road shall be back filled for a distance of 150 feet from the right-of-way line.

5.

Fencing or other suitable barrier, including the planting of multiflora rose, shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Administrator, such fencing or barrier is necessary for the protection of the public safety and shall be of a type specified by the Administrator.

6.

All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in a dust free condition by surfacing or other treatment as may be specified by the Public Service Department Director.

7.

Quarrying shall not be carried out closer than 300 feet to any adjoining property line unless the written consent of the adjoining property owner has first been obtained. A copy of the written statement granting the adjoining property owner's consent must be submitted to the Administrator and kept on file.

8.

The Administrator is authorized to impose such requirements with respect to providing adequate barriers as it may feel necessary to protect the public safety.

N.

Rehabilitation Requirements. All mined out areas shall, within a reasonable length of time, be reclaimed and rehabilitated and the City of Riverside, at its discretion, may fix a bond in a reasonable amount to assure that such rehabilitation and reclamation will be carried out. The Administrator shall be guided by the following standards with respect to rehabilitation and reclamation of mined out areas:

1.

All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the water mark, or shall be graded or back filled with non-noxious, noncombustible and nonflammable solids, to secure:

a.

That the excavated area shall not collect and permit to remain therein, stagnant water; or,

b.

That the surface of such area which is not permanently submerged is graded or back filled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently rolling surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.

2.

The banks of all sand and gravel excavations in a water producing excavation, and to the pit bottom in a dry operation, shall be sloped to the water line, at a slope which will not be less than three (3) feet horizontal to one (1) foot vertical and said banks shall be restored with vegetation in a manner set forth in Section 1113.07.

3.

Vegetation shall be restored by the spreading of sufficient soil and by appropriate seeding of grasses or planting of shrubs and trees in all parts of said mining area where the same is not submerged underwater.

4.

Proper drainage shall be provided for the mined out area.

5.

All equipment and structures shall be removed from the mined out area within six (6) months of the completion of the mining there from.

6.

The Administrator may impose such other reasonable conditions and restrictions as it may deem necessary for the protection of the public and to encourage the mining and processing of the sand and gravel from the authorized area.

7.

Due to the inherent difficulties in reclaiming and rehabilitating areas from which stone has been quarried, the Administrator hereby empowered, in the issuance of a conditional use permit for quarrying operations, to impose such reasonable standards for reclamation as may be necessary to protect the public interest, without unduly restricting the operations of the mine owner.

O.

Reporting Requirements.

1.

Regulated Substance Activity Inventory (RSAIR).

a.

Applicability.

1)

Existing Land Use. Except as provided in Section 1109.05.H.1.b any owner or occupant of any land in the Water Protection Overlay District which has a non-residential use at the effective date of this ordinance, shall file a Regulated Substance Activity Inventory Report with the Administrator. Said report shall be filed within one hundred and eighty (180) days of the effective date of this ordinance and at twenty-four (24) month intervals thereafter. A copy of the report shall be provided to the occupant if different than the owner.

2)

New Land Use. Except as provided in Section 1109.05.H.1.b any owner or occupant of any new land use in the Water Protection Overlay District shall file a Regulated Substance Activity Inventory Report prior to receipt of a Certificate of Zoning Occupancy and at twenty-four (24) month intervals following the date of occupancy.

3)

Where a person owns, operates or occupies more than one location within the Water Protection Overlay District, Regulated Substance Activity Reports shall be made for each location.

b.

Exclusions to Activity Inventory Reporting.

1)

Any exclusion set forth in this paragraph shall apply provided that said exclusion does not substantially increase any risk or hazard to the public health, aquifer, water supply, wells or well fields; and provided further that any spill, leak, discharge or mishandling shall be subject to the provision of this ordinance. 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 uses are limited to categories outlined in Part K.

3)

An exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for the transportation of Regulated Substances through the Water Protection Overlay District provided that the transporting vehicle is in compliance with applicable local, state and federal laws and regulations, and provided that the Regulated Substance is fueling the transporting vehicle or the transporting vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed seventy-two (72) hours.

4)

Motor Vehicle Fuels. Regulated Substances contained in an inoperable Motor Vehicles or watercraft shall not be exempt. Except as provided in Part K, the contents of the tanker portion of a tanker trailer are not excluded from reporting.

5)

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 as identified in Part K 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.

P.

Spills, leaks or discharges.

1.

Notification. Any person with direct knowledge of a spill, leak or discharge of a Regulated Substance within the Water Protection Overlay District shall, if such spill, leak or discharge escapes containment, contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the City of Riverside Fire Dispatcher, within thirty (30) minutes of such spill. 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.

2.

Liability. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City of Riverside in response to such an incident, in addition to the amount of any fines imposed on account 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 and develop and implement procedures to substantially eliminate the likelihood of recurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than one hundred and eighty (180) days after the incident.

3.

Posting. City of Riverside shall post signs inconspicuous places advising transporters of Regulated Substances of notification procedures in the event of a spill or accidental discharge.

Q.

Falsifying information. 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 Ordinance.

R.

Enforcement.

1.

The Administrator shall determine the intensity of each use within this district utilizing the TMDI and the facility hazard potential rating. The two values shall be derived from the Regulated Substance activity inventory report(s) submitted by an existing or proposed new land use in accordance with Part S, and data collected through inspections. No existing use shall handle an amount of Regulated Substances in excess of its TMDI, or a type and quantity of Regulated Substances of such hazard that the facility hazard potential rating assigned to the facility is exceeded.

2.

Application. If any activity or use of Regulated Substance is deemed by the Administrator to be in violation of this ordinance or poses a real and present danger of contaminating surface and/or ground water which would normally enter the public water supply, in accordance with Section 1103.15 or other applicable Local, State, and Federal Laws, the Administrator is authorized to:

a.

Cause cessation of said activity or use of the Regulated Substance;

b.

Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or

c.

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

d.

Access fines against in person who fails to comply with this ordinance in accordance with Section 1103.99.

3.

Considerations. When considering the exercise of any of the above authorities or actions, the Administrator shall notify and consult with the designated representative of the affected water supply to 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 Administrator 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.

4.

Any violation of this ordinance is hereby declared to be a public nuisance. In addition to any other relief provide by Unified Development Ordinance, the Law Director may apply to a court of competent jurisdiction for an injunction to prohibit any violation or threated violation of this ordinance. The Law Director may also sue for monetary damages on behalf of the City.

S.

Hazard potential ranking system. 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 kinds of materials commonly associated with each use looking only at the most critical hydrologic factor.

1.

Table 1—Hazard Potential by Land Use*: Table 1 lists the site hazard potential by land use activity on a scale of 1—9, with 1 being a low hazard and 9 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.

2.

Table 2—Hazard Potential by Material*: Table 2 lists the hazard potential determined on the basis of materials known to be used, stored, or disposed of at a specific site.

*

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.

(Ord No 23-O-826, § 1(Exh A), 5-4-23)