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Somers Township Preble County
City Zoning Code

ARTICLE VIII

DISTRICT REQUIREMENTS

§ 814 FP - FLOODPLAIN OVERLAY STANDARDS.

   A.   General provisions.
      1.   Statutory authorization. This section is adopted pursuant to authorization contained in R.C. §§ 307.37 and 307.85. This resolution adopts regulations for areas of special flood hazard that are necessary for participation in the National Flood Insurance Program. Therefore, the Commissioners of Preble County, State of Ohio does ordain as follows.
      2.   Findings of fact. Preble County has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
      3.   Statement of purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
         a.   Protect human life and health;
         b.   Minimize expenditure of public money for costly flood control projects;
         c.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         d.   Minimize prolonged business interruptions;
         e.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
         f.   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
         g.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
         h.   Have no adverse impact on adjacent properties within and near flood prone areas: No adverse impact (NAI) floodplain management is an approach that ensures the action of any community does not adversely impact the property and rights of others. An adverse impact can be measured by an increase in the flood states, flood velocity, flows, the potential for erosion and sedimentation, degradation of water quality, or increased cost of public services. No adverse impact floodplain management extends beyond the floodplain to include managing development in the watersheds where floodwaters originate. NAI does not mean no development. It means that any adverse impact caused by a project must be mitigated, preferably as provided for in the community or in a watershed based plan;
         i.   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
         j.   Minimize the impact of development on the natural, beneficial values of the floodplain;
         k.   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
         l.   Meet community participation requirements of the National Flood Insurance Program.
      4.   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
         a.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
         b.   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
         c.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
         d.   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
         e.   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
      5.   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Preble County as identified in Section A.6, including any additional areas of special flood hazard annexed by Preble County.
      6.   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
         a.   Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Preble County, Ohio and Incorporated Areas, both effective May 8, 2024.
         b.   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:
            1)   Information available from the Miami Conservancy District;
            2)   Corps of Engineers Floodplain Information Reports;
            3)   U.S. Geological Survey Flood Prone Quadrangles;
            4)   U.S.D.A. Natural Resources Conservation Service - Flood Hazard;
            5)   Analyses Studies and County Soil Surveys;
            6)   Ohio Department of Natural Resources - Flood Hazard Reports and Flood Profile Charts; or
            7)   Other sources acceptable to the Planning Commission.
         c.   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by Preble County as required by Section C.3 Subdivisions and Other New Developments.
         d.   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Preble County Building and Zoning Office, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
      7.   Abrogation and greater restrictions. These regulations are not intended to repeal any existing resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other resolution, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      8.   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
         a.   Considered as minimum requirements;
         b.   Liberally construed in favor of the governing body; and,
         c.   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
      9.   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Preble County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
      10.   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
   B.   Administration.
      1.   Designation of the Floodplain Administrator. The Director of Land Use Management or their designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
      2.   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
         a.   Evaluate applications for permits to develop in special flood hazard areas.
         b.   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         c.   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
         d.   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
         e.   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
         f.   Enforce the provisions of these regulations.
         g.   Provide information, testimony, or other evidence as needed during variance hearings.
         h.   Coordinate map maintenance activities and FEMA follow-up.
         i.   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
      3.   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section A.6, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
      4.   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
         a.   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
         b.   Elevation of the existing, natural ground where structures are proposed.
         c.   Elevation of the lowest floor, including basement, of all proposed structures.
         d.   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
         e.   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
            1)   Floodproofing certification for non-residential floodproofed structure as required in Section C.5.
            2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section C.4.e. are designed to automatically equalize hydrostatic flood forces.
            3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section C.9.c.
            4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section C.9.b.
            5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section C.9.a.
            6)   Generation of base flood elevation(s) for subdivision and other new developments as required by Section C.3.
            7)   A hydrologic and hydraulic engineering analysis to develop base flood elevations and identify base flood elevation changes as a result of the proposed development in any area where no base flood elevations currently exist.
            8)   Volumetric calculations demonstrating compensatory storage has been provided as required by Section C.10.d.
         f.   A floodplain development permit application fee set by the Schedule of Fees adopted by Preble County.
      5.   Review and approval of a floodplain development permit application.
         a.   Review.
            1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section B.4. has been received by the Floodplain Administrator.
            2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
         b.   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this section, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
      6.   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      7.   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
         a.   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
         b.   For all development activities subject to the standards of Section B.11.a., a letter of map revision.
         c.   For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
      8.   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Variance Board in accordance with Section D of these regulations.
      9.   Exemption from filing a development permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.
      10.   State and federal development.
         a.   Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
         b.   Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
            1)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
            2)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
            3)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
         c.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
            1)   Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
      11.   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Preble County's flood maps, studies and other data identified in Section A.6. accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         a.   Requirement to submit new technical data.
            1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a)   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b)   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c)   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
               d)   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section C.3.
            2)   It is the responsibility of the applicant to have technical data, required in accordance with Section B.11.a., prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
            3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
               a)   Proposed floodway encroachments that increase the base flood elevation; and
               b)   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
            4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section B.11.a.1).
         b.   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Commissioners of Preble County, and may be submitted at any time.
         c.   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of Preble County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that Preble County's Flood Insurance Rate Map accurately represent Preble County boundaries, include within such notification a copy of a map of Preble County suitable for reproduction, clearly showing the new corporate limits or the new area for which Preble County has assumed or relinquished floodplain management regulatory authority.
      12.   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
         a.   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
         b.   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
         c.   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D, Appeals and Variances.
         d.   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this section applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      13.   Use of preliminary flood insurance rate map and/or flood insurance study data.
         a.   Zone A:
            1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
            2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
         b.   Zones AE, A1-30, AH, and AO:
            1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
               a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
               b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
            2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section C.9.b. since the data in the draft or preliminary FIS represents the best data available.
         c.    Zones B, C, and X: Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
      14.   Substantial damage determinations. 
         a.   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
            1)   Determine whether damaged structures are located in special flood hazard areas;
            2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
            3)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
         b.   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
   C.   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section A.6., B.12.a., or B.13.:
      1.   Use regulations.
         a.   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Preble County are allowed provided they meet the provisions of these regulations.
         b.   Prohibited uses.
            1)   Critical development in special flood hazard areas.
            2)   New construction of development used for human habitation in the regulatory floodway.
      2.   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
         b.   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
         c.   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
      3.   Subdivisions and other new developments.
         a.   All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
         b.   All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
         c.   All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
         d.   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
         e.   The applicant shall meet the requirement to submit technical data to FEMA in Section B.11.a.1)d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section C.3.d.
      4.   Residential structures. The requirements of Section C.4. apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (C.4.a) and construction materials resistant to flood damage (C.4.b) are satisfied.
         b.   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
         c.   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
         d.   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         e.   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
            1)   Be used only for the parking of vehicles, building access, or storage; and
            2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
            3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
         f.   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
         g.   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section C.4.
      5.   Nonresidential structures. The requirements of Section C.5. apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section C.4.a. - c. and e. - g.
         b.   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
            1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
            2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
            3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section C.5.b.1) and 2).
      6.   Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
         a.   They shall not be used for human habitation;
         b.   They shall be constructed of flood resistant materials;
         c.   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         d.   They shall be firmly anchored to prevent flotation;
         e.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
         f.   They shall meet the opening requirements of Section C.4.e.3);
      7.   Recreational vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
         a.   They shall not be located on sites in special flood hazard areas for more than 180 days, or
         b.   They must be fully licensed and ready for highway use, or
         c.   They must be placed on the site pursuant to a floodplain development permit issued under Sections B.3. and B.4., and meet all standards of Section C.4.
      8.   Gas or liquid storage tanks. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      9.   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
         a.   Development in floodways.
            1)   In order to promote health, safety, and welfare of the citizens of Preble County, no development that is for human habitation will be permitted in floodways.
            2)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
            3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   Meet the requirements to submit technical data in Section B.11.a.;
               b)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
               c)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
               d)   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
               e)   Concurrence of the Commissioners of Preble County and the Chief Executive Officer of any other communities impacted by the proposed actions.
         b.   Development in riverine areas with base flood elevations but no floodways.
            1)   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
            2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
               b)    Section C.9.a.3), items a) and c) - e).
         c.   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
            1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
            2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
            3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Preble County specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
            4)   The applicant shall meet the requirements to submit technical data in Section B.11.a.1)c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      10.   Fill. The following standards apply to all fill activities in special flood hazard areas and must be approved by the County Engineer.
         a.   Fill sites, upon which structures will be constructed or placed, must be compacted to ninety-five (95) percent of the maximum density obtainable with the Standards Proctor Test method or an acceptable equivalent method.
         b.   Fill slopes shall not be steeper than one (1) foot vertical to two (2) feet horizontal.
         c.   Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of more than five (5) feet per second armoring with stone or rock protection shall be provided. When expected velocities during base flood are five (5) feet per second or less, protection shall be provided by covering them with vegetative cover.
         d.   Fill shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site. Maps are required showing location and volume of these areas. Compensatory storage areas must be:
            1)   Open to the Floodplain Administrator for inspection;
            2)   A permanent component of the property receiving the variance and must be repaired or replaced by the owner of the property, if silted in or otherwise compromised;
            3)   Above the water table, i.e. the storage cannot hold water other than in times of flooding; and
            4)   In the same drainage system.
   D.   Appeals and variances.
      1.   Powers and duties.
         a.   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. The Preble County Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Preble County Zoning Resolution Articles XIV and XV. Records of the Appeals Board shall be kept and filed in the Preble County Microfilm Department, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
         b.   Authorize variances in accordance with Section D.3. of these regulations.
      2.   Appeals.
         a.   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
         b.   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
      3.   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
         a.   Application for a variance.
            1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
            2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
            3)   All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by Preble County, as determined by the Office of Land Use Management.
         b.   Public hearing.
            1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
               a)   The danger that materials may be swept onto other lands to the injury of others.
               b)   The danger to life and property due to flooding or erosion damage.
               c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
               d)   The importance of the services provided by the proposed facility to the community.
               e)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
               f)   The necessity to the facility of a waterfront location, where applicable.
               g)   The compatibility of the proposed use with existing and anticipated development.
               h)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
               i)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
               j)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
               k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
            2)   Variances shall only be issued upon:
               a)   A showing of good and sufficient cause.
               b)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
               c)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
               d)   A determination that the structure or other development is protected by methods to minimize flood damages.
               e)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
         c.   Other conditions for variances.
            1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
            2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section D.3.b.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
            3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      4.   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Preble County Court of Common Pleas, pursuant to R.C. Chapter 2506.
   E.   Enforcement.
      1.   Compliance required.
         a.   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section B.9.
         b.   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section E.3.
         c.   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section E.3.
      2.   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, they shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
         a.   Be put in writing on an appropriate form;
         b.   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
         c.   Specify a reasonable time for performance;
         d.   Advise the owner, operator, or occupant of the right to appeal;
         e.   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
      3.   Violations and penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of Preble County. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Preble County from taking such other lawful action as is necessary to prevent or remedy any violation. Preble County shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Res. 669-94-72, § 814, effective 4-5-1995; Res. effective 3-3-2006; Res. 80-13-159, effective 7-5-2013; Res. 190-14-164, effective 8-1-2014; Res. 56-18-182, effective 1-5-2018; Res. 196-24-206, effective 5-2-2024) Penalty, see § 511

§ 801.01 PURPOSE.

   A.   This district is established for either of the following purposes:
      1.   To protect land best suited for agricultural use from the encroachment of incompatible land uses and to preserve valuable agricultural land for agricultural uses; and
      2.   To protect the open area from the encroachment of scattered urban type uses permanently or until such time as the area is ready for more intensive development and can be provided with urban services.
   B.   Lands within the Agricultural District are used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health or even death arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides, and pesticides.
   C.   Owners, residents, and users of this property should be prepared to accept these conditions and are hereby put on official notice that “right to farm” provisions within the Ohio Revised Code may bar them from obtaining a legal judgment against such normal agricultural operations.
(Res. 669-94-72, § 801.01, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 801.02 USES.

   A.   Permitted uses.
      1.   Agriculture;
      2.   One 1-family dwelling;
      3.   Home occupations, § 1103.02 AA.;
      4.   Sale of produce and plants raised on the premises, or seasonal sale of produce and plants not raised on the premises, provided that any structures associated with such sales shall be only those structures ordinarily used for the sale of produce and plants raised on the premises; and
      5.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      6.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      7.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      8.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Commercial animal sales lots and/or feed lots;
      2.   [Reserved];
      3.   Cemeteries, § 1103.02 M.;
      4.   Kennels, animal hospitals, and riding stables, § 1103.022 D.;
      5.   Soil removal, sand and gravel extraction operations, § 1103.02 W.;
      6.   Private sanitary landfill, § 1103.02 HH.;
      7.   Land application of sewage sludge, § 1103.02 II.;
      8.   Publicly or privately owned and operated airport or landing fields, § 1103.02 C.;
      9.   Radio, television, microwave, or other transmission towers and/or associated facilities, § 1103.02 LL.;
      10.   Churches and other buildings for the purpose of religious worship, § 1103.02 N.;
      11.   Schools and associated facilities for academic instruction, § 1103.02 JJ.;
      12.   Private and publicly owned commercial and noncommercial recreation areas, uses, and facilities, including fishing lakes, swimming pools, country clubs, golf courses, parks, forests, wildlife preserves, and similar areas and uses;
      13.   Airport or aircraft landing facility, § 1103.02 C.;
      14.   Guest house, § 1103.02 Z.;
      15.   Bed and breakfast homes and inns, § 1103.02 I.; and
      16.   Intensive agricultural uses, § 1103.02 CC.
   C.   Uses requiring special approval, special use provision.
      1.   a.   One single-family residence located upon a single site of more than three (3) acres, but less than forty (40) acres and not subdividable further without additional zoning approval; and
         b.   Permitted dwelling as specified including a noncommercial guest house, § 1103.02 Z.
      2.   a.   Approval of such uses shall be subject to the following:
            1)   In addition to pertinent information required by the county’s rezoning application, the applicant shall submit a site plan of the proposed development which shall contain the following information:
               a)   A sketch map drawn to scale not less than one (1) inch equals forty (40) feet, complete with north arrow, date, name and address of property owner or lessee, and name and firm address of the professional individual responsible for the preparation of the site plan (if such was involved);
               b)   Existing features of the site, including topography (contour intervals shall be shown at two (2) foot intervals for average slopes of ten (10) percent and under, and five (5) foot intervals for average slopes over ten (10) percent), significant wooded areas, streams, drainage ways, and any existing structures and driveways upon the site;
               c)   Subsurface conditions on the tract including the location and results of tests made to ascertain the conditions of subsurface soil, rock, and existing depth and adequacy of ground water, if on-site sewage disposal and water supply are proposed;
               d)   Plan of proposed development showing proposed location and general dimensions of structures, proposed driveway(s), and location of any wall, fencing, or landscaped screening proposed; and
               e)   Provision for water, sanitary, and storm water facilities.
                  (1)   If proposal is to utilize municipal and/or county facilities, provide details of the connection including distance to nearest central utilities.
                  (2)   If on-site facilities are proposed, indicate type of system proposed, location, and general construction plans.
         b.   The proposed plan shall be reviewed by the Planning Commission, Rural Zoning Board, and County Commissioners. Review will be guided by those standards established for review of conditional uses by the Board of Zoning Appeals, more specifically § 1103.01B through I, of the County Rural Zoning Resolution. Approval shall be conducted in conformity with the provisions of Article XIII of the PCRZR (this code).
            1)   If disapproved, an application for special use cannot be resubmitted within a year of the initial submission unless evidence of significantly changed conditions is presented by the applicant.
            2)   If approved, the approval site plan shall be certified and filed with the County Recorder similarly to the recording of a subdivision plat. Evidence of the recording should be a prerequisite to the issuance of a building permit.
            3)   Failure to record the plan within twelve (12) months of its approval by the County Commissioners shall render the approval null and void.
            4)   The aforementioned provisions shall not alleviate any responsibilities an applicant and/or developer may incur, if subject to provisions of the County Subdivision Regulations.
(Res. 669-94-72, § 801.02, effective 4-5-1995; Res. effective 1-3-1996; Res. effective 10-29-1997; Res. effective 1-3-2003; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 57-18-182, effective 1-5-2018; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 801.03 SITE DEVELOPMENT REGULATIONS (PERMITTED USES ONLY).

   A.   Lot requirements.
      1.   Minimum lot area, forty (40) acres. Exception: in instances where a farm homestead dwelling unit was in existence prior to the adoption of the County Rural Zoning Resolution in the township in which the farm homestead dwelling unit is located, it will be permissible to split the dwelling unit and such outbuildings as may be desired from the balance of the land subject to the following conditions:
         a.   Only one such split may be made for a particular farm homestead dwelling unit;
         b.   In no instance shall the split authorized by this exception create a nonconforming tract other than the dwelling homestead tract. The original tract from which the split is made must be a conforming Agricultural District tract after the split. If the farm homestead dwelling unit exists on a nonconforming tract, no further split shall be allowed under this exception;
         c.   There shall be sufficient land included in the dwelling homestead tract to ensure proper sanitary sewage disposal, as determined by the County Board of Health; and
         d.   Agricultural District yard requirements (this section) shall be adhered to wherever physically possible.
      2.   Minimum lot width, 300 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 65 feet;
      2.   Minimum rear yard depth, 60 feet; and
      3.   Minimum side yard width on each side, 50 feet.
   C.   Notes.
      1.   Lot, yard, and structural requirements shall not apply to agricultural structures except those required for health and safety reasons.
      2.   Conditional uses shall comply with all pertinent development standards contained in Article XI.
(Res. 669-94-72, § 801.03, effective 4-5-1995; Res. effective 10-29-1997; Res. effective 5-30-2003; Res. 80-13-159, effective 7-5-2013)

§ 801.04 STRUCTURE REQUIREMENTS.

   1.   Maximum building height, 35 feet. (Including agricultural buildings on greater than 1.0 acres but not greater than 5.0 acres.)
(Res. 669-94-72, § 801.04, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

§ 801.05 PARKING REQUIREMENTS.

   1.   See Article IX for off-street parking requirements.
(Res. 669-94-72, § 801.05, effective 4-5-1995)

§ 801.06 SIGNS.

   1.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 801.06, effective 4-5-1995)

§ 802.01 PURPOSE.

   This district is designed to accommodate the grouping of agriculturally oriented industries and businesses in close proximity to areas of agricultural production. Examples of uses that might be appropriate to such a zone are commodity sorting, grading and packing shed; product collecting and assembly terminals; feed concentrate mills; and agricultural machinery sales and service establishments.
(Res. 669-94-72, § 802.01, effective 4-5-1995)

§ 802.02 USES.

   A.   Permitted uses.
      1.   Agricultural (excluding intensive agriculture uses);
      2.   Agriculturally oriented commercial and industrial uses such as farm implement sales and service, commodity sorting, grading and packing;
      3.   Feed or grain mills, agricultural wholesaling or processing facilities;
      4.   Cold storage plants;
      5.   Hardware stores;
      6.   Building materials storage and sales;
      7.   Restaurants, but not including drive-ins or fast-food establishments;
      8.   Veterinary offices, hospitals, clinics, kennels, or pounds;
      9.   Publicly owned and operated buildings and facilities;
      10.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      11.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      12.   Ham radio towers (if conditions in § 1103.02 SS. are met); and
      13.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Automobile service stations, § 1103.02E;
      2.   Garages for storage and repair of motor vehicles, § 1103.02E; and
      3.   Fast-food and/or drive-in establishments, § 1103.02T.
(Res. 669-94-72, § 802.02, effective 4-5-1995; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 802.03 SITE DEVELOPMENT REGULATIONS (PERMITTED USES ONLY).

   A.   Lot requirements.
      1.   Minimum lot area, 20,000 square feet; and
      2.   Minimum lot width, 100 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 25 feet;
      2.   Minimum rear yard depth, 40 feet; and
      3.   Minimum side yard width on each side, 10 feet.
   C.   Notes.
      1.   Site development regulations may be varied based upon review of individual case characteristics as well as utilization of central sewer.
      2.   Lot, yard, and structural requirements shall not apply to agricultural structures except those required for health and safety reasons.
      3.   Conditional uses shall comply with all pertinent development standards contained in Article XI.
(Res. 669-94-72, § 802.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)
   A.   Permitted uses.
      1.   Single-family dwellings, detached and attached;
      2.   Two-family dwellings;
      3.   Multifamily dwellings;
      4.   Housing for the elderly;
      5.   Foster care residential facilities, § 1103.02 Q. (see Article XVI, definitions);
      6.   Congregate housing, § 1103.02 R. (see Article XVI, definitions);
      7.   Publicly owned and operated building and facilities, except those uses listed under conditional uses;
      8.   Accessory buildings incidental to the principal use which do not include any activity conducted as a business. Such facilities are subject to regulation under § 815;
      9.   Home occupations (see § 1103.02 AA.);
      10.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      11.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      12.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   All conditional uses permitted as such within the SR District with the exception of those uses which are listed as permitted uses within this district;
      2.   Townhouses, § 1103.02 MM.;
      3.   Intermediate care homes, § 1103.02 Q. (see Article XVI, definitions);
      4.   Halfway houses, § 1103.02 Q. (see Article XVI, definitions);
      5.   Residential conversions (see Article XVI, definitions); and
      6.   Bed and breakfast homes and inns, § 1103.02 I.
(Res. 669-94-72, § 806.02, effective 4-5-1995; Res. 81-13-159, effective 5-3-2013; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 57-18-182, effective 1-5-2018; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)
   A.   Permitted uses.
      1.   Business and professional offices, finance, insurance, real estate offices, banks (except drive-in type);
      2.   Research and development laboratories;
      3.   Medical and dental clinics;
      4.   Funeral homes;
      5.   Barber and beauty shops;
      6.   Instructional studios;
      7.   Churches;
      8.   Radio and television broadcasting studios;
      9.   Accessory buildings and uses incidental to the principal use. Regulations governing accessory facilities and uses are specified in § 815;
      10.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      11.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      12.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review in accordance with Article XI:
      1.   Retail and service uses such as restaurants, drug stores, barber and beauty shops, tobacconists, gift shops, but only when located entirely within a building or structure containing primarily a use or uses permitted in this district;
      2.   Hospitals, § 1103.02BB;
      3.   Business and industrial sales–service establishments where a stock of goods may be maintained on the premises for local or regional transport and sales to customers, provided that retail sales do not comprise a major portion of the total business;
      4.   Printing establishments; and
      5.   Veterinarian offices, § 1103.02D.
(Res. 669-94-72, § 807.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)
   A.   Permitted uses.
      1.   Small food stores such as bakery shops, retail only; candy and ice cream stores; drug stores; grocery and delicatessen stores; carry-out beverage and snack shops; pizzerias carry-out only;
      2.   Hardware and paint stores;
      3.   Shoe repair shops;
      4.   Barber and beauty shops;
      5.   Pickup stations for dry cleaning and laundry; dry cleaning and laundromats of the self- service type;
      6.   Shops producing merchandise to be sold on the premises, provided that not more than five (5) persons are employed on the premises in such production;
      7.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      8.   Home occupation (see § 1103.02AA);
      9.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      10.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      11.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Auto service stations, § 1103.02E;
      2.   Supermarkets;
      3.   Public libraries, § 1103.02N; and
      4.   Bed and breakfast homes and inns, § 1103.02I.
(Res. 669-94-72, § 808.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)
   A.   Permitted uses.
      1.   All permitted uses as provided within the Convenience Business District;
      2.   Department stores;
      3.   Establishments engaged in the retail trade of: drugs, book and stationary stores, apparel stores, florist shops, antique stores, sporting goods stores, jewelry stores, optical goods stores, furniture, home furnishings, cameras, photo supplies, hobby shops, music, musical instruments, pet sales and supplies, radio and television sales and service, newsstands, and similar retail activities;
      4.   Office equipment and office supply stores;
      5.   Establishments engaged primarily in the fields of finance, insurance, and real estate such as banks, credit agencies, investment firms, and real estate and insurance offices;
      6.   Miscellaneous business services such as advertising, news syndicates and employment agencies, travel bureaus, and ticket offices;
      7.   Engineering and architectural services, legal services, accounting, auditing, and bookkeeping services;
      8.   Nonprofit, professional, service, charitable, and labor organizations;
      9.   Dance studios and schools;
      10.   Theaters, not including drive-ins;
      11.   Restaurants, not including drive-in or fast-food;
      12.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      13.   Bed and breakfast homes and inns;
      14.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      15.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      16.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Business in the character of a drive-in or open front store (including service stations, drive- in and fast-food restaurants), § 1103.02 E., T.;
      2.   Indoor recreation (wholly enclosed places of recreation and amusement), i.e., bowling alleys, billiard halls, indoor tennis centers, indoor skating rinks, assembly or concert halls, § 1103.02 J., Y.;
      3.   Night clubs, discotheques, etc., § 1103.02 H.;
      4.   Facilities for the exclusive sale, rent, or lease of new or secondhand automobiles, trucks, motorcycles, boat and marine equipment, mobile homes, recreational vehicles, and trailers;
      5.   Commercial swimming pools;
      6.   Builder supplies, garden supplies, § 1103.02 K., KK.;
      7.   General automotive repair garages, § 1103.02 E.;
      8.   Car washes, § 1103.02 L.;
      9.   Motels, § 1103.02 DD.;
      10.   Agricultural implement sales and services, § 1103.02 B.;
      11.   Hay, grain, and feed stores, § 1103.02 B.;
      12.   Veterinary hospitals, clinics, kennels, or pounds, § 1103.02 D.;
      13.   Churches, mortuaries, § 1103.02 N., X.; and
      14.   Adult entertainment facilities, § 1103.02 A.
(Res. 669-94-72, § 809.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)
   A.   Permitted uses.
      1.   Automobile service stations; car washes;
      2.   Truck service centers and repair facilities;
      3.   Drive-in and fast-food restaurants (subject to standards contained in Article XI);
      4.   Restaurants and/or lounges;
      5.   Autos and truck rental; new and used car, truck or motorcycles sales and service; boat and marine equipment sales, rental, and service; trailer sales and rentals;
      6.   Body shops;
      7.   Mobile home sales;
      8.   Drive-in theaters (subject to standards contained in Article XI);
      9.   Farm equipment sales and service;
      10.   Store and lock facilities;
      11.   Lumber yards;
      12.   Tool and equipment rental facilities;
      13.   Animal hospitals;
      14.   Greenhouses;
      15.   Plant materials nursery, for the sale of plant materials not necessarily grown on the same premises;
      16.   Par 3 golf courses, miniature golf, driving ranges;
      17.   Accessory buildings incidental to the permitted use (regulations governing accessory facilities and uses are specified in § 815);
      18.   Motels;
      19.   Bed and breakfast homes and inns;
      20.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      21.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      22.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional use is subject to review and conditions in accordance with Article XI:
      1.   Adult entertainment facilities, § 1103.02A.
(Res. 669-94-72, § 810.02, effective 4-5-1995; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 802.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 75 feet. (Including agricultural buildings on greater than 1.0 acres but not greater than 5.0 acres.)
(Res. 669-94-72, § 802.04, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

§ 802.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 802.05, effective 4-5-1995)

§ 802.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 802.06, effective 4-5-1995)

§ 803.01 PURPOSE.

   This district is intended to provide areas for large lot, single-family residential development reflecting a very low density, open space character, generally designed for outlying, but non-prime agricultural areas. This district is particularly suitable within areas of unique physical characteristics such as woodlands, irregular topography, adjacency to stream corridors, etc. Such a district classification is also compatible with existing such residential areas within the county, as well as functions as a transitional area between agricultural areas and more urban areas.
(Res. 669-94-72, § 803.01, effective 4-5-1995)

§ 803.02 USES.

   A.   Permitted uses.
      1.   Single-family dwellings;
      2.   Publicly owned and operated buildings and facilities except those uses listed under conditional uses;
      3.   Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business. Such facilities are subject to review under § 815;
      4.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      5.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      6.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and regulation in accordance with Article XI:
      1.   Governmentally owned and/or operated parks and recreational facilities;
      2.   Private noncommercial recreational areas and facilities of an open space nature, such as golf courses, tennis courts, country clubs, etc., § 1103.02P;
      3.   Churches, § 1103.02N;
      4.   Cemeteries, § 1103.02M;
      5.   Home occupation, § 1103.02AA;
      6.   Radio, television, and telecommunications transmission/receiving towers, § 1103.02LL;
      7.   Cluster housing;
      8.   Guest house, § 1103.02Z; and
      9.   Bed and breakfast homes and inns, § 1103.02I.
(Res. 669-94-72, § 803.02, effective 4-5-1995; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 803.03 SITE DEVELOPMENT REGULATIONS (PERMITTED USES ONLY).

   A.   Lot requirements.
      1.   Minimum lot area, 2 acres; and
      2.   Minimum lot frontage, 200 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 50 feet;
      2.   Minimum rear yard depth, 50 feet; and
      3.   Minimum side yard width on each side, 25 feet.
(Res. 669-94-72, § 803.03, effective 4-5-1995)

§ 803.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 35 feet; and
   B.   Maximum lot coverage, 10%.
(Res. 669-94-72, § 803.04, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)
   A.   Permitted uses.
      1.   All permitted and conditional uses as provided within the Limited Industrial District with the exception of those uses defined as conditional uses within this district;
      2.   Cement block and formed products manufacturing;
      3.   Railroad train yards, classification yard, team tracks, and depots;
      4.   Sawing and planing mills;
      5.   Chemical products such as drugs, paints, wood chemicals, and allied chemicals;
      6.   Stone, clay, glass, brick abrasives, tile, and related products;
      7.   Fabricated metal manufacturing, including ordinance, engines, machinery, electrical equipment, transportation equipment, metal stamping, wire products, and structural metal products;
      8.   Meat packing;
      9.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      10.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      11.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      12.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Asphalt or asphalt products, bulk storage stations for liquid fuel, petroleum products, petroleum, and volatile oils;
      2.   Concrete mixing plants;
      3.   Bulk storage of corrosive acids and acid derivatives;
      4.   Fertilizer manufacturing;
      5.   Garbage or refuse reduction or transfer;
      6.   Sanitary landfill, § 1103.02HH;
      7.   Incinerators;
      8.   Glue manufacturing;
      9.   Slaughter house, rendering plant;
      10.   Paper products manufacture;
      11.   Plastics manufacturing;
      12.   Rubber processing or manufacturing;
      13.   Mining, mixing, processing, and transportation of stone, sand, or gravel aggregate, § 1103.02W;
      14.   Manufacturing or processing of asphalt products;
      15.   Soap manufacturing;
      16.   Steel manufacturing;
      17.   Junk yards and auto graveyards, § 1103.02F;
      18.   Radio, television, or other transmission towers and related station facilities, § 1103.02LL;
      19.   Automobile service stations, § 1103.02E;
      20.   Drive-in restaurants, § 1103.02T;
      21.   Cocktail lounges, § 1103.02H;
      22.   Airport, heliport, or landing strip, § 1103.02C;
      23.   Land application of sewage sludge, § 1103.02II;
      24.   Commercial solar energy systems less than 50 MW to generate energy to be sold, § 1103.02 TT;
      25.   Other manufacturing, processing, or storage uses determined by the Board of Zoning of Appeals to be of the same general character as the permitted uses previously listed and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic, or noxious matter, or glare or heat. In this regard, the Board of Zoning Appeals may seek expert advice on what conditions should be imposed on a particular operation to carry out the purposes of this zone; the cost of such expert assistance shall be borne by the applicant; and
      26.   Commercial wind energy systems less than 5 MW to generate energy to be sold, § 1103.02 OO.
(Res. 669-94-72, § 812.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)
   A.   General provisions.
      1.   Statutory authorization. This section is adopted pursuant to authorization contained in R.C. §§ 307.37 and 307.85. This resolution adopts regulations for areas of special flood hazard that are necessary for participation in the National Flood Insurance Program. Therefore, the Commissioners of Preble County, State of Ohio does ordain as follows.
      2.   Findings of fact. Preble County has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
      3.   Statement of purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
         a.   Protect human life and health;
         b.   Minimize expenditure of public money for costly flood control projects;
         c.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         d.   Minimize prolonged business interruptions;
         e.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
         f.   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
         g.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
         h.   Have no adverse impact on adjacent properties within and near flood prone areas: No adverse impact (NAI) floodplain management is an approach that ensures the action of any community does not adversely impact the property and rights of others. An adverse impact can be measured by an increase in the flood states, flood velocity, flows, the potential for erosion and sedimentation, degradation of water quality, or increased cost of public services. No adverse impact floodplain management extends beyond the floodplain to include managing development in the watersheds where floodwaters originate. NAI does not mean no development. It means that any adverse impact caused by a project must be mitigated, preferably as provided for in the community or in a watershed based plan;
         i.   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
         j.   Minimize the impact of development on the natural, beneficial values of the floodplain;
         k.   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
         l.   Meet community participation requirements of the National Flood Insurance Program.
      4.   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
         a.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
         b.   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
         c.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
         d.   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
         e.   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
      5.   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Preble County as identified in Section A.6, including any additional areas of special flood hazard annexed by Preble County.
      6.   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
         a.   Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Preble County, Ohio and Incorporated Areas, both effective May 8, 2024.
         b.   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:
            1)   Information available from the Miami Conservancy District;
            2)   Corps of Engineers Floodplain Information Reports;
            3)   U.S. Geological Survey Flood Prone Quadrangles;
            4)   U.S.D.A. Natural Resources Conservation Service - Flood Hazard;
            5)   Analyses Studies and County Soil Surveys;
            6)   Ohio Department of Natural Resources - Flood Hazard Reports and Flood Profile Charts; or
            7)   Other sources acceptable to the Planning Commission.
         c.   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by Preble County as required by Section C.3 Subdivisions and Other New Developments.
         d.   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Preble County Building and Zoning Office, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
      7.   Abrogation and greater restrictions. These regulations are not intended to repeal any existing resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other resolution, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      8.   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
         a.   Considered as minimum requirements;
         b.   Liberally construed in favor of the governing body; and,
         c.   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
      9.   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Preble County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
      10.   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
   B.   Administration.
      1.   Designation of the Floodplain Administrator. The Director of Land Use Management or their designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
      2.   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
         a.   Evaluate applications for permits to develop in special flood hazard areas.
         b.   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         c.   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
         d.   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
         e.   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
         f.   Enforce the provisions of these regulations.
         g.   Provide information, testimony, or other evidence as needed during variance hearings.
         h.   Coordinate map maintenance activities and FEMA follow-up.
         i.   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
      3.   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section A.6, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
      4.   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
         a.   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
         b.   Elevation of the existing, natural ground where structures are proposed.
         c.   Elevation of the lowest floor, including basement, of all proposed structures.
         d.   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
         e.   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
            1)   Floodproofing certification for non-residential floodproofed structure as required in Section C.5.
            2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section C.4.e. are designed to automatically equalize hydrostatic flood forces.
            3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section C.9.c.
            4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section C.9.b.
            5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section C.9.a.
            6)   Generation of base flood elevation(s) for subdivision and other new developments as required by Section C.3.
            7)   A hydrologic and hydraulic engineering analysis to develop base flood elevations and identify base flood elevation changes as a result of the proposed development in any area where no base flood elevations currently exist.
            8)   Volumetric calculations demonstrating compensatory storage has been provided as required by Section C.10.d.
         f.   A floodplain development permit application fee set by the Schedule of Fees adopted by Preble County.
      5.   Review and approval of a floodplain development permit application.
         a.   Review.
            1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section B.4. has been received by the Floodplain Administrator.
            2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
         b.   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this section, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
      6.   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      7.   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
         a.   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
         b.   For all development activities subject to the standards of Section B.11.a., a letter of map revision.
         c.   For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
      8.   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Variance Board in accordance with Section D of these regulations.
      9.   Exemption from filing a development permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.
      10.   State and federal development.
         a.   Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
         b.   Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
            1)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
            2)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
            3)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
         c.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
            1)   Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
      11.   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Preble County's flood maps, studies and other data identified in Section A.6. accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         a.   Requirement to submit new technical data.
            1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a)   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b)   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c)   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
               d)   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section C.3.
            2)   It is the responsibility of the applicant to have technical data, required in accordance with Section B.11.a., prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
            3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
               a)   Proposed floodway encroachments that increase the base flood elevation; and
               b)   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
            4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section B.11.a.1).
         b.   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Commissioners of Preble County, and may be submitted at any time.
         c.   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of Preble County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that Preble County's Flood Insurance Rate Map accurately represent Preble County boundaries, include within such notification a copy of a map of Preble County suitable for reproduction, clearly showing the new corporate limits or the new area for which Preble County has assumed or relinquished floodplain management regulatory authority.
      12.   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
         a.   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
         b.   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
         c.   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D, Appeals and Variances.
         d.   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this section applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      13.   Use of preliminary flood insurance rate map and/or flood insurance study data.
         a.   Zone A:
            1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
            2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
         b.   Zones AE, A1-30, AH, and AO:
            1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
               a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
               b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
            2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section C.9.b. since the data in the draft or preliminary FIS represents the best data available.
         c.    Zones B, C, and X: Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
      14.   Substantial damage determinations. 
         a.   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
            1)   Determine whether damaged structures are located in special flood hazard areas;
            2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
            3)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
         b.   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
   C.   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section A.6., B.12.a., or B.13.:
      1.   Use regulations.
         a.   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Preble County are allowed provided they meet the provisions of these regulations.
         b.   Prohibited uses.
            1)   Critical development in special flood hazard areas.
            2)   New construction of development used for human habitation in the regulatory floodway.
      2.   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
         b.   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
         c.   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
      3.   Subdivisions and other new developments.
         a.   All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
         b.   All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
         c.   All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
         d.   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
         e.   The applicant shall meet the requirement to submit technical data to FEMA in Section B.11.a.1)d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section C.3.d.
      4.   Residential structures. The requirements of Section C.4. apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (C.4.a) and construction materials resistant to flood damage (C.4.b) are satisfied.
         b.   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
         c.   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
         d.   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         e.   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
            1)   Be used only for the parking of vehicles, building access, or storage; and
            2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
            3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
         f.   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
         g.   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section C.4.
      5.   Nonresidential structures. The requirements of Section C.5. apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section C.4.a. - c. and e. - g.
         b.   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
            1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
            2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
            3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section C.5.b.1) and 2).
      6.   Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
         a.   They shall not be used for human habitation;
         b.   They shall be constructed of flood resistant materials;
         c.   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         d.   They shall be firmly anchored to prevent flotation;
         e.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
         f.   They shall meet the opening requirements of Section C.4.e.3);
      7.   Recreational vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
         a.   They shall not be located on sites in special flood hazard areas for more than 180 days, or
         b.   They must be fully licensed and ready for highway use, or
         c.   They must be placed on the site pursuant to a floodplain development permit issued under Sections B.3. and B.4., and meet all standards of Section C.4.
      8.   Gas or liquid storage tanks. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      9.   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
         a.   Development in floodways.
            1)   In order to promote health, safety, and welfare of the citizens of Preble County, no development that is for human habitation will be permitted in floodways.
            2)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
            3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   Meet the requirements to submit technical data in Section B.11.a.;
               b)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
               c)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
               d)   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
               e)   Concurrence of the Commissioners of Preble County and the Chief Executive Officer of any other communities impacted by the proposed actions.
         b.   Development in riverine areas with base flood elevations but no floodways.
            1)   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
            2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
               b)    Section C.9.a.3), items a) and c) - e).
         c.   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
            1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
            2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
            3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Preble County specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
            4)   The applicant shall meet the requirements to submit technical data in Section B.11.a.1)c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      10.   Fill. The following standards apply to all fill activities in special flood hazard areas and must be approved by the County Engineer.
         a.   Fill sites, upon which structures will be constructed or placed, must be compacted to ninety-five (95) percent of the maximum density obtainable with the Standards Proctor Test method or an acceptable equivalent method.
         b.   Fill slopes shall not be steeper than one (1) foot vertical to two (2) feet horizontal.
         c.   Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of more than five (5) feet per second armoring with stone or rock protection shall be provided. When expected velocities during base flood are five (5) feet per second or less, protection shall be provided by covering them with vegetative cover.
         d.   Fill shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site. Maps are required showing location and volume of these areas. Compensatory storage areas must be:
            1)   Open to the Floodplain Administrator for inspection;
            2)   A permanent component of the property receiving the variance and must be repaired or replaced by the owner of the property, if silted in or otherwise compromised;
            3)   Above the water table, i.e. the storage cannot hold water other than in times of flooding; and
            4)   In the same drainage system.
   D.   Appeals and variances.
      1.   Powers and duties.
         a.   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. The Preble County Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Preble County Zoning Resolution Articles XIV and XV. Records of the Appeals Board shall be kept and filed in the Preble County Microfilm Department, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
         b.   Authorize variances in accordance with Section D.3. of these regulations.
      2.   Appeals.
         a.   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
         b.   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
      3.   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
         a.   Application for a variance.
            1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
            2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
            3)   All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by Preble County, as determined by the Office of Land Use Management.
         b.   Public hearing.
            1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
               a)   The danger that materials may be swept onto other lands to the injury of others.
               b)   The danger to life and property due to flooding or erosion damage.
               c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
               d)   The importance of the services provided by the proposed facility to the community.
               e)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
               f)   The necessity to the facility of a waterfront location, where applicable.
               g)   The compatibility of the proposed use with existing and anticipated development.
               h)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
               i)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
               j)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
               k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
            2)   Variances shall only be issued upon:
               a)   A showing of good and sufficient cause.
               b)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
               c)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
               d)   A determination that the structure or other development is protected by methods to minimize flood damages.
               e)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
         c.   Other conditions for variances.
            1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
            2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section D.3.b.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
            3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      4.   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Preble County Court of Common Pleas, pursuant to R.C. Chapter 2506.
   E.   Enforcement.
      1.   Compliance required.
         a.   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section B.9.
         b.   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section E.3.
         c.   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section E.3.
      2.   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, they shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
         a.   Be put in writing on an appropriate form;
         b.   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
         c.   Specify a reasonable time for performance;
         d.   Advise the owner, operator, or occupant of the right to appeal;
         e.   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
      3.   Violations and penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of Preble County. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Preble County from taking such other lawful action as is necessary to prevent or remedy any violation. Preble County shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Res. 669-94-72, § 814, effective 4-5-1995; Res. effective 3-3-2006; Res. 80-13-159, effective 7-5-2013; Res. 190-14-164, effective 8-1-2014; Res. 56-18-182, effective 1-5-2018; Res. 196-24-206, effective 5-2-2024) Penalty, see § 511

§ 803.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 803.05, effective 4-5-1995)
   A.   General provisions.
      1.   Statutory authorization. This section is adopted pursuant to authorization contained in R.C. §§ 307.37 and 307.85. This resolution adopts regulations for areas of special flood hazard that are necessary for participation in the National Flood Insurance Program. Therefore, the Commissioners of Preble County, State of Ohio does ordain as follows.
      2.   Findings of fact. Preble County has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
      3.   Statement of purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
         a.   Protect human life and health;
         b.   Minimize expenditure of public money for costly flood control projects;
         c.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         d.   Minimize prolonged business interruptions;
         e.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
         f.   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
         g.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
         h.   Have no adverse impact on adjacent properties within and near flood prone areas: No adverse impact (NAI) floodplain management is an approach that ensures the action of any community does not adversely impact the property and rights of others. An adverse impact can be measured by an increase in the flood states, flood velocity, flows, the potential for erosion and sedimentation, degradation of water quality, or increased cost of public services. No adverse impact floodplain management extends beyond the floodplain to include managing development in the watersheds where floodwaters originate. NAI does not mean no development. It means that any adverse impact caused by a project must be mitigated, preferably as provided for in the community or in a watershed based plan;
         i.   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
         j.   Minimize the impact of development on the natural, beneficial values of the floodplain;
         k.   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
         l.   Meet community participation requirements of the National Flood Insurance Program.
      4.   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
         a.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
         b.   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
         c.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
         d.   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
         e.   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
      5.   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Preble County as identified in Section A.6, including any additional areas of special flood hazard annexed by Preble County.
      6.   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
         a.   Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Preble County, Ohio and Incorporated Areas, both effective May 8, 2024.
         b.   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:
            1)   Information available from the Miami Conservancy District;
            2)   Corps of Engineers Floodplain Information Reports;
            3)   U.S. Geological Survey Flood Prone Quadrangles;
            4)   U.S.D.A. Natural Resources Conservation Service - Flood Hazard;
            5)   Analyses Studies and County Soil Surveys;
            6)   Ohio Department of Natural Resources - Flood Hazard Reports and Flood Profile Charts; or
            7)   Other sources acceptable to the Planning Commission.
         c.   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by Preble County as required by Section C.3 Subdivisions and Other New Developments.
         d.   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Preble County Building and Zoning Office, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
      7.   Abrogation and greater restrictions. These regulations are not intended to repeal any existing resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other resolution, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      8.   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
         a.   Considered as minimum requirements;
         b.   Liberally construed in favor of the governing body; and,
         c.   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
      9.   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Preble County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
      10.   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
   B.   Administration.
      1.   Designation of the Floodplain Administrator. The Director of Land Use Management or their designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
      2.   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
         a.   Evaluate applications for permits to develop in special flood hazard areas.
         b.   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         c.   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
         d.   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
         e.   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
         f.   Enforce the provisions of these regulations.
         g.   Provide information, testimony, or other evidence as needed during variance hearings.
         h.   Coordinate map maintenance activities and FEMA follow-up.
         i.   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
      3.   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section A.6, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
      4.   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
         a.   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
         b.   Elevation of the existing, natural ground where structures are proposed.
         c.   Elevation of the lowest floor, including basement, of all proposed structures.
         d.   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
         e.   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
            1)   Floodproofing certification for non-residential floodproofed structure as required in Section C.5.
            2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section C.4.e. are designed to automatically equalize hydrostatic flood forces.
            3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section C.9.c.
            4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section C.9.b.
            5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section C.9.a.
            6)   Generation of base flood elevation(s) for subdivision and other new developments as required by Section C.3.
            7)   A hydrologic and hydraulic engineering analysis to develop base flood elevations and identify base flood elevation changes as a result of the proposed development in any area where no base flood elevations currently exist.
            8)   Volumetric calculations demonstrating compensatory storage has been provided as required by Section C.10.d.
         f.   A floodplain development permit application fee set by the Schedule of Fees adopted by Preble County.
      5.   Review and approval of a floodplain development permit application.
         a.   Review.
            1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section B.4. has been received by the Floodplain Administrator.
            2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
         b.   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this section, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
      6.   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      7.   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
         a.   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
         b.   For all development activities subject to the standards of Section B.11.a., a letter of map revision.
         c.   For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
      8.   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Variance Board in accordance with Section D of these regulations.
      9.   Exemption from filing a development permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.
      10.   State and federal development.
         a.   Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
         b.   Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
            1)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
            2)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
            3)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
         c.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
            1)   Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
      11.   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Preble County's flood maps, studies and other data identified in Section A.6. accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         a.   Requirement to submit new technical data.
            1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a)   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b)   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c)   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
               d)   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section C.3.
            2)   It is the responsibility of the applicant to have technical data, required in accordance with Section B.11.a., prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
            3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
               a)   Proposed floodway encroachments that increase the base flood elevation; and
               b)   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
            4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section B.11.a.1).
         b.   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Commissioners of Preble County, and may be submitted at any time.
         c.   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of Preble County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that Preble County's Flood Insurance Rate Map accurately represent Preble County boundaries, include within such notification a copy of a map of Preble County suitable for reproduction, clearly showing the new corporate limits or the new area for which Preble County has assumed or relinquished floodplain management regulatory authority.
      12.   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
         a.   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
         b.   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
         c.   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D, Appeals and Variances.
         d.   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this section applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      13.   Use of preliminary flood insurance rate map and/or flood insurance study data.
         a.   Zone A:
            1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
            2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
         b.   Zones AE, A1-30, AH, and AO:
            1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
               a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
               b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
            2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section C.9.b. since the data in the draft or preliminary FIS represents the best data available.
         c.    Zones B, C, and X: Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
      14.   Substantial damage determinations. 
         a.   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
            1)   Determine whether damaged structures are located in special flood hazard areas;
            2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
            3)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
         b.   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
   C.   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section A.6., B.12.a., or B.13.:
      1.   Use regulations.
         a.   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Preble County are allowed provided they meet the provisions of these regulations.
         b.   Prohibited uses.
            1)   Critical development in special flood hazard areas.
            2)   New construction of development used for human habitation in the regulatory floodway.
      2.   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
         b.   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
         c.   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
      3.   Subdivisions and other new developments.
         a.   All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
         b.   All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
         c.   All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
         d.   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
         e.   The applicant shall meet the requirement to submit technical data to FEMA in Section B.11.a.1)d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section C.3.d.
      4.   Residential structures. The requirements of Section C.4. apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (C.4.a) and construction materials resistant to flood damage (C.4.b) are satisfied.
         b.   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
         c.   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
         d.   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         e.   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
            1)   Be used only for the parking of vehicles, building access, or storage; and
            2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
            3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
         f.   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
         g.   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section C.4.
      5.   Nonresidential structures. The requirements of Section C.5. apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section C.4.a. - c. and e. - g.
         b.   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
            1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
            2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
            3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section C.5.b.1) and 2).
      6.   Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
         a.   They shall not be used for human habitation;
         b.   They shall be constructed of flood resistant materials;
         c.   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         d.   They shall be firmly anchored to prevent flotation;
         e.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
         f.   They shall meet the opening requirements of Section C.4.e.3);
      7.   Recreational vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
         a.   They shall not be located on sites in special flood hazard areas for more than 180 days, or
         b.   They must be fully licensed and ready for highway use, or
         c.   They must be placed on the site pursuant to a floodplain development permit issued under Sections B.3. and B.4., and meet all standards of Section C.4.
      8.   Gas or liquid storage tanks. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      9.   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
         a.   Development in floodways.
            1)   In order to promote health, safety, and welfare of the citizens of Preble County, no development that is for human habitation will be permitted in floodways.
            2)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
            3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   Meet the requirements to submit technical data in Section B.11.a.;
               b)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
               c)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
               d)   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
               e)   Concurrence of the Commissioners of Preble County and the Chief Executive Officer of any other communities impacted by the proposed actions.
         b.   Development in riverine areas with base flood elevations but no floodways.
            1)   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
            2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
               b)    Section C.9.a.3), items a) and c) - e).
         c.   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
            1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
            2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
            3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Preble County specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
            4)   The applicant shall meet the requirements to submit technical data in Section B.11.a.1)c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      10.   Fill. The following standards apply to all fill activities in special flood hazard areas and must be approved by the County Engineer.
         a.   Fill sites, upon which structures will be constructed or placed, must be compacted to ninety-five (95) percent of the maximum density obtainable with the Standards Proctor Test method or an acceptable equivalent method.
         b.   Fill slopes shall not be steeper than one (1) foot vertical to two (2) feet horizontal.
         c.   Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of more than five (5) feet per second armoring with stone or rock protection shall be provided. When expected velocities during base flood are five (5) feet per second or less, protection shall be provided by covering them with vegetative cover.
         d.   Fill shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site. Maps are required showing location and volume of these areas. Compensatory storage areas must be:
            1)   Open to the Floodplain Administrator for inspection;
            2)   A permanent component of the property receiving the variance and must be repaired or replaced by the owner of the property, if silted in or otherwise compromised;
            3)   Above the water table, i.e. the storage cannot hold water other than in times of flooding; and
            4)   In the same drainage system.
   D.   Appeals and variances.
      1.   Powers and duties.
         a.   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. The Preble County Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Preble County Zoning Resolution Articles XIV and XV. Records of the Appeals Board shall be kept and filed in the Preble County Microfilm Department, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
         b.   Authorize variances in accordance with Section D.3. of these regulations.
      2.   Appeals.
         a.   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
         b.   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
      3.   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
         a.   Application for a variance.
            1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
            2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
            3)   All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by Preble County, as determined by the Office of Land Use Management.
         b.   Public hearing.
            1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
               a)   The danger that materials may be swept onto other lands to the injury of others.
               b)   The danger to life and property due to flooding or erosion damage.
               c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
               d)   The importance of the services provided by the proposed facility to the community.
               e)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
               f)   The necessity to the facility of a waterfront location, where applicable.
               g)   The compatibility of the proposed use with existing and anticipated development.
               h)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
               i)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
               j)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
               k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
            2)   Variances shall only be issued upon:
               a)   A showing of good and sufficient cause.
               b)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
               c)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
               d)   A determination that the structure or other development is protected by methods to minimize flood damages.
               e)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
         c.   Other conditions for variances.
            1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
            2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section D.3.b.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
            3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      4.   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Preble County Court of Common Pleas, pursuant to R.C. Chapter 2506.
   E.   Enforcement.
      1.   Compliance required.
         a.   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section B.9.
         b.   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section E.3.
         c.   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section E.3.
      2.   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, they shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
         a.   Be put in writing on an appropriate form;
         b.   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
         c.   Specify a reasonable time for performance;
         d.   Advise the owner, operator, or occupant of the right to appeal;
         e.   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
      3.   Violations and penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of Preble County. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Preble County from taking such other lawful action as is necessary to prevent or remedy any violation. Preble County shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Res. 669-94-72, § 814, effective 4-5-1995; Res. effective 3-3-2006; Res. 80-13-159, effective 7-5-2013; Res. 190-14-164, effective 8-1-2014; Res. 56-18-182, effective 1-5-2018; Res. 196-24-206, effective 5-2-2024) Penalty, see § 511

§ 803.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 803.06, effective 4-5-1995)
   A.   General provisions.
      1.   Statutory authorization. This section is adopted pursuant to authorization contained in R.C. §§ 307.37 and 307.85. This resolution adopts regulations for areas of special flood hazard that are necessary for participation in the National Flood Insurance Program. Therefore, the Commissioners of Preble County, State of Ohio does ordain as follows.
      2.   Findings of fact. Preble County has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
      3.   Statement of purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
         a.   Protect human life and health;
         b.   Minimize expenditure of public money for costly flood control projects;
         c.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         d.   Minimize prolonged business interruptions;
         e.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
         f.   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
         g.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
         h.   Have no adverse impact on adjacent properties within and near flood prone areas: No adverse impact (NAI) floodplain management is an approach that ensures the action of any community does not adversely impact the property and rights of others. An adverse impact can be measured by an increase in the flood states, flood velocity, flows, the potential for erosion and sedimentation, degradation of water quality, or increased cost of public services. No adverse impact floodplain management extends beyond the floodplain to include managing development in the watersheds where floodwaters originate. NAI does not mean no development. It means that any adverse impact caused by a project must be mitigated, preferably as provided for in the community or in a watershed based plan;
         i.   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
         j.   Minimize the impact of development on the natural, beneficial values of the floodplain;
         k.   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
         l.   Meet community participation requirements of the National Flood Insurance Program.
      4.   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
         a.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
         b.   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
         c.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
         d.   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
         e.   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
      5.   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Preble County as identified in Section A.6, including any additional areas of special flood hazard annexed by Preble County.
      6.   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
         a.   Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Preble County, Ohio and Incorporated Areas, both effective May 8, 2024.
         b.   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:
            1)   Information available from the Miami Conservancy District;
            2)   Corps of Engineers Floodplain Information Reports;
            3)   U.S. Geological Survey Flood Prone Quadrangles;
            4)   U.S.D.A. Natural Resources Conservation Service - Flood Hazard;
            5)   Analyses Studies and County Soil Surveys;
            6)   Ohio Department of Natural Resources - Flood Hazard Reports and Flood Profile Charts; or
            7)   Other sources acceptable to the Planning Commission.
         c.   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by Preble County as required by Section C.3 Subdivisions and Other New Developments.
         d.   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Preble County Building and Zoning Office, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
      7.   Abrogation and greater restrictions. These regulations are not intended to repeal any existing resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other resolution, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      8.   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
         a.   Considered as minimum requirements;
         b.   Liberally construed in favor of the governing body; and,
         c.   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
      9.   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Preble County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
      10.   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
   B.   Administration.
      1.   Designation of the Floodplain Administrator. The Director of Land Use Management or their designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
      2.   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
         a.   Evaluate applications for permits to develop in special flood hazard areas.
         b.   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         c.   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
         d.   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
         e.   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
         f.   Enforce the provisions of these regulations.
         g.   Provide information, testimony, or other evidence as needed during variance hearings.
         h.   Coordinate map maintenance activities and FEMA follow-up.
         i.   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
      3.   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section A.6, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
      4.   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
         a.   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
         b.   Elevation of the existing, natural ground where structures are proposed.
         c.   Elevation of the lowest floor, including basement, of all proposed structures.
         d.   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
         e.   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
            1)   Floodproofing certification for non-residential floodproofed structure as required in Section C.5.
            2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section C.4.e. are designed to automatically equalize hydrostatic flood forces.
            3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section C.9.c.
            4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section C.9.b.
            5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section C.9.a.
            6)   Generation of base flood elevation(s) for subdivision and other new developments as required by Section C.3.
            7)   A hydrologic and hydraulic engineering analysis to develop base flood elevations and identify base flood elevation changes as a result of the proposed development in any area where no base flood elevations currently exist.
            8)   Volumetric calculations demonstrating compensatory storage has been provided as required by Section C.10.d.
         f.   A floodplain development permit application fee set by the Schedule of Fees adopted by Preble County.
      5.   Review and approval of a floodplain development permit application.
         a.   Review.
            1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section B.4. has been received by the Floodplain Administrator.
            2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
         b.   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this section, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
      6.   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      7.   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
         a.   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
         b.   For all development activities subject to the standards of Section B.11.a., a letter of map revision.
         c.   For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
      8.   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Variance Board in accordance with Section D of these regulations.
      9.   Exemption from filing a development permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.
      10.   State and federal development.
         a.   Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
         b.   Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
            1)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
            2)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
            3)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
         c.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
            1)   Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
      11.   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Preble County's flood maps, studies and other data identified in Section A.6. accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         a.   Requirement to submit new technical data.
            1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a)   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b)   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c)   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
               d)   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section C.3.
            2)   It is the responsibility of the applicant to have technical data, required in accordance with Section B.11.a., prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
            3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
               a)   Proposed floodway encroachments that increase the base flood elevation; and
               b)   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
            4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section B.11.a.1).
         b.   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Commissioners of Preble County, and may be submitted at any time.
         c.   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of Preble County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that Preble County's Flood Insurance Rate Map accurately represent Preble County boundaries, include within such notification a copy of a map of Preble County suitable for reproduction, clearly showing the new corporate limits or the new area for which Preble County has assumed or relinquished floodplain management regulatory authority.
      12.   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
         a.   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
         b.   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
         c.   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D, Appeals and Variances.
         d.   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this section applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      13.   Use of preliminary flood insurance rate map and/or flood insurance study data.
         a.   Zone A:
            1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
            2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
         b.   Zones AE, A1-30, AH, and AO:
            1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
               a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
               b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
            2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section C.9.b. since the data in the draft or preliminary FIS represents the best data available.
         c.    Zones B, C, and X: Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
      14.   Substantial damage determinations. 
         a.   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
            1)   Determine whether damaged structures are located in special flood hazard areas;
            2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
            3)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
         b.   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
   C.   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section A.6., B.12.a., or B.13.:
      1.   Use regulations.
         a.   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Preble County are allowed provided they meet the provisions of these regulations.
         b.   Prohibited uses.
            1)   Critical development in special flood hazard areas.
            2)   New construction of development used for human habitation in the regulatory floodway.
      2.   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
         b.   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
         c.   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
      3.   Subdivisions and other new developments.
         a.   All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
         b.   All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
         c.   All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
         d.   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
         e.   The applicant shall meet the requirement to submit technical data to FEMA in Section B.11.a.1)d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section C.3.d.
      4.   Residential structures. The requirements of Section C.4. apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (C.4.a) and construction materials resistant to flood damage (C.4.b) are satisfied.
         b.   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
         c.   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
         d.   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         e.   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
            1)   Be used only for the parking of vehicles, building access, or storage; and
            2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
            3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
         f.   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
         g.   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section C.4.
      5.   Nonresidential structures. The requirements of Section C.5. apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section C.4.a. - c. and e. - g.
         b.   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
            1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
            2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
            3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section C.5.b.1) and 2).
      6.   Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
         a.   They shall not be used for human habitation;
         b.   They shall be constructed of flood resistant materials;
         c.   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         d.   They shall be firmly anchored to prevent flotation;
         e.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
         f.   They shall meet the opening requirements of Section C.4.e.3);
      7.   Recreational vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
         a.   They shall not be located on sites in special flood hazard areas for more than 180 days, or
         b.   They must be fully licensed and ready for highway use, or
         c.   They must be placed on the site pursuant to a floodplain development permit issued under Sections B.3. and B.4., and meet all standards of Section C.4.
      8.   Gas or liquid storage tanks. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      9.   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
         a.   Development in floodways.
            1)   In order to promote health, safety, and welfare of the citizens of Preble County, no development that is for human habitation will be permitted in floodways.
            2)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
            3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   Meet the requirements to submit technical data in Section B.11.a.;
               b)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
               c)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
               d)   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
               e)   Concurrence of the Commissioners of Preble County and the Chief Executive Officer of any other communities impacted by the proposed actions.
         b.   Development in riverine areas with base flood elevations but no floodways.
            1)   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
            2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
               b)    Section C.9.a.3), items a) and c) - e).
         c.   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
            1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
            2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
            3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Preble County specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
            4)   The applicant shall meet the requirements to submit technical data in Section B.11.a.1)c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      10.   Fill. The following standards apply to all fill activities in special flood hazard areas and must be approved by the County Engineer.
         a.   Fill sites, upon which structures will be constructed or placed, must be compacted to ninety-five (95) percent of the maximum density obtainable with the Standards Proctor Test method or an acceptable equivalent method.
         b.   Fill slopes shall not be steeper than one (1) foot vertical to two (2) feet horizontal.
         c.   Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of more than five (5) feet per second armoring with stone or rock protection shall be provided. When expected velocities during base flood are five (5) feet per second or less, protection shall be provided by covering them with vegetative cover.
         d.   Fill shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site. Maps are required showing location and volume of these areas. Compensatory storage areas must be:
            1)   Open to the Floodplain Administrator for inspection;
            2)   A permanent component of the property receiving the variance and must be repaired or replaced by the owner of the property, if silted in or otherwise compromised;
            3)   Above the water table, i.e. the storage cannot hold water other than in times of flooding; and
            4)   In the same drainage system.
   D.   Appeals and variances.
      1.   Powers and duties.
         a.   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. The Preble County Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Preble County Zoning Resolution Articles XIV and XV. Records of the Appeals Board shall be kept and filed in the Preble County Microfilm Department, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
         b.   Authorize variances in accordance with Section D.3. of these regulations.
      2.   Appeals.
         a.   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
         b.   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
      3.   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
         a.   Application for a variance.
            1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
            2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
            3)   All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by Preble County, as determined by the Office of Land Use Management.
         b.   Public hearing.
            1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
               a)   The danger that materials may be swept onto other lands to the injury of others.
               b)   The danger to life and property due to flooding or erosion damage.
               c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
               d)   The importance of the services provided by the proposed facility to the community.
               e)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
               f)   The necessity to the facility of a waterfront location, where applicable.
               g)   The compatibility of the proposed use with existing and anticipated development.
               h)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
               i)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
               j)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
               k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
            2)   Variances shall only be issued upon:
               a)   A showing of good and sufficient cause.
               b)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
               c)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
               d)   A determination that the structure or other development is protected by methods to minimize flood damages.
               e)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
         c.   Other conditions for variances.
            1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
            2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section D.3.b.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
            3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      4.   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Preble County Court of Common Pleas, pursuant to R.C. Chapter 2506.
   E.   Enforcement.
      1.   Compliance required.
         a.   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section B.9.
         b.   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section E.3.
         c.   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section E.3.
      2.   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, they shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
         a.   Be put in writing on an appropriate form;
         b.   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
         c.   Specify a reasonable time for performance;
         d.   Advise the owner, operator, or occupant of the right to appeal;
         e.   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
      3.   Violations and penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of Preble County. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Preble County from taking such other lawful action as is necessary to prevent or remedy any violation. Preble County shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Res. 669-94-72, § 814, effective 4-5-1995; Res. effective 3-3-2006; Res. 80-13-159, effective 7-5-2013; Res. 190-14-164, effective 8-1-2014; Res. 56-18-182, effective 1-5-2018; Res. 196-24-206, effective 5-2-2024) Penalty, see § 511

§ 804.01 PURPOSE.

   This district is intended to provide areas for low density residential development which are beginning to undergo transition from rural to residential use. Density is designed to accommodate on-site utilities.
(Res. 669-94-72, § 804.01, effective 4-5-1995)
   A.   General provisions.
      1.   Statutory authorization. This section is adopted pursuant to authorization contained in R.C. §§ 307.37 and 307.85. This resolution adopts regulations for areas of special flood hazard that are necessary for participation in the National Flood Insurance Program. Therefore, the Commissioners of Preble County, State of Ohio does ordain as follows.
      2.   Findings of fact. Preble County has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
      3.   Statement of purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
         a.   Protect human life and health;
         b.   Minimize expenditure of public money for costly flood control projects;
         c.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         d.   Minimize prolonged business interruptions;
         e.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
         f.   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
         g.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
         h.   Have no adverse impact on adjacent properties within and near flood prone areas: No adverse impact (NAI) floodplain management is an approach that ensures the action of any community does not adversely impact the property and rights of others. An adverse impact can be measured by an increase in the flood states, flood velocity, flows, the potential for erosion and sedimentation, degradation of water quality, or increased cost of public services. No adverse impact floodplain management extends beyond the floodplain to include managing development in the watersheds where floodwaters originate. NAI does not mean no development. It means that any adverse impact caused by a project must be mitigated, preferably as provided for in the community or in a watershed based plan;
         i.   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
         j.   Minimize the impact of development on the natural, beneficial values of the floodplain;
         k.   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
         l.   Meet community participation requirements of the National Flood Insurance Program.
      4.   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
         a.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
         b.   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
         c.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
         d.   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
         e.   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
      5.   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Preble County as identified in Section A.6, including any additional areas of special flood hazard annexed by Preble County.
      6.   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
         a.   Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Preble County, Ohio and Incorporated Areas, both effective May 8, 2024.
         b.   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:
            1)   Information available from the Miami Conservancy District;
            2)   Corps of Engineers Floodplain Information Reports;
            3)   U.S. Geological Survey Flood Prone Quadrangles;
            4)   U.S.D.A. Natural Resources Conservation Service - Flood Hazard;
            5)   Analyses Studies and County Soil Surveys;
            6)   Ohio Department of Natural Resources - Flood Hazard Reports and Flood Profile Charts; or
            7)   Other sources acceptable to the Planning Commission.
         c.   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by Preble County as required by Section C.3 Subdivisions and Other New Developments.
         d.   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Preble County Building and Zoning Office, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
      7.   Abrogation and greater restrictions. These regulations are not intended to repeal any existing resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other resolution, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      8.   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
         a.   Considered as minimum requirements;
         b.   Liberally construed in favor of the governing body; and,
         c.   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
      9.   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Preble County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
      10.   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
   B.   Administration.
      1.   Designation of the Floodplain Administrator. The Director of Land Use Management or their designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
      2.   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
         a.   Evaluate applications for permits to develop in special flood hazard areas.
         b.   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         c.   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
         d.   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
         e.   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
         f.   Enforce the provisions of these regulations.
         g.   Provide information, testimony, or other evidence as needed during variance hearings.
         h.   Coordinate map maintenance activities and FEMA follow-up.
         i.   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
      3.   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section A.6, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
      4.   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
         a.   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
         b.   Elevation of the existing, natural ground where structures are proposed.
         c.   Elevation of the lowest floor, including basement, of all proposed structures.
         d.   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
         e.   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
            1)   Floodproofing certification for non-residential floodproofed structure as required in Section C.5.
            2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section C.4.e. are designed to automatically equalize hydrostatic flood forces.
            3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section C.9.c.
            4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section C.9.b.
            5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section C.9.a.
            6)   Generation of base flood elevation(s) for subdivision and other new developments as required by Section C.3.
            7)   A hydrologic and hydraulic engineering analysis to develop base flood elevations and identify base flood elevation changes as a result of the proposed development in any area where no base flood elevations currently exist.
            8)   Volumetric calculations demonstrating compensatory storage has been provided as required by Section C.10.d.
         f.   A floodplain development permit application fee set by the Schedule of Fees adopted by Preble County.
      5.   Review and approval of a floodplain development permit application.
         a.   Review.
            1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section B.4. has been received by the Floodplain Administrator.
            2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
         b.   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this section, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
      6.   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      7.   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
         a.   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
         b.   For all development activities subject to the standards of Section B.11.a., a letter of map revision.
         c.   For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
      8.   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Variance Board in accordance with Section D of these regulations.
      9.   Exemption from filing a development permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.
      10.   State and federal development.
         a.   Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
         b.   Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
            1)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
            2)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
            3)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
         c.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
            1)   Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
      11.   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Preble County's flood maps, studies and other data identified in Section A.6. accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         a.   Requirement to submit new technical data.
            1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a)   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b)   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c)   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
               d)   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section C.3.
            2)   It is the responsibility of the applicant to have technical data, required in accordance with Section B.11.a., prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
            3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
               a)   Proposed floodway encroachments that increase the base flood elevation; and
               b)   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
            4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section B.11.a.1).
         b.   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Commissioners of Preble County, and may be submitted at any time.
         c.   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of Preble County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that Preble County's Flood Insurance Rate Map accurately represent Preble County boundaries, include within such notification a copy of a map of Preble County suitable for reproduction, clearly showing the new corporate limits or the new area for which Preble County has assumed or relinquished floodplain management regulatory authority.
      12.   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
         a.   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
         b.   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
         c.   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D, Appeals and Variances.
         d.   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this section applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      13.   Use of preliminary flood insurance rate map and/or flood insurance study data.
         a.   Zone A:
            1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
            2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
         b.   Zones AE, A1-30, AH, and AO:
            1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
               a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
               b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
            2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section C.9.b. since the data in the draft or preliminary FIS represents the best data available.
         c.    Zones B, C, and X: Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
      14.   Substantial damage determinations. 
         a.   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
            1)   Determine whether damaged structures are located in special flood hazard areas;
            2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
            3)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
         b.   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
   C.   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section A.6., B.12.a., or B.13.:
      1.   Use regulations.
         a.   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Preble County are allowed provided they meet the provisions of these regulations.
         b.   Prohibited uses.
            1)   Critical development in special flood hazard areas.
            2)   New construction of development used for human habitation in the regulatory floodway.
      2.   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
         b.   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
         c.   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
      3.   Subdivisions and other new developments.
         a.   All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
         b.   All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
         c.   All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
         d.   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
         e.   The applicant shall meet the requirement to submit technical data to FEMA in Section B.11.a.1)d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section C.3.d.
      4.   Residential structures. The requirements of Section C.4. apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (C.4.a) and construction materials resistant to flood damage (C.4.b) are satisfied.
         b.   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
         c.   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
         d.   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         e.   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
            1)   Be used only for the parking of vehicles, building access, or storage; and
            2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
            3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
         f.   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
         g.   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section C.4.
      5.   Nonresidential structures. The requirements of Section C.5. apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section C.4.a. - c. and e. - g.
         b.   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
            1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
            2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
            3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section C.5.b.1) and 2).
      6.   Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
         a.   They shall not be used for human habitation;
         b.   They shall be constructed of flood resistant materials;
         c.   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         d.   They shall be firmly anchored to prevent flotation;
         e.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
         f.   They shall meet the opening requirements of Section C.4.e.3);
      7.   Recreational vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
         a.   They shall not be located on sites in special flood hazard areas for more than 180 days, or
         b.   They must be fully licensed and ready for highway use, or
         c.   They must be placed on the site pursuant to a floodplain development permit issued under Sections B.3. and B.4., and meet all standards of Section C.4.
      8.   Gas or liquid storage tanks. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      9.   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
         a.   Development in floodways.
            1)   In order to promote health, safety, and welfare of the citizens of Preble County, no development that is for human habitation will be permitted in floodways.
            2)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
            3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   Meet the requirements to submit technical data in Section B.11.a.;
               b)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
               c)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
               d)   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
               e)   Concurrence of the Commissioners of Preble County and the Chief Executive Officer of any other communities impacted by the proposed actions.
         b.   Development in riverine areas with base flood elevations but no floodways.
            1)   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
            2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
               b)    Section C.9.a.3), items a) and c) - e).
         c.   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
            1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
            2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
            3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Preble County specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
            4)   The applicant shall meet the requirements to submit technical data in Section B.11.a.1)c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      10.   Fill. The following standards apply to all fill activities in special flood hazard areas and must be approved by the County Engineer.
         a.   Fill sites, upon which structures will be constructed or placed, must be compacted to ninety-five (95) percent of the maximum density obtainable with the Standards Proctor Test method or an acceptable equivalent method.
         b.   Fill slopes shall not be steeper than one (1) foot vertical to two (2) feet horizontal.
         c.   Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of more than five (5) feet per second armoring with stone or rock protection shall be provided. When expected velocities during base flood are five (5) feet per second or less, protection shall be provided by covering them with vegetative cover.
         d.   Fill shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site. Maps are required showing location and volume of these areas. Compensatory storage areas must be:
            1)   Open to the Floodplain Administrator for inspection;
            2)   A permanent component of the property receiving the variance and must be repaired or replaced by the owner of the property, if silted in or otherwise compromised;
            3)   Above the water table, i.e. the storage cannot hold water other than in times of flooding; and
            4)   In the same drainage system.
   D.   Appeals and variances.
      1.   Powers and duties.
         a.   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. The Preble County Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Preble County Zoning Resolution Articles XIV and XV. Records of the Appeals Board shall be kept and filed in the Preble County Microfilm Department, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
         b.   Authorize variances in accordance with Section D.3. of these regulations.
      2.   Appeals.
         a.   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
         b.   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
      3.   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
         a.   Application for a variance.
            1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
            2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
            3)   All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by Preble County, as determined by the Office of Land Use Management.
         b.   Public hearing.
            1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
               a)   The danger that materials may be swept onto other lands to the injury of others.
               b)   The danger to life and property due to flooding or erosion damage.
               c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
               d)   The importance of the services provided by the proposed facility to the community.
               e)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
               f)   The necessity to the facility of a waterfront location, where applicable.
               g)   The compatibility of the proposed use with existing and anticipated development.
               h)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
               i)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
               j)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
               k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
            2)   Variances shall only be issued upon:
               a)   A showing of good and sufficient cause.
               b)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
               c)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
               d)   A determination that the structure or other development is protected by methods to minimize flood damages.
               e)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
         c.   Other conditions for variances.
            1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
            2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section D.3.b.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
            3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      4.   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Preble County Court of Common Pleas, pursuant to R.C. Chapter 2506.
   E.   Enforcement.
      1.   Compliance required.
         a.   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section B.9.
         b.   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section E.3.
         c.   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section E.3.
      2.   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, they shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
         a.   Be put in writing on an appropriate form;
         b.   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
         c.   Specify a reasonable time for performance;
         d.   Advise the owner, operator, or occupant of the right to appeal;
         e.   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
      3.   Violations and penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of Preble County. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Preble County from taking such other lawful action as is necessary to prevent or remedy any violation. Preble County shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Res. 669-94-72, § 814, effective 4-5-1995; Res. effective 3-3-2006; Res. 80-13-159, effective 7-5-2013; Res. 190-14-164, effective 8-1-2014; Res. 56-18-182, effective 1-5-2018; Res. 196-24-206, effective 5-2-2024) Penalty, see § 511

§ 804.02 USES.

   A.   Permitted uses.
      1.   Single-family dwelling;
      2.   Publicly owned and operated buildings and facilities, except those uses listed under conditional uses;
      3.   Accessory buildings incidental to the principal use which do not include any activity conducted as a business. Such facilities are subject to regulation under § 815;
      4.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      5.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      6.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI.
      1.   Cemeteries, § 1103.02 M.;
      2.   Churches, § 1103.02 N.;
      3.   Schools and colleges for academic instruction, § 1103.02 JJ.;
      4.   Private and publicly owned noncommercial recreation areas, uses and facilities, including country clubs, swimming pools, golf courses, parks, forest, wildlife preserves, and similar areas and uses, § 1103.02 P.;
      5.   Home occupations, § 1103.02 AA.;
      6.   Hospitals, sanitariums, nursing homes, § 1103.02BB, FF.;
      7.   Child care centers, § 1103.02 S., see also Article XVI, definitions;
      8.   Elderly housing facility, § 1103.02 V., see also Article XVI, definitions;
      9.   Foster care residential facilities, § 1103.02 Q., see also Article XVI, definitions;
      10.   Social care homes, § 1103.02 Q., see alsoArticle XVI, definitions;
      11.   Congregate housing, § 1103.02 R.;
      12.   Guest house, § 1103.02 Z.; and
      13.   Bed and breakfast homes and inns, § 1103.02 I.
(Res. 669-94-72, § 804.02, effective 4-5-1995; Res. 81-13-159, effective 5-3-2013; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)
   A.   General provisions.
      1.   Statutory authorization. This section is adopted pursuant to authorization contained in R.C. §§ 307.37 and 307.85. This resolution adopts regulations for areas of special flood hazard that are necessary for participation in the National Flood Insurance Program. Therefore, the Commissioners of Preble County, State of Ohio does ordain as follows.
      2.   Findings of fact. Preble County has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
      3.   Statement of purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
         a.   Protect human life and health;
         b.   Minimize expenditure of public money for costly flood control projects;
         c.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         d.   Minimize prolonged business interruptions;
         e.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
         f.   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
         g.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
         h.   Have no adverse impact on adjacent properties within and near flood prone areas: No adverse impact (NAI) floodplain management is an approach that ensures the action of any community does not adversely impact the property and rights of others. An adverse impact can be measured by an increase in the flood states, flood velocity, flows, the potential for erosion and sedimentation, degradation of water quality, or increased cost of public services. No adverse impact floodplain management extends beyond the floodplain to include managing development in the watersheds where floodwaters originate. NAI does not mean no development. It means that any adverse impact caused by a project must be mitigated, preferably as provided for in the community or in a watershed based plan;
         i.   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
         j.   Minimize the impact of development on the natural, beneficial values of the floodplain;
         k.   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
         l.   Meet community participation requirements of the National Flood Insurance Program.
      4.   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
         a.   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
         b.   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
         c.   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
         d.   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
         e.   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
      5.   Lands to which these regulations apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Preble County as identified in Section A.6, including any additional areas of special flood hazard annexed by Preble County.
      6.   Basis for establishing the areas of special flood hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
         a.   Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Preble County, Ohio and Incorporated Areas, both effective May 8, 2024.
         b.   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:
            1)   Information available from the Miami Conservancy District;
            2)   Corps of Engineers Floodplain Information Reports;
            3)   U.S. Geological Survey Flood Prone Quadrangles;
            4)   U.S.D.A. Natural Resources Conservation Service - Flood Hazard;
            5)   Analyses Studies and County Soil Surveys;
            6)   Ohio Department of Natural Resources - Flood Hazard Reports and Flood Profile Charts; or
            7)   Other sources acceptable to the Planning Commission.
         c.   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by Preble County as required by Section C.3 Subdivisions and Other New Developments.
         d.   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Preble County Building and Zoning Office, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
      7.   Abrogation and greater restrictions. These regulations are not intended to repeal any existing resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other resolution, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      8.   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
         a.   Considered as minimum requirements;
         b.   Liberally construed in favor of the governing body; and,
         c.   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
      9.   Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Preble County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
      10.   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
   B.   Administration.
      1.   Designation of the Floodplain Administrator. The Director of Land Use Management or their designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
      2.   Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
         a.   Evaluate applications for permits to develop in special flood hazard areas.
         b.   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         c.   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
         d.   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
         e.   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
         f.   Enforce the provisions of these regulations.
         g.   Provide information, testimony, or other evidence as needed during variance hearings.
         h.   Coordinate map maintenance activities and FEMA follow-up.
         i.   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
      3.   Floodplain development permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section A.6, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
      4.   Application required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
         a.   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
         b.   Elevation of the existing, natural ground where structures are proposed.
         c.   Elevation of the lowest floor, including basement, of all proposed structures.
         d.   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
         e.   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
            1)   Floodproofing certification for non-residential floodproofed structure as required in Section C.5.
            2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section C.4.e. are designed to automatically equalize hydrostatic flood forces.
            3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section C.9.c.
            4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section C.9.b.
            5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section C.9.a.
            6)   Generation of base flood elevation(s) for subdivision and other new developments as required by Section C.3.
            7)   A hydrologic and hydraulic engineering analysis to develop base flood elevations and identify base flood elevation changes as a result of the proposed development in any area where no base flood elevations currently exist.
            8)   Volumetric calculations demonstrating compensatory storage has been provided as required by Section C.10.d.
         f.   A floodplain development permit application fee set by the Schedule of Fees adopted by Preble County.
      5.   Review and approval of a floodplain development permit application.
         a.   Review.
            1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section B.4. has been received by the Floodplain Administrator.
            2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
         b.   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this section, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
      6.   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      7.   Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
         a.   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
         b.   For all development activities subject to the standards of Section B.11.a., a letter of map revision.
         c.   For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
      8.   Revoking a floodplain development permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Variance Board in accordance with Section D of these regulations.
      9.   Exemption from filing a development permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.
      10.   State and federal development.
         a.   Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
         b.   Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
            1)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
            2)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
            3)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
         c.   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
            1)   Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
      11.   Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Preble County's flood maps, studies and other data identified in Section A.6. accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         a.   Requirement to submit new technical data.
            1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a)   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b)   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c)   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
               d)   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section C.3.
            2)   It is the responsibility of the applicant to have technical data, required in accordance with Section B.11.a., prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
            3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
               a)   Proposed floodway encroachments that increase the base flood elevation; and
               b)   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
            4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section B.11.a.1).
         b.   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Commissioners of Preble County, and may be submitted at any time.
         c.   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of Preble County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that Preble County's Flood Insurance Rate Map accurately represent Preble County boundaries, include within such notification a copy of a map of Preble County suitable for reproduction, clearly showing the new corporate limits or the new area for which Preble County has assumed or relinquished floodplain management regulatory authority.
      12.   Data use and flood map interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
         a.   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
         b.   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
         c.   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D, Appeals and Variances.
         d.   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this section applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      13.   Use of preliminary flood insurance rate map and/or flood insurance study data.
         a.   Zone A:
            1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall be reasonably utilized as best available data.
            2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
         b.   Zones AE, A1-30, AH, and AO:
            1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
               a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
               b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
            2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section C.9.b. since the data in the draft or preliminary FIS represents the best data available.
         c.    Zones B, C, and X: Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
      14.   Substantial damage determinations. 
         a.   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
            1)   Determine whether damaged structures are located in special flood hazard areas;
            2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
            3)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
         b.   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
   C.   Use and development standards for flood hazard reduction. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section A.6., B.12.a., or B.13.:
      1.   Use regulations.
         a.   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Preble County are allowed provided they meet the provisions of these regulations.
         b.   Prohibited uses.
            1)   Critical development in special flood hazard areas.
            2)   New construction of development used for human habitation in the regulatory floodway.
      2.   Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
         a.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
         b.   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
         c.   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
      3.   Subdivisions and other new developments.
         a.   All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
         b.   All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
         c.   All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
         d.   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
         e.   The applicant shall meet the requirement to submit technical data to FEMA in Section B.11.a.1)d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section C.3.d.
      4.   Residential structures. The requirements of Section C.4. apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (C.4.a) and construction materials resistant to flood damage (C.4.b) are satisfied.
         b.   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
         c.   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
         d.   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
         e.   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
            1)   Be used only for the parking of vehicles, building access, or storage; and
            2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
            3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
         f.   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
         g.   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section C.4.
      5.   Nonresidential structures. The requirements of Section C.5. apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section B.13.
         a.   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section C.4.a. - c. and e. - g.
         b.   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
            1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
            2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
            3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section C.5.b.1) and 2).
      6.   Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
         a.   They shall not be used for human habitation;
         b.   They shall be constructed of flood resistant materials;
         c.   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         d.   They shall be firmly anchored to prevent flotation;
         e.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
         f.   They shall meet the opening requirements of Section C.4.e.3);
      7.   Recreational vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
         a.   They shall not be located on sites in special flood hazard areas for more than 180 days, or
         b.   They must be fully licensed and ready for highway use, or
         c.   They must be placed on the site pursuant to a floodplain development permit issued under Sections B.3. and B.4., and meet all standards of Section C.4.
      8.   Gas or liquid storage tanks. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      9.   Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
         a.   Development in floodways.
            1)   In order to promote health, safety, and welfare of the citizens of Preble County, no development that is for human habitation will be permitted in floodways.
            2)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
            3)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   Meet the requirements to submit technical data in Section B.11.a.;
               b)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
               c)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
               d)   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
               e)   Concurrence of the Commissioners of Preble County and the Chief Executive Officer of any other communities impacted by the proposed actions.
         b.   Development in riverine areas with base flood elevations but no floodways.
            1)   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
            2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
               a)   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
               b)    Section C.9.a.3), items a) and c) - e).
         c.   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
            1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
            2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
            3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Preble County specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
            4)   The applicant shall meet the requirements to submit technical data in Section B.11.a.1)c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      10.   Fill. The following standards apply to all fill activities in special flood hazard areas and must be approved by the County Engineer.
         a.   Fill sites, upon which structures will be constructed or placed, must be compacted to ninety-five (95) percent of the maximum density obtainable with the Standards Proctor Test method or an acceptable equivalent method.
         b.   Fill slopes shall not be steeper than one (1) foot vertical to two (2) feet horizontal.
         c.   Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of more than five (5) feet per second armoring with stone or rock protection shall be provided. When expected velocities during base flood are five (5) feet per second or less, protection shall be provided by covering them with vegetative cover.
         d.   Fill shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site. Maps are required showing location and volume of these areas. Compensatory storage areas must be:
            1)   Open to the Floodplain Administrator for inspection;
            2)   A permanent component of the property receiving the variance and must be repaired or replaced by the owner of the property, if silted in or otherwise compromised;
            3)   Above the water table, i.e. the storage cannot hold water other than in times of flooding; and
            4)   In the same drainage system.
   D.   Appeals and variances.
      1.   Powers and duties.
         a.   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. The Preble County Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Preble County Zoning Resolution Articles XIV and XV. Records of the Appeals Board shall be kept and filed in the Preble County Microfilm Department, Courthouse, 101 East Main Street, Eaton, Ohio 45320.
         b.   Authorize variances in accordance with Section D.3. of these regulations.
      2.   Appeals.
         a.   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
         b.   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
      3.   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
         a.   Application for a variance.
            1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
            2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
            3)   All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by Preble County, as determined by the Office of Land Use Management.
         b.   Public hearing.
            1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
               a)   The danger that materials may be swept onto other lands to the injury of others.
               b)   The danger to life and property due to flooding or erosion damage.
               c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
               d)   The importance of the services provided by the proposed facility to the community.
               e)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
               f)   The necessity to the facility of a waterfront location, where applicable.
               g)   The compatibility of the proposed use with existing and anticipated development.
               h)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
               i)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
               j)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
               k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
            2)   Variances shall only be issued upon:
               a)   A showing of good and sufficient cause.
               b)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
               c)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
               d)   A determination that the structure or other development is protected by methods to minimize flood damages.
               e)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
         c.   Other conditions for variances.
            1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
            2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section D.3.b.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
            3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      4.   Appeal to the court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Preble County Court of Common Pleas, pursuant to R.C. Chapter 2506.
   E.   Enforcement.
      1.   Compliance required.
         a.   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section B.9.
         b.   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section E.3.
         c.   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section E.3.
      2.   Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, they shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
         a.   Be put in writing on an appropriate form;
         b.   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
         c.   Specify a reasonable time for performance;
         d.   Advise the owner, operator, or occupant of the right to appeal;
         e.   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
      3.   Violations and penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of Preble County. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Preble County from taking such other lawful action as is necessary to prevent or remedy any violation. Preble County shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Res. 669-94-72, § 814, effective 4-5-1995; Res. effective 3-3-2006; Res. 80-13-159, effective 7-5-2013; Res. 190-14-164, effective 8-1-2014; Res. 56-18-182, effective 1-5-2018; Res. 196-24-206, effective 5-2-2024) Penalty, see § 511

§ 804.03 SITE DEVELOPMENT REGULATIONS (PERMITTED USES ONLY).

   A.   Lot requirements.
 
Lot Dimension
Not Served by Central Sewers
Served by Central Sewers
1. Minimum lot area
1 acre
15,000 sq. ft.
2. Minimum lot width
150 feet
100 feet
 
   B.   Yard requirements. 
 
Yard Depth
Not Served by Central Sewers
Served by Central Sewers
1. Minimum front yard depth
50 feet
35 feet
2. Minimum rear yard depth
50 feet
40 feet
3. Minimum side yard width on each side
25 feet
15 feet
 
(Res. 669-94-72, § 804.03, effective 4-5-1995)

§ 804.04 STRUCTURAL REQUIREMENTS.

 
Lot Dimension
Not Served by Central Sewers
Served by Central Sewers
A. Maximum building height
35 feet
35 feet
B. Maximum lot coverage
10%
20%
 
(Res. 669-94-72, § 804.04, effective 4-5-1995)

§ 804.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 804.05, effective 4-5-1995)

§ 804.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 804.06, effective 4-5-1995)

§ 805.01 PURPOSE.

   This district is designed to accommodate moderate density residential development within urbanizing portions of the county. Such density should be high enough to encourage central utilities where and when available.
(Res. 669-94-72, § 805.01, effective 4-5-1995)

§ 805.02 USES.

   A.   Permitted uses.
      1.   Single-family dwelling;
      2.   Publicly owned and operated buildings and facilities, except those uses listed under conditional uses;
      3.   Accessory buildings incidental to the principal use which do not include any activity conducted as a business. Such facilities are subject to regulation under § 815;
      4.   Home occupations (see § 1103.02AA);
      5.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      6.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      7.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   All conditional uses as provided within the RR and RR-1 Districts, with the exception of cemeteries which are not permitted within the SR District; and
      2.   Two-family dwellings, § 1103.02NN.
(Res. 669-94-72, § 805.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 57-18-182, effective 1-5-2018; Res. 59-18- 182, effective 1-5-2018; Amendments of 8-2023)

§ 805.03 SITE DEVELOPMENT REGULATIONS (PERMITTED USES ONLY).

   A.   Lot requirements.
 
Type
Not Served by Public Sewers
Served by Public Sewers
1. Single-family
   a. Minimum lot area
1 acre
8,500 sq. ft.
   b. Minimum lot width
125 feet
70 feet
2. Two-family
   a. Minimum lot area
Based upon determination by Health Department
10,000 sq. ft.
   b. Minimum lot width
200 feet
80 feet
 
   B.   Yard requirements.
Type
Not Served by Public Sewers
Served by Public Sewers
Type
Not Served by Public Sewers
Served by Public Sewers
1. Single-family
   a. Minimum front yard depth
40 feet
30 feet
   b. Minimum rear yard depth
50 feet
40 feet
   c. Minimum side yard width on each side
15 feet
10 feet
2. Two-family
   a. Minimum front yard depth
40 feet
30 feet
   b. Minimum rear yard depth
50 feet
30 feet
   c. Minimum side yard width on each side
15 feet
10 feet
 
(Res. 669-94-72, § 805.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 805.04 STRUCTURAL REQUIREMENTS.

 
Type
Not Served by Public Sewers
Served by Public Sewers
A. Single-family
   1. Maximum building height
35 feet
35 feet
   2. Maximum lot coverage
20%
30%
B. Two-family
   1. Maximum building height
35 feet
35 feet
 
(Res. 669-94-72, § 805.04, effective 4-5-1995)

§ 805.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 805.05, effective 4-5-1995)

§ 805.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 805.06, effective 4-5-1995)

§ 806.01 PURPOSE.

   A.   This zone is intended to accommodate a variety of housing types suited to the various lifestyles of individuals and families, particularly those residing within neighborhoods relatively near urban centers within the county.
   B.   Zoning provisions within this district recognize the establishment of single-family homes upon small residential lots. Medium density garden type and townhouse multifamily development is also accommodated within this zone.
(Res. 669-94-72, § 806.01, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 806.02 USES.

   A.   Permitted uses.
      1.   Single-family dwellings, detached and attached;
      2.   Two-family dwellings;
      3.   Multifamily dwellings;
      4.   Housing for the elderly;
      5.   Foster care residential facilities, § 1103.02 Q. (see Article XVI, definitions);
      6.   Congregate housing, § 1103.02 R. (see Article XVI, definitions);
      7.   Publicly owned and operated building and facilities, except those uses listed under conditional uses;
      8.   Accessory buildings incidental to the principal use which do not include any activity conducted as a business. Such facilities are subject to regulation under § 815;
      9.   Home occupations (see § 1103.02 AA.);
      10.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      11.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      12.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   All conditional uses permitted as such within the SR District with the exception of those uses which are listed as permitted uses within this district;
      2.   Townhouses, § 1103.02 MM.;
      3.   Intermediate care homes, § 1103.02 Q. (see Article XVI, definitions);
      4.   Halfway houses, § 1103.02 Q. (see Article XVI, definitions);
      5.   Residential conversions (see Article XVI, definitions); and
      6.   Bed and breakfast homes and inns, § 1103.02 I.
(Res. 669-94-72, § 806.02, effective 4-5-1995; Res. 81-13-159, effective 5-3-2013; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 57-18-182, effective 1-5-2018; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 806.03 SITE DEVELOPMENT REGULATIONS.

   A.   Lot requirements.
      1.   Minimum lot area.
         a.   Single-family dwellings, detached and attached, 7,500 square feet per unit;
         b.   Two-family dwellings, 8,000 square feet;
         c.   Multifamily dwellings, detached and attached, 3,500 square feet per unit;
         d.   Townhouses, 2,500 square feet per unit; and
         e.   Housing for the elderly, 2,000 square feet per unit.
      2.   Minimum lot width.
         a.   Single-family dwellings, detached and attached, 60 feet;
         b.   Two-family dwellings, 80 feet;
         c.   Multifamily dwellings, 85 feet;
         d.   Townhouses, 20 feet per unit; and
         e.   Housing for the elderly, 85 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth.
         a.   Single-family dwellings, detached and attached, 25 feet;
         b.   Two-family dwellings, 25 feet;
         c.   Multifamily dwellings, 25 feet;
         d.   Townhouses: no front, side, or rear yard as such is required; however, each townhouse shall have, for each living unit, an adjoining yard containing not less than 500 square feet, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for any accessory building; and
         e.   Housing for the elderly, 25 feet.
      2.   Minimum rear yard depth.
         a.   Single-family dwellings, detached and attached, 40 feet;
         b.   Two-family dwellings, 40 feet;
         c.   Multifamily dwellings, 40 feet;
         d.   Townhouses: no front, side, or rear yard as such is required; however, each townhouse shall have, for each living unit, an adjoining yard containing not less than 500 square feet; reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for any accessory building; and
         e.   Housing for the elderly, 35 feet.
      3.   Minimum side yard width on each side.
         a.   Single-family dwellings, detached and attached, five (5) feet; plus one (1) foot for each two (2) feet by which the building or structure height exceeds fifteen (15) feet;
         b.   Two-family dwellings, five (5) feet; plus one (1) foot for each two (2) feet by which the building or structure height exceeds fifteen (15) feet;
         c.   Townhouses:
            1)   No front, side, or rear yard as such is required; however, each townhouse shall have, for each living unit, an adjoining yard containing not less than 500 square feet, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for any accessory building; and
            2)   Not more than six (6) contiguous townhouses shall be built in a row with the same front line, and not more than twelve (12) townhouses shall be contiguous.
         d.   Housing for the elderly, five (5) feet.
(Res. 669-94-72, § 806.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 806.05 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 35 feet.
      1.   Housing for the elderly, 6 stories.
(Res. 669-94-72, § 806.05, effective 4-5-1995)

§ 806.06 USABLE OPEN SPACE.

   A.   Area.
      1.   Single-family dwellings, detached and attached, 500 square feet per unit;
      2.   Multifamily dwellings, 500 square feet per unit;
      3.   Townhouses: no front, side or rear yard as such is required; however, each townhouse shall have, for each living unit, an adjoining yard containing not less than 500 square feet, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for any accessory building; and
      4.   Housing for the elderly, 250 square feet per unit.
   B.   Minimum dimensions.
      1.   Multifamily dwellings (exclusive of housing for the elderly). Multifamily units shall be designed so that each unit shall abut upon common usable open space. Such common open space shall in total average a minimum of five hundred (500) square feet per unit, be exclusive of areas used for vehicular circulation parking and accessory building. Only areas having at least dimensions of twenty (20) feet shall qualify for computation as usable open space.
(Res. 669-94-72, § 806.06, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 806.07 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking requirements.
(Res. 669-94-72, § 806.07, effective 4-5-1995)

§ 806.08 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 806.08, effective 4-5-1995)

§ 807.01 PURPOSE.

   This district provides for the location of offices, banks, institutional, governmental, and personal services in suitable locations in which they can support community needs as well as serve as transitional areas between residential and commercial districts or between major thoroughfares and residential districts.
(Res. 669-94-72, § 807.01, effective 4-5-1995)

§ 807.02 USES.

   A.   Permitted uses.
      1.   Business and professional offices, finance, insurance, real estate offices, banks (except drive-in type);
      2.   Research and development laboratories;
      3.   Medical and dental clinics;
      4.   Funeral homes;
      5.   Barber and beauty shops;
      6.   Instructional studios;
      7.   Churches;
      8.   Radio and television broadcasting studios;
      9.   Accessory buildings and uses incidental to the principal use. Regulations governing accessory facilities and uses are specified in § 815;
      10.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      11.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      12.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review in accordance with Article XI:
      1.   Retail and service uses such as restaurants, drug stores, barber and beauty shops, tobacconists, gift shops, but only when located entirely within a building or structure containing primarily a use or uses permitted in this district;
      2.   Hospitals, § 1103.02BB;
      3.   Business and industrial sales–service establishments where a stock of goods may be maintained on the premises for local or regional transport and sales to customers, provided that retail sales do not comprise a major portion of the total business;
      4.   Printing establishments; and
      5.   Veterinarian offices, § 1103.02D.
(Res. 669-94-72, § 807.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 807.03 SITE DEVELOPMENT REGULATIONS.

   A.   Lot requirements.
      1.   Minimum lot area, 10,000 square feet; and
      2.   Minimum lot frontage, 80 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 25 feet;
      2.   Minimum rear yard depth, 35 feet; and
      3.   Minimum side yard width on each side, 10 feet.
         a.   Plus 1 foot for each 2 feet by which the building or structure height exceeds 20 feet.
         b.   Where a side lot line coincides with a side lot line in a residential district, the side yard dimensions shall be provided adjacent to the respective residential district as follows: RR and RR-1, 20 feet; SR, 15 feet; and UR, 10 feet. Where required, a landscape screening of trees or compact hedge or wall shall be provided as described in § 817.
   C.   Structural requirements.
      1.   Maximum building height, 40 feet.
   D.   Notes.
      1.   See § 817 for additional provisions for commercial facilities.
      2.   Uses shall comply with all pertinent development standards contained in Article XI.
(Res. 669-94-72, § 807.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 807.04 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 807.04, effective 4-5-1995)

§ 807.05 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 807.05, effective 4-5-1995)

§ 808.01 PURPOSE.

   This district is designed to accommodate the grouping of commercial activities, generally of a convenience and service nature to provide for the needs of urbanizing portions of the county. It is intended that the size of the commercial grouping be directly related to the purchasing power needed to support the types of uses permitted. Since the commercial establishments permitted in the Convenience Business District will be closely associated with residential, religious, recreational, and educational land uses at the neighborhood level, more restrictive requirements for light, air, and open space are necessitated than in the larger-scale commercial zoning districts.
(Res. 669-94-72, § 808.01, effective 4-5-1995)

§ 808.02 USES.

   A.   Permitted uses.
      1.   Small food stores such as bakery shops, retail only; candy and ice cream stores; drug stores; grocery and delicatessen stores; carry-out beverage and snack shops; pizzerias carry-out only;
      2.   Hardware and paint stores;
      3.   Shoe repair shops;
      4.   Barber and beauty shops;
      5.   Pickup stations for dry cleaning and laundry; dry cleaning and laundromats of the self- service type;
      6.   Shops producing merchandise to be sold on the premises, provided that not more than five (5) persons are employed on the premises in such production;
      7.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      8.   Home occupation (see § 1103.02AA);
      9.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      10.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      11.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Auto service stations, § 1103.02E;
      2.   Supermarkets;
      3.   Public libraries, § 1103.02N; and
      4.   Bed and breakfast homes and inns, § 1103.02I.
(Res. 669-94-72, § 808.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 808.03 SITE DEVELOPMENT REQUIREMENTS.

   A.   Lot requirements.
      1.   Minimum lot area, 7,500 square feet; and
      2.    Minimum lot width, 60 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 25 feet;
      2.   Minimum rear yard depth, 40 feet. See § 817 for requirements when located adjacent to R Districts; and
      3.   Minimum side yard width on each side, 10 feet.
         a.   See provision for requirements when located adjacent to R Districts.
         b.   Unless adjoining a business use, in which case none is required if fire-proof construction is used.
(Res. 669-94-72, § 808.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 808.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 35 feet.
(Res. 669-94-72, § 808.04, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 808.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 808.05, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 808.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 808.06, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 808.07 SUPPLEMENTARY REQUIREMENTS.

   A.   No zoning certificate shall be issued for a B-1 use, until the applicant shall have certified to the Zoning Inspector that:
      1.   The business is open to the public only between the hours of 7:00 a.m. and 11:00 p.m.;
      2.   The business activity shall be conducted wholly within a completely enclosed building;
      3.   All business shall be of a retail or service character;
      4.   No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the principal use, and there will be no noise from any operation conducted on the premises, either continuous or intermittent, which can be detected without the use of instruments at or beyond the lot lines;
      5.   Automobile service centers and/or stations, when permitted, shall be limited to the selling and dispensing of petroleum fuel primarily to passenger vehicles and to such accessory uses as the sale and installation of lubricants, tires, batteries, accessories and supplies, incidental washing and polishing, tune-ups and brake repair. No outdoor storage or rental of trucks, trailers, or passenger vehicles shall be permitted; and
      6.   Failure to comply with any of the aforementioned requirements by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of this code.
(Res. 669-94-72, § 808.07, effective 4-5-1995)

§ 809.01 PURPOSE.

   This district is intended to provide for the development or continued use of land for a variety of retail, service, and administrative establishments required to satisfy the needs of the overall community. This district is also intended to accommodate retail trade establishments in the community which cannot be practically provided for in a convenience business district.
(Res. 669-94-72, § 809.01, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 809.02 USES.

   A.   Permitted uses.
      1.   All permitted uses as provided within the Convenience Business District;
      2.   Department stores;
      3.   Establishments engaged in the retail trade of: drugs, book and stationary stores, apparel stores, florist shops, antique stores, sporting goods stores, jewelry stores, optical goods stores, furniture, home furnishings, cameras, photo supplies, hobby shops, music, musical instruments, pet sales and supplies, radio and television sales and service, newsstands, and similar retail activities;
      4.   Office equipment and office supply stores;
      5.   Establishments engaged primarily in the fields of finance, insurance, and real estate such as banks, credit agencies, investment firms, and real estate and insurance offices;
      6.   Miscellaneous business services such as advertising, news syndicates and employment agencies, travel bureaus, and ticket offices;
      7.   Engineering and architectural services, legal services, accounting, auditing, and bookkeeping services;
      8.   Nonprofit, professional, service, charitable, and labor organizations;
      9.   Dance studios and schools;
      10.   Theaters, not including drive-ins;
      11.   Restaurants, not including drive-in or fast-food;
      12.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      13.   Bed and breakfast homes and inns;
      14.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      15.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      16.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Business in the character of a drive-in or open front store (including service stations, drive- in and fast-food restaurants), § 1103.02 E., T.;
      2.   Indoor recreation (wholly enclosed places of recreation and amusement), i.e., bowling alleys, billiard halls, indoor tennis centers, indoor skating rinks, assembly or concert halls, § 1103.02 J., Y.;
      3.   Night clubs, discotheques, etc., § 1103.02 H.;
      4.   Facilities for the exclusive sale, rent, or lease of new or secondhand automobiles, trucks, motorcycles, boat and marine equipment, mobile homes, recreational vehicles, and trailers;
      5.   Commercial swimming pools;
      6.   Builder supplies, garden supplies, § 1103.02 K., KK.;
      7.   General automotive repair garages, § 1103.02 E.;
      8.   Car washes, § 1103.02 L.;
      9.   Motels, § 1103.02 DD.;
      10.   Agricultural implement sales and services, § 1103.02 B.;
      11.   Hay, grain, and feed stores, § 1103.02 B.;
      12.   Veterinary hospitals, clinics, kennels, or pounds, § 1103.02 D.;
      13.   Churches, mortuaries, § 1103.02 N., X.; and
      14.   Adult entertainment facilities, § 1103.02 A.
(Res. 669-94-72, § 809.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 809.03 SITE DEVELOPMENT REQUIREMENTS.

   A.   Lot requirements.
      1.   Minimum lot area, none specified; and
      2.   Minimum lot width, none specified.
   B.   Yard requirements.
      1.   Minimum front yard depth, 25 feet;
      2.   Minimum rear yard depth: none, except when adjacent to a residential or planned residential district. In such case, see requirements contained in the provision of § 817; and
      3.   Minimum side yard width, on each side: none, except when adjacent to a residential or planned residential district. In such cases, see requirements contained in the provision of § 817.
(Res. 669-94-72, § 809.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 809.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 40 feet.
(Res. 669-94-72, § 809.04, effective 4-5-1995)

§ 809.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 809.05, effective 4-5-1995)

§ 809.06 SIGNS.

   A.   See Article XI for size and locations of permitted signs.
(Res. 669-94-72, § 809.06, effective 4-5-1995)

§ 810.01 PURPOSE.

   This district is intended to provide an appropriate location for commercial establishments offering accommodations, supplies, and services to the motoring public. These uses are thus discouraged to locate in other development areas where their heavy traffic and other characteristics could prove detrimental or incompatible.
(Res. 669-94-72, § 810.01, effective 4-5-1995)

§ 810.02 USES.

   A.   Permitted uses.
      1.   Automobile service stations; car washes;
      2.   Truck service centers and repair facilities;
      3.   Drive-in and fast-food restaurants (subject to standards contained in Article XI);
      4.   Restaurants and/or lounges;
      5.   Autos and truck rental; new and used car, truck or motorcycles sales and service; boat and marine equipment sales, rental, and service; trailer sales and rentals;
      6.   Body shops;
      7.   Mobile home sales;
      8.   Drive-in theaters (subject to standards contained in Article XI);
      9.   Farm equipment sales and service;
      10.   Store and lock facilities;
      11.   Lumber yards;
      12.   Tool and equipment rental facilities;
      13.   Animal hospitals;
      14.   Greenhouses;
      15.   Plant materials nursery, for the sale of plant materials not necessarily grown on the same premises;
      16.   Par 3 golf courses, miniature golf, driving ranges;
      17.   Accessory buildings incidental to the permitted use (regulations governing accessory facilities and uses are specified in § 815);
      18.   Motels;
      19.   Bed and breakfast homes and inns;
      20.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      21.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      22.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional use is subject to review and conditions in accordance with Article XI:
      1.   Adult entertainment facilities, § 1103.02A.
(Res. 669-94-72, § 810.02, effective 4-5-1995; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 810.03 SITE DEVELOPMENT REQUIREMENTS.

   A.   Lot requirements.
      1.   Minimum lot area, 20,000 square feet; and
      2.   Minimum lot frontage, 150 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 50 feet;
      2.   Minimum rear yard depth:
         a.   Where a lot line abuts other business or industrial district lot lines, none, except as required to meet other provisions for loading, parking, etc.; and
         b.   Where a lot line abuts residential lot lines, see subsection B.4. below, transitional requirements.
      3.   Minimum side yard depth:
         a.   Where lot line abuts other business or industrial district lot lines, a setback of thirty (30) feet shall be provided; and
         b.   Where lot line abuts residential lot lines, see subsection B.4 below, transitional requirements.
      4.   Transitional requirements. When said side or rear lot line abuts residential district lot lines, the minimum side or rear transitional setback distance shall be fifty (50) feet in depth and provided with a landscape screen or wall as defined in § 817.
   C.   Notes.  
      1.   See § 817 for additional provisions for commercial facilities.
(Res. 669-94-72, § 810.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 810.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 35 feet.
(Res. 669-94-72, § 810.04, effective 4-5-1995)

§ 810.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 810.05, effective 4-5-1995)

§ 810.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 810.06, effective 4-5-1995)

§ 810.07 SUPPLEMENTARY REGULATIONS.

   A.   A request to rezone land to highway service must be substantiated with evidence that (1) such a use will not conflict with the intended function of a major street to carry traffic; and (2) the capacity of the street(s) will not be materially reduced by the additional commercial facilities. Where necessary to achieve these conditions, the developer may be requested to provide required thoroughfare improvements such as dedication of right-of-way and/or pavement.
   B.   A site plan shall be submitted to the Planning Commission for approval. Such site plan shall graphically include the locations and dimensions of vehicular and pedestrian entrances, exits, driveways, walkways, and the vehicular circulation patterns to and from the site; building locations and dimensions; off-street parking spaces and landscaping.
   C.   All merchandise, new and used, with the exception of boat, automobile, truck, or farm implements, and plants and garden supplies, when approved as temporary uses, shall be stored within a completely enclosed building. Open storage may be permitted if located behind the principal structure, if visually screened from the street and adjacent properties by a landscaped screen, fence, or wall.
(Res. 669-94-72, § 810.07, effective 4-5-1995)

§ 811.01 PURPOSE.

   A.   The Limited Industrial District is provided in recognition of industrial uses which seek locations in suburban areas and in relative close proximity to residential areas of the county. These industrial uses generally require a minimum of services and facilities and generate little industrial traffic. They typically operate within an enclosed structure and have little or no adverse effect on adjacent land by producing noise, odor, dust, smoke, glare, or hazard.
   B.   In addition to these uses, the I-1 District makes provision for certain storage, service, manufacturing, and processing facilities which may generate significant amounts of truck traffic and/or involve activities which are not viewed as compatible with adjacent uses as those listed as permitted uses with the district. Such uses are listed under conditional uses which require individual review to ensure their locational compatibility within the county. Generally, such uses would be best located adjacent to major thoroughfares within the county and some distance from residential areas.
(Res. 669-94-72, § 811.01, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 811.02 USES.

   A.   Permitted uses. 
      1.   Any use whose principal function is basic research, design, and/or pilot or experimental product development or technical training;
      2.   Office buildings of an executive or of an administrative nature or incidental to those uses previously listed;
      3.   Sales offices for business/industrial equipment and supplies;
      4.   Business and industrial service facilities;
      5.   The manufacture, compounding, processing, packaging, or treatment of such products as but not limited to bakery goods, candy, cosmetics, pharmaceutical, toiletries, food products, hardware and cutlery, tool, die, gauge, and machine shops;
      6.   The manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials, such as but not limited to bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, sheet metal (excluding large stampings such as automobile fenders or bodies), steel textiles, tobacco, wax, wire, wood (excluding saw and planing mills), and yarns;
      7.   The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;
      8.   The manufacture of toys, novelties, and other similar products of metal, plastics, or rubber;
      9.   The manufacture or assembly of electrical appliances, electronic instruments and devices, radios, and phonographs;
      10.   Laboratories – experimental, film, testing;
      11.   The manufacture and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices or eaves;
      12.   Administrative, executive, financial, accounting, clerical, and drafting offices;
      13.   Restaurants, but not including drive-in or fast-food establishments;
      14.   Governmentally owned and/or operated buildings or facilities;
      15.   Accessory buildings incidental to the principal use. Such facilities are subject to review under § 815;
      16.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      17.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      18.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Electroplating;
      2.   Graphite products manufacture;
      3.   Laundries and dry cleaning plants;
      4.   Warehousing, industrially related wholesale establishments, and trucking facilities;
      5.   Yards of general contractors engaged in building or heavy construction;
      6.   Building materials storage and sales, § 1103.02K;
      7.   Feed mills, grain storage, and/or processing facilities, § 1103.02B;
      8.   Automobile service stations, § 1103.02E;
      9.   Car washes, § 1103.02L;
      10.   Garages for storage, repair, and servicing of motor vehicles, including body repair, painting, and engine rebuilding, § 1103.02E;
      11.   Fast-food and drive-in establishments, § 1103.02T;
      12.   Cocktail lounges, § 1103.02H;
      13.   Radio, television, or other transmission towers and related station facilities, § 1103.02LL;
      14.   Machinery and heavy equipment rental, sales, and storage;
      15.   Truck and motor freight terminals and hauling services; and
      16.   Other manufacturing, processing, or storage uses determined by the Board Zoning of Appeals to be of the same general character as the uses permitted in subsection A above and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic or noxious matter, or glare or heat. In this regard, the Zoning Board of Appeals may seek expert advice on what conditions should be imposed on a particular operation to carry out the purposes of this zone; the cost of such expert assistance shall be borne by the applicant.
(Res. 669-94-72, § 811.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 811.03 SITE DEVELOPMENT REGULATIONS.

   A.   Lot requirements.
      1.   Minimum lot area, no minimum specified; and
      2.   Minimum lot width, 150 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth, 50 feet;
      2.   Minimum rear yard depth:
         a.   Each side and rear yard shall be equal to the height of the principal building. If adjacent lots are industrially developed to the lot line, no side yard need be provided with the exception of distance which may be specified for fire protection requirements. Where a side or rear yard abut a residential district, said yard shall in no case be less than fifty (50) feet. In such cases, screening facilities shall be provided as described under § 817, supplementary requirements. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep;
         b.   Each side and rear yard for conditional uses shall be equal to two (2) times the height of the principal building. If adjacent lots are industrially developed to the lot line, no side yard need be provided with the exception of distance which may be specified for fire protection requirements. Where a side or rear yard abuts a residential district, said yard shall in no case be less than one hundred (100) feet. In such cases, screening facilities shall be provided as described under § 817, supplementary requirements. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep; and
         c.   All buildings in excess of one hundred fifty (150) feet in length must have a twenty (20) foot clearance on three (3) sides for fire lanes. On high hazard buildings, a distance of no less than fifty (50) feet shall be provided between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
      3.   Minimum side yard width on each side:
         a.   Each side and rear yard shall be equal to the height of the principal building. If adjacent lots are industrially developed to the lot line, no side yard need be provided with the exception of distance which may be specified for fire protection requirements. Where a side or rear yard abuts a residential district, said yard shall in no case be less than fifty (50) feet. In such cases, screening facilities shall be provided as described under § 817, supplementary requirements. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep;
         b.   Each side and rear yard for conditional uses shall be equal to two (2) times the height of the principal buildings. If adjacent lots are industrially developed to the lot line, no side yard need be provided with the exception of distance which may be specified for fire protection requirements. Where a side or rear yard abuts a residential district, said yard shall in no case be less than one hundred (100) feet. In such cases, screening facilities shall be provided as described under § 817, supplementary requirements. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep; and
         c.   All buildings in excess of one hundred fifty (150) feet in length must have a twenty (20) foot clearance on three (3) sides for fire lanes. On high hazard buildings, a distance of fifty (50) feet shall be provided between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
(Res. 669-94-72, § 811.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 811.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 45 feet.
(Res. 669-94-72, § 811.04, effective 4-5-1995)

§ 811.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 811.05, effective 4-5-1995)

§ 811.06 SIGNS.

   A.   See Article X for size and location of permitted signs.
(Res. 669-94-72, § 811.06, effective 4-5-1995)

§ 812.01 PURPOSE.

   The intent of this district is to accommodate a broad range of industrial activities, diverse in products, operational techniques, and size which have a greater potential impact upon their environment than those permitted in the Limited Industrial District.
(Res. 669-94-72, § 812.01, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 812.02 USES.

   A.   Permitted uses.
      1.   All permitted and conditional uses as provided within the Limited Industrial District with the exception of those uses defined as conditional uses within this district;
      2.   Cement block and formed products manufacturing;
      3.   Railroad train yards, classification yard, team tracks, and depots;
      4.   Sawing and planing mills;
      5.   Chemical products such as drugs, paints, wood chemicals, and allied chemicals;
      6.   Stone, clay, glass, brick abrasives, tile, and related products;
      7.   Fabricated metal manufacturing, including ordinance, engines, machinery, electrical equipment, transportation equipment, metal stamping, wire products, and structural metal products;
      8.   Meat packing;
      9.   Accessory buildings incidental to the principal use. Such facilities are subject to regulation under § 815;
      10.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met);
      11.   Ham radio towers (if conditions found in § 1103.02 SS. are met); and
      12.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   B.   Conditional uses. The following conditional uses are subject to review and conditions in accordance with Article XI:
      1.   Asphalt or asphalt products, bulk storage stations for liquid fuel, petroleum products, petroleum, and volatile oils;
      2.   Concrete mixing plants;
      3.   Bulk storage of corrosive acids and acid derivatives;
      4.   Fertilizer manufacturing;
      5.   Garbage or refuse reduction or transfer;
      6.   Sanitary landfill, § 1103.02HH;
      7.   Incinerators;
      8.   Glue manufacturing;
      9.   Slaughter house, rendering plant;
      10.   Paper products manufacture;
      11.   Plastics manufacturing;
      12.   Rubber processing or manufacturing;
      13.   Mining, mixing, processing, and transportation of stone, sand, or gravel aggregate, § 1103.02W;
      14.   Manufacturing or processing of asphalt products;
      15.   Soap manufacturing;
      16.   Steel manufacturing;
      17.   Junk yards and auto graveyards, § 1103.02F;
      18.   Radio, television, or other transmission towers and related station facilities, § 1103.02LL;
      19.   Automobile service stations, § 1103.02E;
      20.   Drive-in restaurants, § 1103.02T;
      21.   Cocktail lounges, § 1103.02H;
      22.   Airport, heliport, or landing strip, § 1103.02C;
      23.   Land application of sewage sludge, § 1103.02II;
      24.   Commercial solar energy systems less than 50 MW to generate energy to be sold, § 1103.02 TT;
      25.   Other manufacturing, processing, or storage uses determined by the Board of Zoning of Appeals to be of the same general character as the permitted uses previously listed and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic, or noxious matter, or glare or heat. In this regard, the Board of Zoning Appeals may seek expert advice on what conditions should be imposed on a particular operation to carry out the purposes of this zone; the cost of such expert assistance shall be borne by the applicant; and
      26.   Commercial wind energy systems less than 5 MW to generate energy to be sold, § 1103.02 OO.
(Res. 669-94-72, § 812.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 188-14-164, effective 8-1-2014; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 812.03 SITE DEVELOPMENT REQUIREMENTS.

   A.   Lot requirements.
      1.   Minimum lot area, none specified; and
      2.   Minimum lot width, 150 feet.
   B.   Yard requirements.
      1.   Minimum front yard depth: fifty (50) foot front yard depth shall be provided; however, if adjacent lots are developed, the average of adjoining front yard depths shall be provided if less than 50 feet. If located across the street from a residential district, fifty (50) feet shall be provided in any case.
      2.   Minimum rear yard depth:
         a.   Each side and rear yard shall be equal to two (2) times the height of the principal buildings. If adjacent lots are industrially developed to the lot line, no side or rear yard need be provided with the exception of distance which may be specified for fire protection requirements. Where a side or rear yard abuts upon a residential district, said yard shall in no case be less than one hundred (100) feet and a landscaped screening as specified in § 817 shall be provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep; and
         b.   All buildings in excess of one hundred fifty (150) feet in length must have a twenty (20) foot clearance on three (3) sides for fire lanes. On high hazard buildings, a distance of no less than fifty (50) feet shall be provided between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
      3.   Minimum side yard width on each side:
         a.   Each side and rear yard shall be equal to two (2) times the height of the principal buildings. If adjacent lots are industrially developed to the lot line, no side or rear yard need be provided with the exception of distance which may be specified for fire protection requirements. Where a side or rear yard abuts a residential district, said yard shall in no case be less than one hundred (100) feet and a landscaped screening as specified in § 817 shall be provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep; and
         b.   All buildings in excess of one hundred fifty (150) feet in length must have a twenty (20) foot clearance on three (3) sides for fire lanes. On high hazard buildings, a distance of no less than fifty (50) feet shall be provided between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
(Res. 669-94-72, § 812.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 812.04 STRUCTURAL REQUIREMENTS.

   A.   Maximum building height, 45 feet.
(Res. 669-94-72, § 812.04, effective 4-5-1995)

§ 812.05 PARKING AND LOADING REQUIREMENTS.

   A.   See Article IX for off-street parking and loading requirements.
(Res. 669-94-72, § 812.05, effective 4-5-1995)

§ 812.06 SIGNS.

   A.   See Article X for signs and location of permitted signs.
(Res. 669-94-72, § 812.06, effective 4-5-1995)

§ 813.01 PURPOSE.

   The overall purpose of the planned development zoning provisions is to permit greater flexibility in physical development requirements, and thereby encourage more creative and imaginative development design than is possible under conventional zoning provisions. Approval of such proposals will be granted, however, only upon favorable review of submitted plans for tracts suitable in location and character for the uses and structures proposed, and are to be planned and developed in a unified manner. Such proposals will be further evaluated, and approved only upon determination that the public health, safety, and morals will not be jeopardized by a departure from the restrictions on corresponding uses in the standard zoning district.
(Res. 669-94-72, § 813.01, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 813.02 TYPES OF PLANNED DEVELOPMENT.

   Types of planned developments include PR (Planned Residential District), PMH (Planned Mobile/Manufactured Home Residential District), PRV (Planned Recreational Vehicle Park District), PRD (Planned Retreat District), PC (Planned Commercial District), PHS (Planned Highway Service District), and POI (Planned Office/Industrial District). Use groupings within each district shall be governed by the requirements specified for each respective district discussed within §§ 813.20 through 813.80.
(Res. 669-94-72, § 813.02, effective 4-5-1995)

§ 813.03 GENERAL STANDARDS FOR PLANNED DEVELOPMENTS.

   The County Planning Commission shall not recommend for approval and the County Rural Zoning Commission shall not approve a request for a planned development unless it shall, in each individual case, make specific findings of facts directly based upon the particular evidence presented to it, which supports conclusions that:
   A.   The planned development can be substantially completed within the period of time specified in the schedule of development submitted by the developer;
   B.   The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development, and the street and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development;
   C.   The development will not impose an undue burden on public services and facilities, such as utilities, fire, and police protection;
   D.   The development plan contains such proposed covenants, easements, and other provisions relating to the proposed development standards, as would reasonably be required for the public health, safety, and welfare;
   E.   The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved;
   F.   Natural features such as watercourses, trees, and rock outcrops will be preserved, to the degree possible, so that they can enhance the overall design of the planned development;
   G.   The layout must be designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services; and
   H.   In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, street light wiring, and other wiring conduits and similar facilities shall be placed underground by the developer, unless waived by the Planning Commission because of technical reasons.
(Res. 669-94-72, § 813.03, effective 4-5-1995)

§ 813.04 PRE-APPLICATION CONFERENCE; PRELIMINARY PLAN.

   A.   Pre-application conference.  
      1.   Prior to filing a formal application for approval of a planned development, the developer shall request a pre-application conference with the County Planning Commission. The purpose of such conference is to allow the developer to present a general concept of this proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include but not be limited to the following:
         a.   Written “letter of intent” from the developer establishing his intentions as to development of the land;
         b.   Topographic survey and location map; and
         c.   Sketch plans and ideas regarding water supply, sewage disposal, surface drainage, and street improvements.
      2.   The Planning Commission shall advise the developer of the zoning requirements and County Plan which might affect the proposed development as well as the procedural steps for approval.
   B.   Preliminary plan. The preliminary plans of the planned development shall be filed with the Zoning Inspector, who shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:
      1.   Submission of the following: written application for approval of a planned development shall be made on forms and in the manner prescribed by the county. The application shall be accompanied by a fee consistent with the prevailing fee structure established by this county;
      2.   a.   The Planning Commission shall study material received and confer with other agencies of government as appropriate in the case to determine general acceptability of the proposal as submitted.
         b.   In the course of such preliminary consideration, the Planning Commission may request, and the applicant shall supply, additional material needed to make specific determinations.
      3.   Following such study, the Planning Commission or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report;
      4.   Recommendations of the Planning Commission to the applicant shall be in writing, and following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters are to be recorded and acknowledged by the Planning Commission and the applicant. On items on which no agreement is reached, or there is specific disagreement, this fact shall be recorded and the applicant may place in the record his reasons for any disagreement;
      5.   When the preliminary development plan and report have been approved in principal (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission shall forward its recommendation and all pertinent materials to the County Rural Zoning Commission which shall schedule the proposed plan for a public hearing, following which it shall make its recommendations to the Board of County Commissioners. Such recommendations shall indicate approval, approval with reservations, or disapproval with reasons. With such recommendations the County Rural Zoning Commission shall transmit the latest draft of the preliminary plan and a report submitted by the applicant, a record of agreements reached, and matters on which there was no specific agreement, including any reasons recorded by the applicant for any such disagreement; and
      6.   The Board of County Commissioners shall schedule a public hearing for the preliminary plan and respective planned development zone designations after receiving the proposal from the County Rural Zoning Commission. The Board of County Commissioners shall approve the proposal, approve subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated PR (Planned Residential District), PMH (Planned Mobile/Manufactured Home Residential District), PRV (Planned Recreational Vehicle Park District), PRD (Planned Retreat District), PC (Planned Commercial District), PHS (Planned Highway Service District), or POI (Planned Office/Industrial District) and shall be used only in accordance with the uses and densities shown on the planned development preliminary plan.
   C.   Final plan. The final planned development plan shall conform substantially to the preliminary plan. If desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
      1.   The final plan and supporting data shall be filed with the Zoning Inspector who in turn forwards copies to the Planning Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan;
      2.   After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor;
      3.   The Planning Commission shall then forward the final plan together with its recommendations to the County Rural Zoning Commission. The County Rural Zoning Commission shall review the recommendations of the Planning Commission at its next regular meeting and shall approve, approve subject to conditions, or deny the final plan; and
      4.   The County Rural Zoning Commission shall then forward the final plan together with its recommendations to the Board of County Commissioners. The Board shall review the recommendations of the Rural Zoning Commission and Planning Commission at its next regular meeting and shall approve, approve subject to conditions, or deny the final plan. Should it overturn the recommendation of the Rural Zoning Commission, it must do so unanimously.
   D.   Recording of final development plan.  
      1.   After approval by the Board of County Commissioners of the final plan, the Zoning Inspector shall see that requirements of the County Subdivision Regulations have been complied with before the final development plan is presented to the County Recorder for recording. The purpose of such recording is to designate with particularity the land subdivided into convenient lots as pertinent to the development as well as the dimensions of other lands, not so treated, into common open area, and to designate each building or structure, as well as the use of the land in general.
      2.   No final development plan within the unincorporated area of this county shall be so recorded unless it shall have the approval of the Board of County Commissioners inscribed thereon.
   E.   Building permit. No building permit shall be issued by the Zoning Inspector until the final development plan has been approved and duly recorded.
   F.   Certificate of occupancy. The Zoning Inspector shall issue no certificate of occupancy until all utilities have been accepted by the county in accordance with the final development plan.
(Res. 669-94-72, § 813.04, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 813.05 CHANGES IN THE PLANNED DEVELOPMENT.

   A planned development shall be developed only according to the approved and recorded final plan and supporting data together with all recorded amendments and shall be binding on the applicants, their successors, grantees, and assigns, and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned development as set forth therein.
   A.   Major changes. Changes which alter the concept of intent of the planned development, including increases in the number of units per acre, change in location or amount of nonresidential land uses, more than fifteen (15) percent modification in proportion of housing types, significant redesign of roadways, utilities, or drainage, may be approved only by submission of a new preliminary plan and supporting data, and following the preliminary approval steps and subsequent amendment of the final planned development plan.
   B.   Minor changes. The Zoning Administrator, upon notifying the Planning Commission, may jointly approve minor changes in the planned development which do not change the concept or intent of the development, without going through the preliminary approval steps. MINOR CHANGES are defined as any change not defined as a major change.
(Res. 669-94-72, § 813.05, effective 4-5-1995)

§ 813.06 SCHEDULE OF CONSTRUCTION.

   The County Rural Zoning Commission shall consider the planned development subject to revocation if construction falls more than one (1) year behind the schedule filed with the final plan.
(Res. 669-94-72, § 813.06, effective 4-5-1995)

§ 813.07 EFFECT OF DENIAL OF A PLANNED DEVELOPMENT.

   No application for a planned development, which has been denied wholly or in part by the County Rural Zoning Commission and Board of County Commissioners, shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the County Rural Zoning Commission and Board of County Commissioners.
(Res. 669-94-72, § 813.07, effective 4-5-1995)

§ 813.08 REVOCATION.

   In any case where a planned development has not been established (substantially under way) within one (1) year from the date of granting thereof, then, without further action by the Planning Commission, the planned development authorization thereof shall be null and void.
(Res. 669-94-72, § 813.08, effective 4-5-1995)

§ 813.11 PRELIMINARY PLAN STAGE.

   A.   Application. An application for a preliminary planned unit development shall be filed with the Zoning Administrator by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:
      1.   Name, address, and phone number of registered surveyor, registered engineer, and/or urban planner assisting in the preparation of the preliminary development plan;
      2.   Name, address, and phone number of applicant;
      3.   Legal description of property;
      4.   Description of existing use; and
      5.   Zoning district(s).
   B.   Material to be submitted with application.
      1.   Identification of all property owners within the proposed district, evidence of unified control of the entire area of the district, tentative agreement of all owners to proceed with development according to plans and timing schedule approved if the proposed amendment is passed, and to bind their successors in title to abide by any final commitments made, and evidence of financial capability to complete the development according to plan or to provide adequate sureties for completing;
      2.   Map or maps indicating the relation of the proposed district to the surrounding area. As appropriate to the development proposed, such map or maps shall demonstrate access to major streets, and show the approximate location and sizes of existing public sewers, waterlines, and storm drainage systems, and other utility systems and installations which will be expected to serve the development. In the case of planned developments to contain housing, location of schools and nearby commercial facilities shall be indicated;
      3.   Topographic data map drawn to a scale of one hundred (100) feet to one (1) inch by a registered surveyor and/or engineer showing:
         a.   Boundary lines – bearings and distances;
         b.   Easements – location, width and purpose;
         c.   Wooded areas, streams, lakes, marshes, and any other physical conditions that affect the site;
         d.   Ground elevations on the tract for land that slopes less than one-half (1/2) percent), show one (1) foot contours; for land that slopes more than one-half (1/2) percent), show two (2) foot contours; and
         e.   If deemed necessary, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of subsurface soil, rock, and ground water, and the existing depth of ground water.
      4.   A preliminary development plan and report, with maps at a scale of one hundred (100) feet or less to the inch, including as appropriate to the proposed development, the following information, presented in generalized form:
         a.   Proposed land uses and approximate height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. Proposals containing residential units shall specify the number of housing units by size and type proposed within the initial phase of the proposal, or within the overall development if the development is not to be staged;
         b.   Proposed automotive and pedestrian circulation patterns, including streets by type (major, collector, or minor) width, public or private, and pedestrian ways. Existing or platted streets proposed to be vacated;
         c.   Major off-street parking areas;
         d.   Proposed parks, playgrounds, school sites, pedestrian parkways, and other major open spaces as well as the general form of organization proposed to own and maintain any common open space;
         e.   General location of utilities, installations, and easements;
         f.   If development is to be in stages, indication as to the order and timing of development, and demonstration that each stage, when completed, would complement any completed earlier, and would form a reasonably independent unit even though succeeding stages were delayed;
         g.   Proposals for expediting provision of public facilities, utilities, or services where lacking or unlikely to be available when needed for the planned development, or for providing suitable private facilities, utilities, or services. A report shall be provided, if appropriate in a particular development, containing proposals for improvement and continuing maintenance and management of any private streets; and
         h.   The substance of covenants, grants, and easements or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities.
(Res. 669-94-72, § 813.11, effective 4-5-1995)

§ 813.12 FINAL PLAN STAGE.

   A.   Final development plans and reports shall include:
      1.   a.   A map or maps in the form required by the Subdivision Regulations, with such modifications and additions as required concerning such items as building sites when used as a substitute for lots, common open space not dedicated for public use, and other matters as appropriate to planned developments generally or to the specific planned development.
         b.   Similar modifications of standards contained in the Subdivision Regulations or in other regulations or policies applying generally may be reflected in such maps and report if the Planning Commission shall find and shall certify, after consultations with other agencies of government as appropriate in the specific case, that the public purposes of such regulations or policies are as well or better served by specific proposals of the final plan and reports.
      2.   A general site and land use plan for the planned development as a whole, indicating sub- areas for phased development, if any, and showing location and use of structures and portions of structures in relation to building site lines, building sites reserved for future use and uses for which sites are reserved, automotive and pedestrian circulatory networks, principal parking areas, open space not in building sites and uses for which it is intended, and such other matters as are required to establish a clear pattern of the relationships to exist between structures, uses, circulation, and land.
   B.   Agreements, contracts, deed restrictions, and sureties: the applicant shall guarantee the installation of the public improvements specified in the final development plan through one of the following methods:
      1.   Filing a performance and labor and material payment bond in the amount of one hundred ten (110) percent of the estimated construction cost as determined by the county; or
      2.   Depositing or placing in escrow a certified check, cash, or other acceptable pledge, in the amount of one hundred ten (110) percent of the construction cost as approved by the county.
(Res. 669-94-72, § 813.12, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 813.20 PR - PLANNED RESIDENTIAL DISTRICT.

   A.   Policies underlying use of zone. This district is intended to provide a good deal of flexibility in the arrangement and design of residential dwellings, based upon a unified development plan conceived and carried out for an entire area. Within this district, appropriate and reasonable population density is maintained while a variety of dwelling unit types is permitted. Natural features such as topography, trees, and drainage ways are encouraged to remain in their natural state to the degree possible. Such developments are generally characterized by a significant proportion of usable open space, unified design concept with particular attention devoted to the periphery of the development, with the objective being the compatibility of the development with its surroundings.
   B.   Permitted uses.
      1.   Those uses included as permitted and accessory uses in RR through UR Residential Districts developed in a unified manner in accordance with the approved development plan;
      2.   Convenience establishments as accessory uses which have been established as necessary for the proper development of the community and to be so located, designated and operated to serve primarily the needs of the persons within the planned development if specifically approved as part of the planned development plan. Uses shall be generally limited to those uses permitted in the B-1 District, with no direct access or advertising signs for such uses to be visible from the exterior of the development;
      3.   Such convenience establishments and their parking area shall not occupy more than five (5) percent of the total area of the development;
      4.   No separate building or structure designed or intended to be used, in whole or part, for business purposes within a planned residential development shall be constructed prior to the construction of not less than thirty (30) percent of the dwelling units proposed in the development plan;
      5.   Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met); and
      6.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   C.   Area requirements. The minimum land area required for a planned residential development shall be five (5) acres. This area requirement may be varied at the discretion of the County Board of Zoning Appeals upon recommendation of the Planning Commission and if it can be demonstrated that a variance is necessary to achieve an improved site design and that surrounding neighborhoods and public facilities will not be adversely affected.
   D.   Density requirements.  
      1.   Any combination or cluster of housing units is permitted, provided that the average lot area per family or dwelling unit contained in the site, exclusive of the area of street rights-of-way, and commercial area, will not exceed the following net overall densities:
         a.   Six (6) dwelling units per acre for single-family residential developments;
         b.   Eight (8) dwelling units per acre for developments containing a combination of single- family and two-family units;
         c.   Twelve (12) dwelling units per acre for a development containing a combination of single-family, two-family, and multifamily units; and
         d.   Fifteen (15) dwelling units per acre for multifamily residential developments.
      2.   The above density requirements may be varied at the discretion of the County Board of Zoning Appeals upon recommendation of the Planning Commission if it can be demonstrated that a variance is necessary to achieve an improved site design and that surrounding neighborhoods and public facilities will not be adversely affected.
      3.   All densities shall be dictated by the type of sewer and water system proposed upon recommendation by the County Health Department and/or EPA as appropriate.
   E.   Site design.  
      1.   All housing shall be sited to preserve privacy and to ensure natural light.
      2.   Lot widths may be varied to permit a variety of structural designs. It is also recommended that setbacks be varied. Every housing unit should be situated to abut upon common open space or similar areas. A clustering of dwellings is encouraged.
   F.   Structure spacing. A minimum of fifteen (15) feet shall be maintained between unattached principal structures.
   G.   Length. There shall be no continuous structure of apartments, attached dwellings, or townhouses containing more than the following respective maximum numbers of side-by-side dwelling units:
 
Apartments
12 units
Attached dwellings other than townhouses
8 units
Townhouses
6 units
 
   H.   Height. The height of any residential structure within a planned unit development shall not exceed thirty five (35) feet, unless it can be demonstrated that an additional height is required, with provision of suitable open space to protect adjacent structures from adverse reduction of light and air.
   I.   Setback and screening. A setback of fifty (50) feet shall be provided along the entire perimeter of the development and retained in natural woods, or be suitably landscaped with grass and/or ground cover, shrubs, and trees. Projects located adjacent to commercial or industrially zoned areas shall provide screening facilities, comprising landscaping, walls, or both, which will provide suitable protection to the residential development as adjudged by the Planning Commission and County Rural Zoning Commission. Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.
   J.   Common open space. A minimum of twenty-five (25) percent of the land in any planned residential development shall be reserved for permanent common open space and recreational facilities for the residents or users of the area being developed. Only areas having minimum dimensions of fifty (50) feet by one hundred (100) feet shall qualify for computation as usable open space.
   K.   Private streets. A private street where designated on a development plan shall meet all the design and construction requirements of the County Subdivision Regulations, with the exception of street width, and the requirement for curb and gutter in which standards may be varied upon review by the Planning Commission and Board of County Commissioners upon recommendation of the County Engineer.
   L.   Parking requirements. See Article IX for off-street parking requirements.
   M.   Signs. See Article X for size and location of permitted signs.
   N.   Supplemental district requirements. See § 817 for any pertinent additional requirements.
(Res. 669-94-72, § 813.20, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 813.30 PMH - PLANNED MOBILE/MANUFACTURED HOME RESIDENTIAL DISTRICT.

   A.   Policies underlying use of zone. This district is intended to permit the development of mobile/manufactured home parks in association with other residential development types while maintaining a reasonable population density and by providing for the unique requirements for this type of development. The provisions of this district are established to assure that the site design and arrangement in relation to other areas, together with the provision of associated facilities, result in an attractive, orderly, and efficient residential environment of sustained desirability in harmony with adjacent areas.
   B.   Permitted uses.
      1.   Mobile home parks.
         a.   Mobile homes (not self-propelled vehicles); and
         b.   Manufactured homes.
      2.    Private or non-commercial wind energy systems (if conditions found in § 1103.02 OO. are met).
      3.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met)
   C.   Accessory uses.
      1.   Coin-operated laundry, laundry and dry cleaning pickup stations for use of tenants only. No external sign of any nature whatsoever shall be permitted;
      2.   Other accessory uses, buildings or structures customarily incidental to the aforesaid use;
      3.   On-site mobile/manufactured homes sales. The sale of mobile and/or manufactured homes within a mobile/manufactured home park or subdivision shall be a conditional use having one (1) year’s duration. Said use shall be reviewed at the end of the first year for possible extension for an additional year, in total representing a maximum two (2) year duration. Such sales areas shall be well screened from the residential section of the park or subdivision and shall be located at the periphery of the site. All signs used for advertising shall be unobtrusive to the surrounding property; and
      4.   Neighborhood commercial facilities. In mobile home parks fifty (50) acres or more, neighborhood commercial facilities such as markets, barbers, beauty shops, doctor’s office, etc. may be planned in conjunction with a mobile home park but may not be physically occupied until the park is seventy-five (75) percent occupied by residents.
   D.   Minimum floor area. Individual mobile/manufactured homes located within the PMH District shall have a minimum floor area of six hundred (600) square feet.
   E.   Area requirements. Each mobile/manufactured home park shall have a minimum gross site area of ten (10) acres.
   F.   Density requirements. Gross density for a mobile/manufactured home park shall not exceed six (6) dwelling units per acre.
   G.   Minimum lot size. The minimum lot size within mobile/manufactured home parks or subdivision shall be determined by the size of the residential unit occupied lot area, ratios, building setback and separation, and parking requirements.
   H.   Occupied lot area ratio. A mobile or manufactured home shall not occupy an area in excess of one-third (1/3) of its respective lot area. The total occupied area of a mobile or manufactured home and its accessory buildings on a lot shall not exceed two-thirds (2/3) of the lot area.
   I.   Utilities.
      1.   Public utilities. Each mobile/manufactured home park shall be served by public water and sewer systems.
      2.   Underground utilities. In each mobile/manufactured home park all wires, cables, and lines providing telecommunication, including cable television, and electric utility services and connections of such utility systems to buildings and light poles in such parks, shall be located underground.
      3.   General requirements. Mobile/manufactured home parks shall meet all pertinent requirements of the State Department of Health and the County Health Department.
   J.   Landscaping. In all mobile/manufactured home parks, the following landscape provisions shall apply.
      1.   Along each property line, and within the perimeter setback area, there shall be provided screen fencing, landscape planting, or a landscaped berm or a combination thereof as specified within perimeter requirements.
      2.   Trees of at least one-inch caliper shall be installed on both sides of all streets within the mobile/manufactured home park at a spacing of fifty (50) feet between trees.
   K.   Setback requirements. The following setback requirements for all mobile or manufactured homes located in a mobile/manufactured home park shall apply:
      1.   From all perimeter lot lines, see perimeter requirements, below;
      2.   From any mobile or manufactured home located in the mobile home park, 20 feet; however, end-to-end clearance may be reduced to 10 feet;
      3.   From any community building, 50 feet; and
      4.   From any public or private street located within the park, 20 feet.
   L.   Perimeter requirements. A perimeter setback with respective screening requirements shall be provided which is adequate to protect the residential use in the development and, in any case, shall not be less than the following:
      1.   Where the adjoining land use (existing or permitted) is another similar or higher density use or is a collector street, a distance of thirty (30) feet containing a ninety (90) percent, visually solid, year-round landscaped buffer, six (6) feet in height; and
      2.   Where the adjoining land use is an arterial street, a residential use of lower density, or a nonresidential use, protection shall be provided by providing a distance of forty (40) feet continuing berms, walls, solid or louvered fencing, open fencing with appropriate planting, or a visually solid, year- round landscape buffer, six (6) feet in height. The County Rural Zoning Commission may waive all or part of the perimeter landscaping requirements if, due to the nature of the existing topography or other existing conditions, it is unreasonable to require a wall, fence, or screen.
   M.   Required open space. A minimum of ten (10) percent of the gross site area shall be set aside and reserved for usable open space. Said open space shall be in one (1) or more parcels, not less than one (1) acre each. The minimum dimension of said open space shall be two hundred (200) feet in any direction. For the purposes of this section, USABLE OPEN SPACE shall be construed to mean parks, common open areas, and areas containing a combination of community service buildings (clubhouses, swimming pools, etc.) and outdoor recreational areas.
   N.   Access control. Each mobile/manufactured home park shall have direct access to a collector or arterial thoroughfare.
   O.   Private streets.  
      1.   A mobile/manufactured home park shall have an entrance drive from a public street, and access to individual units shall be from private paved drives within the site. A paved walk shall be located along at least one side of each drive. The width and design of the entrance drive and access drives shall be adequate to accommodate fire protection vehicles and equipment as determined upon review by the Planning Commission and Board of County Commissioners upon recommendation by the County Engineer.
      2.   The following pavement widths are provided as a guideline in their regard:
 
28 feet
One-way traffic with parking
20 feet
One-way traffic, no parking
36 feet
Two-way traffic with parking
28 feet
Two-way traffic, no parking
 
   P.   Parking requirements. Two (2) paved, off-street parking spaces having a minimum area of two hundred (200) square feet each shall be provided for each mobile/manufactured home site. Said parking space shall be located either on the home site, behind the front setback area, or in a common parking area within the mobile/manufactured home park.
   Q.   Signs. Signs within the mobile/manufactured home development shall be limited to an identification sign containing the name of the park not to exceed thirty two (32) square feet, a nameplate attached to each home, which is no larger than one (1) square foot, directional signs indicating the location of utility buildings, including management office, parking area and common recreation areas, and traffic control signs.
   R.   Miscellaneous requirements.
      1.   Lighting. Appropriate lighting shall be provided along all interior roadways, and walkways. All lights shall be so positioned and shaded to avoid a glare on adjoining properties.
      2.   Drainage. Each mobile/manufactured home space shall be so constructed to provide adequate storm water draining from ramps, patios, and all walls and foundations of the home to the roadway.
      3.   Fuel supply. Where fuel is stored in outdoor storage tanks, they shall be supported by a concrete base and screened from view of surrounding home spaces and the street.
      4.   Enclosed undercarriage. All mobile homes located in mobile/manufactured home parks shall be enclosed from the bottom of the structure to the ground.
      5.   Stand. Each mobile home site shall be provided with a stand consisting of a solid concrete slab or two (2) concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock.
      6.   Foundation. A manufactured home must be attached to a foundation in accordance with plans prepared by a registered engineer providing for vertical loads, uplift, and lateral forces in compliance with the county’s Building Code provisions. The foundation must either be a slab or contain a solid perimeter wall in all installations in which the finished floor is more than six (6) inches above finished grade at any point.
      7.   Refuse containers. All refuse containers shall be screened from view of surrounding home spaces and the street.
   S.   Supplemental district requirements. See § 817 for any pertinent additional requirements.
   T.   Subdivision regulation compliance. All mobile/manufactured home park proposals intending to sell individual lots and thus subject to regulation as a subdivision shall comply with all pertinent provisions of the county’s Subdivision Regulations with the exception of requirements or standards which are superseded by provisions of this article.
(Res. 669-94-72, § 813.30, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)

§ 813.40 PRV - PLANNED RECREATIONAL VEHICLE PARK DISTRICT.

   A.   Policies underlying use of zone. This district is intended to permit the development of recreational vehicle parks within suitable locations of the county. The provisions of this district are established to assure that the site design and supporting services are properly planned and constructed to result in a development which will sustain the health and safety of its patrons as well as harmonious with its adjacent environment.
   B.   Permitted uses.
      1.   Permitted uses (rental facilities only).
         a.   Travel trailers;
         b.   Motor homes;
         c.   Camping trailers;
         d.   Pickup coaches;
         e.   Other vehicular accommodations used for travel, vacation, and recreational purposes; and
         f.   Tents.
      2.   Permitted uses (own-your-own facilities only).
         a.   Travel trailers;
         b.   Motor homes;
         c.   Camping trailers;
         d.   Pickup coaches;
         e.   Other vehicular accommodations used for travel, vacation and recreational purposes;
         f.   Tents;
         g.   Storage buildings, one (1) per lot, maximum size twelve (12) feet by twelve (12) feet or one hundred forty four (144) square feet to be used for storage only and not permanently attached to a foundation or the real estate;
         h.   Deck and/or patio or open porch;
         i.   Awnings and/or canopies;
         j.   Carport canopy; and
         k.   Fireplaces, not attached to any structure for cooking only. (Must comply with subsection F of this section.)
      3.   Uses permitted by a conditional permit (own-your-own facilities only).
         a.   One-room summer kitchen, one (1) per lot to be used as a temporary kitchen space only, and not permanently attached to a foundation or the real estate, with a maximum size of fourteen (14) feet by fourteen (14) feet or one hundred ninety six (196) square feet; and
         b.   Screened-in porch, not permanently attached to a foundation or the real estate.
   C.   Accessory uses.
      1.   Management headquarters, recreational facilities, toilets, dumping stations, showers, coin- operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park and campground; and
      2.   Stores, restaurants, beauty parlors, barber shops, and other convenience establishments in developments of fifty (50) acres or more, subject to the following restrictions:
         a.   Such establishments and the parking areas primarily related to their operations shall not occupy more than ten (10) percent of the area of the park;
         b.   Such establishments shall be restricted in their use to occupants of the park; and
         c.   Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.
      3.   Private or non-commercial solar energy systems for accessory uses 1 and 2 above (if conditions found in § 1103.02 TT. are met).
   D.   Site characteristics.
      1.   Minimum area.
         a.   Minimum area shall be 25 acres.
      2.   Site conditions.
         a.   Proposed RV parks shall be located in such areas within which the condition of soil, ground water level, drainage, and/or topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding or erosion shall be used for any purpose which would expose persons or property to hazards.
      3.   Location and access.
         a.   RV parks shall be so located that no entrance or exit from a park shall discharge traffic into any residential district nor require movement of traffic from the park through a residential district. An RV park shall have a minimum of one hundred fifty (150) feet of frontage on a public street.
   E.   Development standards.
      1.   Density.
         a.   RV parks shall contain no more than twenty (20) campsites per acre for rental facilities and twelve (12) campsites per acre for own-your-own facilities.
      2.   Campsite size.
         a.   Each campsite shall contain no less than one thousand five hundred (1,500) square feet for rental facilities and three thousand six hundred (3,600) square feet for own-your-own facilities.
      3.   Required separation between RVs.
         a.   RVs shall be separated from each other and from other structures by at least fifteen (15) feet. Any accessory structure such as attached awnings, carports, or individual storage facilities shall, for purposes of this separation requirement, be considered to be part of the RV.
      4.   Campsite construction.
         a.   Each campsite shall contain a stabilized vehicular parking pad of gravel, paving, or other suitable material. No part of a RV or other unit placed on a campsite shall be closer than five (5) feet to a campsite line.
      5.   Recreation facilities.
         a.   A minimum of twenty (20) percent of the gross site area shall be set aside and utilized as common use areas for open or enclosed recreation facilities. No campsite, required buffer strip, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.
      6.   Perimeter yard and screening requirements.
         a.   Each RV park shall set aside along the perimeter of the district the following areas which shall be landscaped and used for no other purpose.
            1)   Minimum campground front setback: twenty five (25) feet, except when park fronts on a state highway; then the minimum shall be fifty (50) feet.
            2)   Minimum side setback: when abutting residential districts, the side setback shall be fifty (50) feet; when abutting a dedicated public right-of-way, the side setback shall be twenty five (25) feet on the side street; when abutting any other zone district, the side setback shall be fifteen (15) feet along the interior lot line. These setbacks are minimum and are subject to review for each individual proposal.
            3)   Minimum rear setback: fifteen (15) feet, except when the rear yard abuts a dedicated public right-of-way, the minimum shall be twenty five (25) feet. If the rear yard abuts a residential district, the minimum rear setback shall be fifty (50) feet. These setbacks are minimum and are subject to review for each individual proposal.
            4)   Screening: where needed to enhance aesthetics or to ensure public welfare, the RV park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs approved by the Planning Commission which will complement the landscape and assure compatibility with the adjacent environment.
            5)   Fencing: between the campground and any private property a non-climbable fence at least six (6) feet tall shall be constructed.
      7.   Parking requirements.
         a.   There shall be at least three (3) off-street parking spaces designated in the park for each two (2) campsites. Off-street parking may be provided in common parking areas or on individual campsites.
      8.   Street requirements.
         a.   Streets in RV parks shall be private but shall be constructed with a stabilized travelway (gravel, paving, or other suitable material) and shall meet the following minimum stabilized travelway width requirements:
            1)   One-way, no parking, 14 feet;
            2)   One-way with parking on 1 side, or 2-way with no parking, 20 feet;
            3)   Two-way with parking on one side, 30 feet; and
            4)   Two-way with parking on both sides, 36 feet.
      9.   Access requirements.
         a.   Entrance and exits to RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic in adjacent streets. All traffic into and out of the park shall be through such entrances and exits.
         b.   Entrance driveways shall be located not closer than one hundred fifty (150) feet from the intersection of public street.
      10.   Drainage requirements.
         a.   Surface drainage plans for the entire tract shall be reviewed by the County Engineer who shall determine whether the proposed plan is compatible with the surrounding existing drainage plan, prior to issuance of final site plan approval and development permits. No such permit shall be issued in such instances where the County Engineer finds the plan to be incompatible with surrounding areas.
      11.   Soil and ground cover.
         a.   Exposed ground surface in all parts of the RV park shall be paved, or covered with stone screenings or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
   F.   Operational standards.
      1.   Length of stay.
         a.   No recreational or other type vehicle shall be used as a permanent place of abode, dwelling, or business or for indefinite periods of time. Continuous occupancy extending beyond three (3) months in any twelve (12) month period shall be presumed to be permanent occupancy.
         b.   Any action toward removal of wheels of a vehicle except for temporary purposes of repair or to attach to the grounds for stabilizing purposes is hereby prohibited.
   G.   Utilities and public services.
      1.   Water supply.
         a.   The water supply shall be designed, constructed, and maintained in compliance with State Environmental Protection Agency regulations and recommendations to provide a safe, potable, and adequate supply of water.
         b.   The water supply shall not be connected to any non-potable water supply nor be subject to any backflow or back-siphonage.
         c.   No surface or stored water supply shall be used unless treated by a minimum of filtration and disinfection or under conditions approved by the State Environmental Protection Agency. When approved for use, transported water shall be obtained from an acceptable source, stored, and dispensed in an approved manner, and shall contain a free chlorine residual of at least 0.2 p.p.m. at all points in the water system.
         d.   Wells equipped with a hand pump shall be of the enclosed self-priming or sealed interior type pump with a closed, downward-directed spout. The well casing shall be protected by extending the casing at least one (1) inch above the face of the pump flange and a concrete apron graded to drain waste water away from the well. Open pitcher pumps are not permitted.
         e.   Where water is distributed under pressure, the water supply system shall deliver water at a minimum pressure of at least twenty (20) pounds per square inch and a minimum flow of at least one (1) gallon per minute at all outlets.
         f.   The water supply shall deliver the following minimum volumes:
            1)   One hundred (100) gallons per day per campsite with individual water connections and where flush toilets are used in the camping vehicle or in the service building;
            2)   Seventy-five (75) gallons per day per campsite where faucets are provided in common and centralized flush toilets in a service building are used;
            3)   Fifty (50) gallons per day per campsite where faucets are provided in common and privies are used;
            4)   Twenty-five (25) gallons per day per picnic site or five (5) gallons per person per day in recreational areas with common faucets and flush toilets; and
            5)   Three (3) gallons of water per person per day in a picnic or recreational area with common faucets and privies.
         g.   Water service lines, riser pipes, and valves shall be installed and protected from damage by freezing, ground movement, vehicles, or other damage sources. Shutoff valves and drain valves, installed for draining the system, and the water service distribution lines shall be so arranged that water will be available to those campsites being occupied during low temperature winter periods. Underground waste valves are not permitted and shall not be installed on any water service.
         h.   Where water connections are provided at each campsite and there are individual sewer connections, the riser pipe shall be at least one-half inch in size and shall extend at least four (4) inches vertically above the ground elevation. It shall be equipped with a threaded male spigot for attaching a standard garden hose.
         i.   Where individual water connections are not provided, common-use water faucets shall be conveniently accessible and located not more than one hundred fifty (150) feet from any campsite.
         j.   Drinking fountains, if provided, shall be approved angle jet types with adequate water pressure.
         k.   Spillage, overflow, drainage, or waste water from faucets and drinking fountains shall be discharged to approved drains to prevent impoundment of water, creation of mud holes, or other nuisance conditions.
         l.   A water station for filling camping vehicle water storage tanks shall be provided at the rate of one station for every one hundred (100) campsites. These shall be located not less than fifty (50) feet from a sanitary station. The station shall be posted with signs of durable material (not less than two (2) feet) which state: “Potable Water - Do Not Use to Flush Camping Vehicle Waste Tanks”. Such water station shall consist of at least a three-fourths (3/4) inch pipe and valve outlet and shall be protected against the hazards of backflow and back-siphonage by an approved vacuum breaker located downstream from the shutoff valve. The fill hose shall be suspended so that no part of the hose and its appurtenances will come into contact with the ground. A sign shall be posted at the entrance indicating the provision of a sanitary station and water station.
      2.   Sewage disposal.
         a.   Facilities shall be provided and properly maintained for the collection and disposal or treatment and disposal of sewage in compliance with State Environmental Protection Agency regulations and recommendations.
         b.   Where a public sewer system is available, all plumbing fixtures, building sewers, and campground sewers shall be connected thereto. If a public sewer system is not available, a private sewage collection and disposal facility meeting requirements of the State Environmental Protection Agency, the County Health Department, and other applicable local government sewage disposal requirements shall be installed and all building sewers and campground sewers connected thereto.
         c.   Solid and liquid wastes shall not be discharged or otherwise disposed of on the surface of the ground or into any well, open ditch, stream, lake, or reservoir.
      3.   Sewage collection.
         a.   Sewage collection lines shall be laid in trenches of sufficient depth to be free of breakage from traffic, ground movement, agricultural activity, or other sources of damage, and shall be separated from the water supply system by a horizontal distance of ten (10) feet and a vertical elevation of two (2) feet below water lines at crossing points unless pressure sewers are used.
         b.   The sewer lines shall be connected of approved materials with adequate vents, watertight joints, and sufficient cleanouts. All sewer lines shall have a minimum diameter of six (6) inches, except that a sewer lateral which serves no more than twenty five (25) individual sewer connections for individual camping vehicle lots or no more than five (5) toilet connections may be four (4) inches in diameter.
         c.   Sewers shall be installed at a grade of at least one-eighth inch per foot to ensure a velocity of ten (10) feet per second when flowing full. Horizontal drainage lines connecting with other horizontal drainage lines shall enter through forty five (45) degree “Y” branches or other combinations of equivalent sweep.
         d.   Cleanouts or manholes shall be provided at the upper end of each main sewer line, at intersections of two (2) or more sewer lines, changes in grade or alignment of more than forty five (45) degrees, and at intervals of not more than four hundred (400) feet.
         e.   Individual sewer connections shall meet the following requirements.
            1)   A four-inch inside diameter sewer lateral and riser pipe with the surrounding ground graded to drain from the rim of the riser pipe. The sewer lateral shall be properly trapped and vented if camping vehicles without individually trapped and vented plumbing fixtures are accommodated.
         f.   Dependent camping vehicles with a drain hose less than three (3) inches in diameter shall be connected with reducers and a screw or clamp-type fittings.
         g.   Drain outlets from independent camping vehicles shall be capped or connected with a durable, readily cleanable, nonabsorbent, corrosion-resistant drain hose having an inside diameter of not less than three (3) inches. The sewer service connection shall be installed and maintained with a grade not less than one-quarter inch per foot.
         h.   When the campsite is not occupied, the sewer riser pipe shall be adequately covered.
         i.   A flushing sink or other means of disposal shall be provided for disposal of liquid wastes from dependent camping vehicles, unless a sanitary waste station is provided and is conveniently located. The flushing sink shall be easily accessible and located at a distance of not more than three hundred (300) feet from any campsite. The sinks shall not be located in a room containing toilet, lavatory, or bathing facilities, and toilets shall not be used for disposal of liquid wastes. Common-use faucets or hydrants and lavatories in service buildings shall not be used for cleaning fish and food, and washing dishes, utensils, clothing, or other articles of household use.
         j.   A sanitary waste station shall be provided for each one hundred (100) campsites or part thereof not equipped with individual sewer connections. Unless other approved means are used, the sanitary station shall be designed and constructed to include the following:
            1)   Easy ingress and egress from a service road for camping vehicles and located not less than fifty (50) feet from a campsite;
            2)   Connection to the sewer system by a trapped four-inch sewer riser pipe and vented not more than ten (10) feet downstream from the trap by a four-inch vent, adequately supported and extending at least eight (8) feet above the ground surface;
            3)   The sewage inlet surrounded by a curbed concrete apron or trough of at least three (3) feet by three (3) feet, sloped to the inlet, and provided with a suitable hinged cover milled to fit tightly;
            4)   A means for flushing the immediate area and a camping vehicle holding tank shall be provided at each sanitary waste station. It shall consist of a properly supported water riser pipe, terminating two (2) feet above the ground with a three-fourths (3/4) inch valved outlet and attached hose. The water outlet shall be protected against back-siphonage and backflow by an approved vacuum breaker installation located downstream from the shutoff valve; and
            5)   A sign, constructed of durable material and not less than two (2) feet square, posted adjacent to the water flushing outlet and inscribed with the warning: “Unsafe Water Facility”.
         k.   The plumbing shall be installed in accordance with the latest edition of the County Plumbing Code.
      4.   Refuse disposal.
         a.   The storage, collection, and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents, or other nuisance conditions.
         b.   Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than three hundred (300) feet from any camp or picnic site unless provided at the campsite. Refuse containers shall be provided at the rate of eight (8) cubic feet (sixty (60) gallons) for each five (5) campsites or the equivalent thereof if containers are provided at individual sites.
         c.   Unless refuse is collected daily, the containers shall be covered with close-fitting, fly- tight covers.
         d.   Refuse shall be collected and removed from the premises as often as necessary but not less than once weekly during the campground occupancy, and disposed of at a lawful disposal site.
      5.   Insect and rodent control.
         a.   Insects and domestic rodents shall be controlled by elimination of breeding and harborage sources, proper sanitary practices, extermination, vermin-proofing of buildings, and other approved control methods.
      6.   Fires, cooking, and eating facilities.
         a.   Fires.
            1)   Fires will be permitted only in facilities which have provided for such purposes or where open fires are allowed.
            2)   Fireplaces, fire pits, charcoal braziers, wood-burning stoves, or other cooking facilities shall be located, constructed, maintained, and used to minimize fire hazard and smoke nuisance in the campground and the neighboring properties.
            3)   No fire shall be abandoned, left unattended, or allowed to become a hazard to trees, vegetation, camping equipment, or adjacent campsites.
            4)   Fires shall be completely extinguished before the campsite is vacated.
            5)   No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
            6)   Flammable liquids shall be stored in metal containers approved by the Underwriters Laboratories, Inc.
         b.   Tables shall be durable, non-tip construction and finished with a smooth, readily cleanable, weather-resistant material.
         c.   Food service activities, requiring a license or certificate of inspection and the production, storage, and dispensing of ice shall be conducted in conformance with the physical and operational requirements of the Rules and Regulations Governing the Maintenance of Food Service Establishments in this state.
      7.   Sanitary facilities.
         a.   Required toilet, lavatory, and bathing facilities shall be provided in the following minimum numbers.
            1)   In every campground, there shall be at least one (1) toilet for each sex.
            2)   A water supply shall be provided by a hand pump or water spigot.
            3)   Where a campground is designed and operated for exclusive use by independent or self-contained camping vehicles only, at least one (1) toilet and one (1) lavatory shall be provided for each sex at the rate of one (1) for every one hundred (100) campsites or fractional part thereof.
            4)   Where a campground accepts or accommodates dependent camping vehicles and camping equipment campers, at least one (1) toilet and one (1) lavatory shall be provided for each sex at the rate of one each for every fifteen (15) campsites or fractional part thereof, and one (1) shower shall be provided for each sex for every thirty (30) campsites or fractional part thereof. Lavatories shall be provided at each building containing toilet facilities.
            5)   Toilets and lavatories shall be provided for each sex at the rate of one (1) for every thirty (30) picnic spaces and one for each one hundred (100) persons in a recreational area having concentrated numbers of people.
         b.   Urinals may be substituted for up to one-third of the required number of toilets. Men’s toilet rooms hereafter constructed shall include urinals where more than two (2) toilets are required. Twenty-four (24) inches of trough urinals shall be considered the equivalent of one (1) urinal.
         c.   Twenty-four (24) inches of a wash sink shall be considered the equivalent of one (1) lavatory. Laundry tubs and service sinks will not be acceptable substitutes for lavatories.
      8.   Service buildings.
         a.   Service buildings shall be constructed of easily cleanable, nonabsorbent materials, maintained in good repair and in a clean and sanitary condition. They shall be conveniently located at a distance of not less than ten (10) or more than four hundred (400) feet from any dependent camping vehicle lot or persons served in a recreational area.
         b.   Separate rooms containing required plumbing fixtures shall be provided for each sex and clearly marked “Men” and “Women”. If located in the same building, they shall be separated by a solid, sound-resistant wall extending from floor to ceiling. The entrances shall be so designed so that the plumbing fixtures are not visible from the outside. A landing shall be provided beyond each exterior door opening and shall have a width and length not less than the door opening.
         c.   The floors of service buildings shall have a smooth, impermeable, and easily cleaned surface, sloped to drain. Floor drains, properly trapped, shall be provided in all shower baths and shower rooms to remove waste water and to facilitate cleaning. The walls and ceilings of such buildings shall be finished, and the walls shall have a smooth, nonabsorbent, easily cleanable surface extending to a height of four (4) feet in toilet rooms and six (6) feet in shower rooms.
         d.   Every service building shall have a minimum ceiling height of seven and one-half feet (7-1/2). In rooms with sloping ceilings, the required ceiling height shall be provided in at least fifty (50) percent of the rooms, and no portion of any room having a ceiling height of less than five (5) feet shall be considered as contributing to the minimum required areas.
         e.   Every service building shall have at least one (1) window with direct and unobstructed opening to the outside for natural light and ventilation, unless other approved means of light and ventilation to the outside air are provided.
         f.   When necessary for exclusion of flies, mosquitoes, and other insects, all exterior openings of service buildings shall be protected with fly screening of not less than sixteen (16) mesh per square inch, unless other approved protective devices are provided.
         g.   Every service building shall be provided with a least one (1) ceiling-type light fixture, at least one (1) separate double convenience outlet adjacent to the lavatories, and a light fixture at the outside entrance of the service building. All lights shall have wall switches; no pull cords shall be allowed.
         h.   Illumination levels of at least thirty (30) footcandles shall be maintained at lavatory mirrors and laundry room work areas, and at least five (5) footcandles (shall be maintained) for general seeing tasks and at the service building entrance area.
         i.   Where climatic conditions require artificial heating, service buildings shall be provided with approved heating facilities which are properly installed, maintained in a safe working condition, and capable of maintaining a room temperature of 68ºF.
         j.   Toilets and showers shall be separately installed to be individually accessible and to permit simultaneous use.
         k.   Each toilet shall be individually partitioned with a door to ensure privacy. The compartment shall be at least thirty (30) inches in width with at least twenty four (24) inches of clear space in front of a toilet. The dividing partitions shall be at least five (5) feet in height with not less than six (6) inches nor more than twelve (12) inches separating the partition bottom and the floor. Toilets shall be provided with open-front seats.
         l.   Each shower shall be individually partitioned with a curtain, screen, or door to afford privacy.
         m.   Shower stalls shall not be less than thirty (30) inches by thirty (30) inches in area and shall be constructed to prevent water flow into the dressing room space.
         n.   Shower floors shall be skid-resistant or provided with disposal or with nonslip impervious mats. Wooden racks (dust boards) over shower floors are prohibited. Where impervious mats are used, they must be cleaned, dried, and kept off the shower floor when not in use.
         o.   Dressing room space, screened from view and equivalent to the size of the shower floor area, shall be provided adjacent to bathing facilities and shall be equipped with a bench and clothes hook.
         p.   Hot and cold water under pressure shall be supplied to all required plumbing fixtures, except that cold water only shall be supplied to toilets. Tempered water may be delivered to showers and sinks to conserve heated water and heating equipment. The system shall be designed to prevent discharge of water in excess of 120 degrees F. at shower heads.
         q.   Hot water heating facilities shall have the capacity to provide a minimum of three (3) gallons of hot water (100 degrees F. rise) per hour per each campsite during times of peak demands.
         r.   Required plumbing fixtures shall be maintained in good working order and in clean and sanitary condition. Every service room containing sanitary fixtures shall be provided with a waste basket.
         s.   Toilets shall be provided with a toilet paper holder or dispenser and a supply of toilet paper and a covered receptacle and lavatory areas shall be provided with clothes hooks, shelves, and trash receptacles.
         t.   Service building construction shall conform to applicable provisions of the current edition of the Ohio Building Code/Residential Code of Ohio, whichever is applicable, including specifications for making buildings and facilities accessible to and usable by the physically disabled.
      9.   Safety.
         a.   Electric service shall be for plug-in connection of the manufactured recreation vehicles supply cord only. However, in some cases a remote pedestal receptacle may be installed to provide power to the recreational vehicles power cord only, provided it is inspected by the County Building Regulation Department. In no case shall any wiring be installed in any summer kitchen, storage shed, porch, or any other structure. Also in no case shall wiring be run to provide receptacles to any area of the lot.
         b.   Liquid petroleum gas, fuel oil, gasoline, and other flammable liquids shall be handled and used in a safe manner and shall not be stored inside or beneath any camping vehicle or within five (5) feet of a door of a camping vehicle.
         c.   The grounds, buildings, and related facilities shall be constructed, maintained, and used in accordance with applicable local and state fire prevention regulations.
         d.   Play equipment, when provided for children, shall be designed for safety, maintained in good repair, and located in areas free from hazards.
         e.   Stables and corrals shall be located on a well-drained site and located at least fifty (50) feet from any campsite or food preparation area. Horses and large animals shall be kept in a manner to prevent hazards to inquisitive children and to prevent air or water pollution or nuisance conditions.
(Res. 669-94-72, § 813.40, effective 4-5-1995; Res. effective 10-5-2007; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

§ 813.50 PRD - PLANNED RETREAT DISTRICT.

   A.   Policies underlying use of zone.
      1.   This district is intended to permit the development of retreat facilities which are characterized by a combination of both permanent as well as temporary housing accommodations for participants to be located within suitable locations in the county. Such proposals should be presented as unified design concept with the overall objective of maximum retention of the site’s natural patterns such as trees, drainageways and topography in a natural state, while providing for the unique requirements for the type of development.
      2.   The provisions of this district place particular emphasis upon assurances that the site design and supporting facilities are properly planned and constructed to result in a development which will sustain the health and safety of its patrons as well as function harmoniously with the adjacent environment.
   B.   Permitted uses.
      1.   Single-family residences;
      2.   Campsites for motor homes, recreational vehicles, tents;
      3.   Multifamily units;
      4.   Dormitories;
      5.   Churches;
      6.   Community centers; and
      7.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   C.   Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of the retreat facility.
      1.   Stores, restaurants, and the other convenience establishments in developments of one hundred (100) acres or more, subject to the following restrictions:
         a.   Such establishments and the parking areas primarily related to their operations shall not occupy more than ten (10) percent of the area of the park;
         b.   Such establishments shall be restricted in their use to occupants of the park; and
         c.   Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.
   D.   Site characteristics.
      1.   Minimum area.
         a.   Minimum area shall be fifty (50) acres, exclusive of highway right-of-way.
      2.   Site conditions and location.
         a.   Proposed retreat sites shall be located in such areas within which the condition of soil, ground water level, drainage and/or topography shall not create hazards to the property or the health or safety of the occupants. No portion of the site subject to unpredictable and/or sudden flooding or erosion shall be used for any purpose which would expose persons or property to hazards either on- or off-site. The location of such sites shall be within one-half (1/2) mile of a state highway or major county arterial.
      3.   Access.
         a.   Retreat facilities shall be so located that no entrance or exit from the facility shall discharge traffic into any residential district nor require movement of traffic through a residential district. A retreat facility shall have a minimum of one hundred fifty (150) feet of frontage on a public street.
   E.   Development standards.
      1.   Density. The following shall be the minimum lot or site areas for each respective type of unit:
         a.   Single-family residences, 4,500 square feet;
         b.   Campsites for motor homes and recreational vehicles: temporary sites, 1,500 square feet; permanent sites for motor homes, 2,500 square feet;
         c.   Multifamily units, 3,500 square feet; and
         d.   Dormitory units, 2,000 square feet.
      2.   Structural spacing.
         a.   A minimum distance of fifteen (15) feet shall be maintained between temporary structures or between temporary and permanent structures and twenty five (25) feet between permanent structures.
      3.   Structural height.
         a.   The height of any structure within a PRD District shall not exceed thirty five (35) feet with the exception of those items identified in § 817 of this County Zoning Resolution.
      4.   Campsite construction.
         a.   Each campsite for a motor home or RV shall contain a stabilized vehicular parking pad of gravel, paving, or other suitable material. No part of a RV or other temporary unit placed on a campsite shall be closer than five (5) feet to a campsite line.
      5.   Perimeter yard and servicing requirements.
         a.   Each PRD facility shall set aside along the perimeter of the district the following areas which shall be landscaped and used for no other purpose.
            1)   Minimum front setback: twenty five (25) feet, except when facility fronts on a state highway; then the minimum shall be fifty (50) feet.
            2)   Minimum side setback: when abutting residential districts, the side setback shall be fifty (50) feet; when abutting a dedicated public right-of-way, the side setback shall be twenty five (25) feet on the side street; when abutting any other zone district, the side setback shall be fifteen (15) feet along the interior lot line. These setbacks are minimum and area subject to review for each individual proposal.
            3)   Minimum rear setback: fifteen (15) feet, except when the rear yard abuts a dedicated public right-of-way or a residential district. If the rear yard abuts a dedicated public right-of- way, the minimum shall be twenty five (25) feet. If the rear yard abuts a residential district, the minimum rear setback shall be fifty (50) feet. These setbacks are minimum and are subject for review for each individual proposal.
            4)   Screening: where needed to enhance aesthetics or to ensure public welfare, the retreat facility shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs approved by the Planning Commission which will complement the landscape and assure compatibility with the adjacent environment.
            5)   Fencing: between the campground and any private property a non-climbable fence at least six (6) feet tall shall be constructed.
      6.   Signs.
         a.   Signs shall conform with type and size requirements governing signage within the OS Zoning District. Any additional identification signs shall be limited to one (1) square foot for each one (1) foot of building frontage.
      7.   Parking requirements.
         a.   There shall be at least three (3) off-street parking spaces designated in the retreat facility for each two (2) residential units, plus additional parking facilities as respectively required within § 902 of the County Rural Zoning Resolution for each nonresidential activity located within the retreat facility.
      8.   Street requirements.
         a.   Streets in retreat facilities shall be private, but shall be constructed with a stabilized travelway (gravel, paving, or other suitable material) and shall meet the following minimum stabilized travelway width requirements:
            1)   One-way, no parking, 14 feet;
            2)   One-way with parking on 1 side, or 2-way with no parking, 20 feet;
            3)   Two-way with parking on one side, 30 feet; and
            4)   Two-way with parking on both sides, 36 feet.
      9.   Access requirements.
         a.   Entrances and exits to retreat facilities shall be designed for safe and convenient movement of traffic into and out of the facility and to minimize marginal friction with free movement of traffic in adjacent streets. All traffic into and out of the facility shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the road within one hundred (100) feet where the speed limit is forty five (45) mph, or one hundred fifty (150) feet, where the speed limit exceeds forty five (45) mph of any portion of the approach lane of the access way within twenty five (25) feet of its intersection with the right-hand lane of the street. Entrance driveways shall be located not closer than one hundred fifty (150) feet from the intersection of public streets.
      10.   Drainage requirements.
         a.   Surface drainage plans for the entire tract shall be reviewed by the County Engineering Department which shall determine whether the proposed plan is compatible with the surrounding existing drainage plan, prior to issuance of final site plan approval and development permits. No such permit shall be issued in such instances where the County Engineering Department finds the plan to be incompatible with surrounding areas.
      11.   Soil and ground cover.
         a.   Exposed ground surface in all parts of the retreat facility shall be paved, or covered with stone screenings or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
   F.   Operational standards.
      1.   Length of stay.
         a.   No recreational type vehicle shall be used as a permanent place of abode, dwelling, or business or for indefinite periods of time. Continuous occupancy extending beyond three (3) months in any 12-month period shall be presumed to be permanent occupancy.
         b.   Any action towards removal of wheels of such vehicles except for temporary purposes of repair or to attach to grounds for stabilizing purposes is hereby prohibited.
   G.   Utilities and public services.
      1.   Water supply.
         a.   The water supply shall be designed, constructed, and maintained in compliance with State Environmental Protection Agency regulations and recommendations to provide a safe, potable, and adequate supply of water.
         b.   The water supply shall not be connected to any non-potable water supply nor be subject to any backflow or back-siphonage.
         c.   No surface or stored water supply shall be used unless treated by a minimum of filtration and disinfection or under conditions approved by the State Environmental Protection Agency. When approved for use, transported water shall be obtained from an acceptable source, stored and dispensed in an approved manner, and shall contain a free chlorine residual of at least 0.2 p.p.m. at all points in the water system.
         d.   Wells equipped with a hand pump shall be of the enclosed self-priming or sealed interior type pump with a closed, downward-directed spout. The well casing shall be protected by extending the casing at least one (1) inch above the face of the pump flange and a concrete apron graded to drain wastewater away from the well. Open pitcher pumps are not permitted.
         e.   Where water is distributed under pressure, the water supply system shall deliver water at a minimum pressure of at least twenty (20) pounds per square inch and a minimum flow of at least one (1) gallon per minute at all outlets.
         f.   The water supply shall deliver the following minimum volumes:
            1)   One hundred (100) gallons per day per campsite with individual water connections and where flush toilets are used in the camping vehicle or in the service building;
            2)   Seventy-five (75) gallons per day per campsite where faucets are provided in common and centralized flush toilets in a service building are used;
            3)   Fifty (50) gallons per day per campsite where faucets are provided in common and privies are used;
            4)   Twenty-five (25) gallons per day per picnic site or five (5) gallons per person per day in recreational areas with common faucets and flush toilets; and
            5)   Three (3) gallons of water per person per day in a picnic or recreational area with common faucets and privies.
         g.   Water service lines, riser pipes, and valves shall be installed and protected from damage by freezing, ground movement, vehicles, or other damage sources. Shutoff valves and drain valves, installed for draining the system, and the water service distributing lines shall be so arranged that water will be available to those campsites being occupied during low temperature winter periods. Underground stop and waste valves are not permitted and shall not be installed on any water service.
         h.   Where water connections are provided at each campsite and there are individual sewer connections, the riser pipe shall be at least one-half (1/2) inch in size and shall extend at least four (4) inches vertically above the ground elevation. It shall be equipped with a one-half (1/2) inch valve outlet with a threaded male spigot for attaching a standard garden hose.
         i.   Where individual water connections are not provided, common use water faucets shall be conveniently accessible and located not more than one hundred fifty (150) feet from any campsite.
         j.   Drinking fountains, if provided, shall be approved angle jet types with adequate water pressure.
         k.   Spillage, overflow, drainage, or waste water from faucets and drinking fountains shall be discharged to approved drains to prevent impoundment of water, creation of mud holes, or other nuisance conditions.
         l.   A water station for filling camping vehicle water storage tanks shall be provided at the rate of one (1) station for every one hundred (100) campsites. These shall be located not less than fifty (50) feet from a sanitary station. The station shall be posted with signs of durable material (not less than two (2) feet) which state: “Potable Water - Do Not Use to Flush Camping Vehicle Waste Tanks”. Such water station shall consist of at least a three-fourths inch pipe and valve outlet and shall be protected against the hazards of backflow and back-siphonage by an approved vacuum breaker located downstream from the shutoff valve. The fill hose shall be suspended so that no part of the hose and its appurtenances will come into contact with the ground. A sign shall be posted at the entrance indicating the provision of a sanitary station and water station.
      2.   Sewage disposal.
         a.   Facilities shall be provided and properly maintained for the collection and disposal or treatment and disposal of sewage.
         b.   Where a public sewer system is available, all plumbing fixtures, building sewers, and campground sewers shall be connected thereto. If a public sewer system is not available, a private sewage collection and disposal facility meeting requirements of the State Environmental Protection Agency, the County Health Department, and other applicable local government sewage disposal requirements shall be installed and all building sewers and campground sewers connected thereto.
         c.   Solid and liquid wastes shall not be discharged or otherwise disposed of on the surface of the ground or into any well, open ditch, stream, lake, or reservoir.
      3.   Sewage collection.
         a.   Sewage collection lines shall be laid in trenches of sufficient depth to be free of breakage from traffic, ground movement, agricultural activity, or other sources of damage, and shall be separated from the water supply system by a horizontal distance of ten (10) feet and a vertical elevation of two (2) feet below water lines at crossing points unless pressure sewers are used.
         b.   The sewer lines shall be connected of approved materials with adequate vents, watertight joints, and sufficient cleanouts. All sewer lines shall have a minimum diameter of six (6) inches, except that a sewer lateral which serves no more than twenty five (25) individual sewer connections for individual camping vehicle lots or no more than five (5) toilet connections may be four (4) inches in diameter.
         c.   Sewers shall be installed at a grade of at least one-eighth inch per foot to ensure a velocity of two (2) feet per second when flowing full. Horizontal drainage lines connecting with other horizontal drainage lines shall enter through forty five (45) degree “Y” branches or other combinations of equivalent sweep.
         d.   Cleanouts or manholes shall be provided at the upper end of each main sewer line, at intersections of two (2) or more sewer lines, changes in grade or alignment of more than forty five (45) degrees, and at intervals of not more than four hundred (400) feet.
         e.   Individual sewer connections shall meet the following requirements:
            1)   A four-inch inside diameter sewer lateral and riser pipe with the surrounding ground graded to drain from the rim of the riser pipe. The sewer lateral shall be properly trapped and vented if camping vehicles without individually trapped and vented plumbing fixtures are accommodated.
         f.   Dependent camping vehicles with a drain hose less than three (3) inches in diameter shall be connected with reducers and a screw or clamp-type fittings.
         g.   Drain outlets from independent camping vehicles shall be capped or connected with a durable, readily cleanable, non-absorbent, corrosion-resistant drain hose having an inside diameter of not less than three (3) inches. The sewer service connection shall be installed and maintained with a grade not less than one-quarter inch per foot.
         h.   When the campsite is not occupied, the sewer riser pipe shall be adequately covered.
         i.   A flushing sink or other means of disposal shall be provided for disposal of liquid wastes from dependent camping vehicles, unless a sanitary waste station is provided and is conveniently located. The flushing sink shall be easily accessible and located at a distance of not more than three hundred (300) feet from any campsite. The sinks shall not be located in a room containing toilet, lavatory, or bathing facilities, and toilets shall not be used for disposal of liquid wastes. Common use faucets or hydrants and lavatories in service buildings shall not be used for cleaning fish and food, and washing dishes, utensils, clothing, or other articles of household use.
         j.   A sanitary waste station shall be provided for each one hundred (100) campsites or part thereof not equipped with individual sewer connections. Unless other approved means are used, the sanitary station shall be designed and constructed to include the following:
            1)   Easy ingress and egress from a service road for camping vehicles and located not less than fifty (50) feet from a campsite;
            2)   Connection to the sewer system by a trapped four-inch sewer riser pipe and vented not more than ten (10) feet downstream from the trap by a four-inch vent, adequately supported and extending at least eight (8) feet above the ground surface;
            3)   The sewer inlet surrounded by a curbed concrete apron or trough of at least three (3) feet by three (3) feet, sloped to the inlet, and provided with a suitable hinged cover milled to fit tightly; and
            4)   A means for flushing the immediate area and a camping vehicle holding tank shall be provided at each sanitary waste station. It shall consist of a properly supported water riser pipe, terminating two (2) feet above the ground with a three-fourths inch valved outlet and attached hose. The water outlet shall be protected against back-siphonage and backflow by an approved vacuum breaker installation located downstream from the shutoff valve.
      4.   Refuse disposal.
         a.   The storage, collection, and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents, or other nuisance conditions.
         b.   Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than three hundred (300) feet from any camp or picnic site unless provided at the campsite. Refuse containers shall be provided at the rate of eight (8) cubic feet (sixty (60) gallons) for each five (5) campsites or the equivalent thereof if containers are provided at individual sites.
         c.   Unless refuse is collected daily, the containers shall be covered with close-fitting, fly-tight covers.
         d.   Refuse shall be collected and removed from the premises as often as necessary, but not less than once weekly during the campground occupancy, and disposed of at a lawful disposal site.
      5.   Insect and rodent control.
         a.   Insects and domestic rodents shall be controlled by elimination of breeding and harborage sources, proper sanitary practices, extermination, vermin-proofing of buildings, and other approved control methods.
      6.   Fires, cooking, and eating facilities.
         a.   Fires.
            1)   Fires will be permitted only in facilities which have been provided for such purposes or where open fires are allowed.
            2)   Fireplaces, fire pits, charcoal braziers, wood-burning stoves, or other cooking facilities shall be located, constructed, maintained, and used to minimize fire hazard and smoke nuisance in the campground and the neighboring properties.
            3)   No fire shall be abandoned, left unattended, or allowed to become a hazard to trees, vegetation, camping equipment, or adjacent campsites.
            4)   Fires shall be completely extinguished before the campsite is vacated.
            5)   No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
            6)   Flammable liquids shall be stored in metal containers approved by the Underwriters Laboratories, Inc.
         b.   Tables shall be of durable, non-tip construction and finished with a smooth, readily cleanable, weather-resistant material.
         c.   Food service activities, requiring a license or certificate of inspection and the production, storage, and dispensing of ice shall be conducted in conformance with the physical and operational requirements of the Rules and Regulations Governing the Maintenance of Food Service Establishments in this state.
      7.   Sanitary facilities.
         a.   Required toilet, lavatory, and bathing facilities shall be provided within permanent facilities as required by the County Building Code.
         b.   Such facilities shall be provided to serve temporary units as follows:
            1)   Where a retreat facility is designed and operated for exclusive use by independent or self-contained camping vehicles only, at least one (1) toilet and one lavatory shall be provided for each sex at the rate of one (1) for every one hundred (100) campsites or fractional part thereof;
            2)   Where a retreat facility accepts or accommodates dependent camping vehicles and camping equipment campers, at least one (1) toilet and one (1) lavatory shall be provided for each sex at the rate of one for every fifteen (15) campsites or fractional part thereof, and one (1) shower shall be provided for each sex for every thirty (30) campsites or fractional part thereof. Lavatories shall be provided at each building containing toilet facilities;
            3)   Toilets and lavatories shall be provided for each sex at the rate of one (1) for every thirty (30) picnic spaces and one (1) for each one hundred (100) persons in a recreational area having concentrated numbers of people; and
            4)   Urinals may be substituted for up to one-third (1/3) of the required number of toilets. Men’s toilet rooms hereafter constructed shall include urinals where more than two (2) toilets are required.
      8.   Service buildings.
         a.   Service buildings shall be constructed of easily cleanable, non-absorbent materials, maintained in good repair and in a clean and sanitary condition. They shall be conveniently located at a distance of not less than ten (10) or more than four hundred (400) feet from any dependent camping vehicle lot of persons served in a retreat facility area.
         b.   Service building construction shall conform to applicable current provisions of the Uniform Building Code including pertinent specifications for making buildings and facilities accessible to and usable by the physically disabled.
      9.   Safety.
         a.   All electrical wiring, equipment, and appurtenances shall be installed and maintained in accordance with provisions of the current edition of the National Electrical Code.
         b.   Liquid petroleum gas, fuel oil, gasoline, and other flammable liquids shall be handled and used in a safe manner and shall not be stored inside or beneath any camping vehicle or within five (5) feet of a door of a camping vehicle.
         c.   The grounds, buildings, and related facilities shall be constructed, maintained, and used in accordance with applicable local and state fire prevention regulations.
         d.   Play equipment, when provided for children, shall be designed for safety, maintained in good repair, and located in areas free from hazards.
         e.   The design and width of all interior roadways, access drive locations and building locations shall be appraised with reference to service accessibility by emergency vehicles.
(Res. 669-94-72, § 813.50, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018; Res. 59-18-182, effective 1-5-2018)

§ 813.60 PC - PLANNED COMMERCIAL DISTRICT.

   A.   Policies underlying use of zone. This district is provided in recognition that many commercial establishments seek to develop within a unified commercial area, usually under single ownership and control, and typically called “shopping centers”. Within the premises of the zone, such centers would have all necessary services and facilities comprehensively provided in accordance with an approved development plan. Provisions of this zone are formulated to achieve harmoniously designated structures upon a well-landscaped site, achieving a high degree of pedestrian–vehicular separation, all of which would be compatible with surrounding land uses.
   B.   Permitted uses. Those uses included as permitted and accessory uses in B-1, B-2, and HS Business Districts.
   C.   Arrangement of commercial uses.
      1.   Commercial buildings and establishments shall be planned as groups having common parking area and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares.
      2.   The plan of the project shall provide for the integrated and harmonious design of buildings, facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding existing or potential developments.
   D.   Area requirements. The minimum land area for a planned commercial development shall be two (2) acres.
   E.   Setback and screening.  
      1.   A setback of fifty (50) feet shall be provided along the entire perimeter of the development, except where it adjoins a business or industrial district in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of twenty (20) feet along the exterior property line shall be planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting.
      2.   Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.
      3.   Vehicular access through such landscaped strip when adjacent to residential areas shall be permitted only for convenience of residents of adjoining residential areas, and not for use by the general public.
   F.   Private streets. A private street where designated on a development plan shall meet all the design and construction requirements of the County Subdivision Regulations, with the exception of street width, and the requirements for curb and gutter, in which standards may be waived upon review by the Planning Commission and Board of County Commissioners upon recommendation of the County Engineer.
   G.   Parking requirements. See Article IX for off-street parking requirements.
   H.   Signs. See Article X for size and location of permitted signs.
   I.   Supplemental district requirements. See § 817 for any pertinent additional requirements.
(Res. 669-94-72, § 813.60, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 813.70 PHS - PLANNED HIGHWAY SERVICE DISTRICT.

   A.   Policies underlying use of zone. The purpose of this district is to provide for commercial establishments offering accommodations, supplies, and services to local as well as through automobile and truck traffic. Such uses should be located adjacent to heavily traveled cross-country roadways, particularly new freeway interchanges. Development within the Highway Service District is pre-planned and controlled to assure that the operational characteristics are not in immediate and direct conflict with the function of adjacent land use areas or the adjacent thoroughfare system. Establishments within this district can and should be a visual asset to the community because of their size and prominent location. Parking, storage, and accessory operations are to be screened. The relationship among establishments within this district is to be compatible, each having adequate space for the operation performed.
   B.   Permitted uses.
      1.   Auto and truck rental;
      2.   New and used car and truck sales (cars in operable condition only);
      3.   Automobile and truck service, repair, and fuel;
      4.   Auto wash;
      5.   Trailer sale and rental;
      6.   Motel;
      7.   Restaurant;
      8.   Drive-in restaurant and fast-food establishments;
      9.   Bowling lanes;
      10.   Church and other buildings for the purpose of religious worship;
      11.   Farm equipment sales and service;
      12.   Drive-in theater;
      13.   Mobile home sales;
      14.   Governmentally or privately owned and/or operated parks, playgrounds, amusement and recreation facilities, golf course;
      15.   Governmentally owned or operated building or facility;
      16.   Accessory buildings incidental to the principal use which do not include any activity conducted as a business; and
      17.   Private or non-commercial solar energy systems (if conditions found in § 1103.02 TT. are met).
   C.   Arrangement of commercial uses. Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares.
   D.   Lot requirements.
      1.   Minimum lot area: a minimum lot area for a Highway Service Development shall be forty thousand (40,000) square feet, exclusive of highway right-of-way; however, lot size shall be adequate to provide the yard space and buffering required by these regulations.
      2.   Minimum lot width: a minimum lot width of three hundred (300) feet is required at the front setback line.
   E.   Structure spacing. A minimum of twenty (20) feet shall be required between adjacent principal buildings.
   F.   Setback and screening.  
      1.   A setback of fifty (50) feet shall be provided along the entire perimeter of the development, except where it adjoins a business or industrial district, in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of twenty (20) feet along the exterior property line shall be planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting. Open storage, service, and loading areas shall be screened by walls, fences, or other enclosures at least six (6) feet but not more than eight (8) feet in height. These walls, fences, or enclosures shall have an opaqueness of seventy-five (75) percent or more. Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.
      2.   Vehicular access through such landscaped strip when adjacent to residential areas shall be permitted only for convenience of residents of adjoining residential areas, or for access to dwelling units within the commercial district and not for use by the general public.
      3.   Said sight-proof screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if the business is effectively screened by natural topography. The Planning Commission shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.
   G.   Frontage regulations.
      1.   A ten (10) foot wide planting strip shall be provided along the right-of-way line.
      2.   Driveways shall not be permitted within six hundred (600) feet of an interchange ramp.
      3.   a.   Each business shall be limited to two (2) driveways. The maximum width of which shall not exceed thirty (30) feet and which shall be defined by concrete or rolled curbing. Driveways opening on traffic lanes leading to the intersection of surface street at which the business is situated shall be located as to provide not less than forty (40) feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than twenty (20) feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line. In the event the lineal frontage of site exceeds three hundred (300) feet, three (3) driveways shall be permitted with one (1) additional drive permitted per one hundred (100) lineal feet thereafter.
         b.   Whenever feasible, the applicant is encouraged to design and construct a common service drive to accommodate individual access drives within the development. When located upon an arterial thoroughfare, the Planning Commission may require such service drives be incorporated within the plan, and be constructed or performance bonds in lieu of such construction be presented to the county prior to the issuance of a building permit for the proposed structures.
   H.   Maximum building height. Maximum building height shall be limited to thirty five (35) feet.
   I.   Supplementary regulations.
      1.   All public utilities shall be placed underground unless precluded by underground soil conditions.
      2.   Series of flags, flashing and moving signs, fluttering devices, strings of lights, and similar attention gathering devices shall be prohibited.
      3.   Exterior lighting shall be directed inward and away from abutting properties.
      4.    All driveways, customer parking areas, and service areas shall be paved with asphaltic or concrete surfacing and shall be so graded and drained as to dispose of all surface water accumulated within the area.
   J.   Parking requirements. See Article IX.
   K.   Loading and unloading areas. See Article IX.
   L.   Signs. See Article X for size and location of permitted signs.
(Res. 669-94-72, § 813.70, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 59-18-182, effective 1-5-2018)

§ 813.80 POI - PLANNED OFFICE/INDUSTRIAL DISTRICT.

   A.   Policies underlying use of zone. The provisions of this district are provided in recognition that many industrial establishments seek to develop within unified industrial areas having all necessary services and facilities comprehensively provided in accordance with a predetermined development plan. As in the Planned Commercial Zone, provisions of this zone are formulated to encourage a high degree of coordinated development upon well-landscaped premises. Particular attention is devoted to design of the periphery of the development with the objective of compatibility with surrounding land uses.
   B.   Permitted uses. Those uses included as permitted and accessory uses in the I-1, Limited Industrial District.
   C.   Arrangement of industrial uses. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.
   D.   Area requirements. The minimum land area for a planned industrial development shall be ten (10) acres.
   E.   Structure spacing. A minimum of fifty (50) feet shall be required between adjacent buildings.
   F.   Maximum lot coverage. No more than fifty (50) percent of the site shall be covered by buildings.
   G.   Maximum building height. No building shall exceed forty five (45) feet in height, although certain parts of buildings or types of structures may be permitted to exceed this height as per § 817.
   H.   Setback and screening.  
      1.   The following setbacks shall be provided along the entire perimeter of the respective types of developments, except where it adjoins a business or industrial district, in which case setbacks and screening requirements shall be at the discretion of the Planning Commission:
 
Industrial park
100 feet
Mixed office/industrial park
75 feet
Office park
50 feet
 
      2.   Where situated adjacent to a residentially zoned area, a minimum of other office/industrial parks along the exterior property line shall be retained in natural woods, or be suitably landscaped with a dense planting of evergreens not less than four (4) feet in height at the time of planting. Such landscaping shall be fifty (50) percent or more opaque when viewed horizontally between two (2) feet and eight (8) feet above average ground level. A suitably designed fence or wall may be substituted for such screen plantings at the discretion of the Planning Commission, if in certain cases natural plantings are deemed infeasible. Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.
   I.   Private streets. A private street, where designated on a development plant, shall meet all the design and construction requirements of the County Subdivision Regulations, with the exception of street width and the requirement for curb and gutter, in which standards may be waived upon review by the Planning Commission and Board of County Commissioners upon recommendation of the County Engineer.
   J.   Parking requirements. See Article IX for off-street parking requirements.
   K.   Parking and loading requirements. See Article IX.
   L.   Signs. See Article X for size and location of permitted signs.
   M.   Supplemental district requirements. See § 817 for any pertinent additional requirements.
(Res. 669-94-72, § 813.80, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 815.01 PERMITTED ACCESSORY USES (RESIDENTIAL DISTRICTS).

   The following accessory uses are permitted in each of the county’s residential districts:
   A.   Private garages or carports or outbuildings not to exceed the following area:
      1.   For a single-family dwelling:
 
On lots of 1 acre – less than 2 acres
800 sq. ft.
On lots of 2 acres – less than 3 acres
1,200 sq. ft.
On lots of 3 acres – less than 5 acres
1,800 sq. ft.
 
      2.   For multiple-family dwellings, six hundred (600) square feet per unit.
   B.   A structure for storage incidental to a permitted use, provided no such structure that is accessory to a residential building shall exceed one hundred (100) square feet in gross floor area;
   C.   A swimming pool, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than two (2) feet, bath house, and other recreational facilities intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and subject to required provisions under § 815.04J;
   D.   Patios and open porches subject to required provisions under § 815.04I;
   E.   Earth satellite stations as regulated under § 815.04L;
   F.   A child’s playhouse, tree house, birdhouse;
   G.   Statuary, arbors, trellises, barbecue equipment, flag poles, fences, play equipment, non- mechanical laundry drying equipment, walls, and hedges;
   H.   Fallout shelters;
   I.   Any other structure or use customarily found in conjunction with and required for full utilization and enjoyment of the principal use; and which meets the definition of accessory use as stated in this code; and
    J.   Recreational equipment subject to the following conditions:
      1.   Parked or stored camping and recreational equipment shall not be connected to electricity, water, gas, or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes;
      2.   If the camping and recreational equipment is parked or stored outside a garage, it shall be parked or stored to the rear of the house;
      3.   Notwithstanding the provisions of § 815.03A, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes, for a period of not more than forty eight (48) hours; and
      4.   All camping and recreational equipment must be kept in good repair and carry a current year’s license and/or registration. The ground area under and immediately surrounding where such camping and recreational equipment is stored must be maintained free of noxious weeds or overgrowth and debris.
(Res. 669-94-72, § 815.01, effective 4-5-1995; Res. effective 10-5-2007; Res. 190-14-164, effective 8-1-2014; Res. 57-18-182, effective 1-5-2018)

§ 815.02 PERMITTED ACCESSORY USES (AGRICULTURAL, BUSINESS, AND INDUSTRIAL DISTRICTS).

   A.   In an agricultural, business, or industrial district, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use which meets the definition of accessory use as stated in the resolution, and which complies with the applicable standards of the district in which it is located, is permitted. (See § 815.04M for additional standards for ground satellite stations within nonresidential areas.)
   B.   Outdoor vending machines, facilities for recycled goods or materials, etc.: these facilities may be permitted in all business and industrial districts upon obtaining a certificate of use subject to the following requirements.
      1.   No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location which will interfere with required driveway sight distance.
      2.   Placement of the facility will not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site.
      3.   The subject facility or use shall be maintained in good operating order and appearance.
(Res. 669-94-72, § 815.02, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 815.03 ACCESSORY USES NOT PERMITTED (RESIDENTIAL AND OFFICE DISTRICTS).

   None of the following shall be permitted as an accessory use in a residential or office district:
   A.   Overnight parking or outdoor storage of buses, mobile homes, or trucks (over one-half (1/2) ton rated capacity), except pickup trucks; or
   B.   Outdoor storage, unless specifically permitted by the specific zoning district regulations.
(Res. 669-94-72, § 815.03, effective 4-5-1995)

§ 815.04 STANDARDS FOR ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS.

   A.   An accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breezeway or other similar structure, provided that no such accessory building may be erected or used as a stable or primarily for the keeping of animals or birds.
   B.   An accessory building may be erected detached from the principal building. No detached accessory building shall be erected in any required yard except a rear yard, and shall not occupy more than thirty-five (35) percent of the area of the required rear yard. For computing the percentage of occupancy of a rear yard, as required herein, if a detached accessory building is connected to the principal building by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory building and be included in the computation.
   C.   A detached accessory building shall not exceed fifteen (15) feet in height.
   D.   A detached accessory building shall be at least ten (10) feet from any dwelling situated on the same lot.
   E.   A detached accessory building not integrally joined to another accessory building shall be located at least ten (10) feet from such other accessory structure.
   F.   A detached accessory storage structure as defined by § 815.01 B. shall be at least three (3) feet from the side and rear lot lines.
   G.   Any accessory building, if not located in the rear yard, shall be an integral part of or connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as such accessory building.
   H.   On a corner lot abutting in the rear of the side lot in a residential district, any accessory building or part thereof within twenty five (25) feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street, and in no case shall any part of such accessory building be closer to the side street lot lines than the least width of the side yard required for the principal building to which it is accessory.
   I.   1.   No accessory use or structure in any R District except an off-street parking area shall be nearer to any front lot line than sixty (60) feet, unless such use or structure is contained within or constitutes an integral part of the principal building. However, if the owner of a corner lot, with approval of the Board of Zoning Appeals, designates the longer street lot line as the front lot line, then the requirement of this section shall apply to establish the permitted distance of an accessory building from only the shorter street lot line.
      2.   Patios, open porches, and carports may be located in side and rear yards, provided they are not closer than three (3) feet to any adjacent property line. If located closer than eight (8) feet, they shall be screened by an evergreen hedge or fence not less than four (4) feet in height and maintained in good condition. In case of a corner lot, no patios or porches shall be closer to the side street lot line than the least depth required for such side yard.
   J.   Swimming pools: no private swimming pool, exclusive of pools less than two (2) feet in depth and portable swimming pools with a diameter less than twelve (12) feet or with an area of less than one hundred (100) square feet, shall be allowed in any residential district, except as an accessory use, and unless it complies with the following conditions and requirements.
      1.   The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.
      2.   a.   The pool may not be located closer than ten (10) feet to any property line, and such location shall be in accordance with all pertinent provisions of this section and shall be measured from the water line.
         b.   Accessory buildings shall maintain the minimum side yard required. Any walks or paved areas adjacent to the pools shall be considered as patios for the purpose of this code and shall conform to the provisions of subsection I of this section.
      3.   Any fence or wall shall be in accordance with the provision of the property owner or home owner insurance policy.
   K.   Tennis courts: tennis courts and other similar playing courts may be located in any rear yard with the fence located no closer than five (5) feet of any property line, provided the location of such courts is in accordance with all pertinent provisions of this section. Such courts may be fenced with a chain link fence located around the perimeter of the court, but any fence over six (6) feet in height shall be planted with large shrubs in sufficient quantities to screen and filter the view of the fence from neighboring properties.
   L.   Earth satellite stations in residential districts: within the residential districts, the following provisions shall apply to ground satellite stations.
      1.   Such ground stations or antennas shall be for the personal use of residents.
      2.   Such ground stations or antennas shall contain no graphic message or advertising.
      3.   Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
         a.   Such stations or antennas not mounted on the roof of a primary or accessory structures shall be located to the rear of the principal building or structure and shall not exceed an above-grade height of fourteen (14) feet;
         b.   Such stations or antennas shall be subject to the side and rear yard setback requirements as applicable to accessory buildings contained in this section;
         c.   Such stations or antennas shall be mounted in a concrete base in line with grade and only metal supports of galvanized construction shall be used;
         d.   Wiring between such station and any other structure shall be placed underground in accordance with applicable county codes and standards; and
         e.   Such stations or antennas shall be designed to withstand a wind force of up to seventy (70) mph without the use of supporting guy wires.
      4.   Roof-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
         a.   Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers, or spires;
         b.   Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than three (3) feet above the roof on which they are mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof;
         c.   The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed three (3) feet; and
         d.   Such stations or antennas shall be designed to withstand a wind force of up to seventy (70) mph without the use of supporting guy wires.
   M.   Earth satellite stations in nonresidential districts: within nonresidential districts, the following shall apply to ground satellite stations:
      1.   Such ground stations or antennas shall contain no graphic messages or advertising.
      2.   Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
         a.   Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principal building or structure on the property where the station is located and shall not exceed an above-ground height of fourteen (14) feet;
         b.   Such stations or antennas shall not be located within fifty (50) feet of a public right-of- way or within thirty (30) feet of a rear or side lot line and shall be not closer than fifty (50) feet from a lot line or a residential district;
         c.   Such stations or antennas shall be mounted in a concrete base in line with grade and only metal supports of galvanized construction shall be used;
         d.   Wiring between such stations and any other structure shall be placed underground in accordance with applicable county codes and standards; and
         e.   Such stations or antennas shall be designed to withstand a wind force of up to seventy (70) mph without the use of supporting guy wires.
      3.   Roof-mounted stations or antennas shall comply with the following conditions and requirements:
         a.   Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers, or spires;
         b.   Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than twelve (12) feet above the roof on which they are mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof; and
         c.   Such stations or antennas shall be designed to withstand a wind force of up to seventy (70) mph without the use of supporting guy wires.
   N.   Accessory fences, walls, and hedges: the intent of these provisions is to outline the regulations for accessory fences, walls, and hedges in residential districts. Such structures are permitted in order to provide for orderly transition between land uses; protect and screen private property; give security and privacy to residents; provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor living space; and generally improve the aesthetic appearance of a site. Where buffer yard or other screening requirements pursuant to the provisions of § 817.11 differ from the provisions of this section, the more stringent requirements shall apply.
      1.   Front yards.
         a.   Hedges not to exceed four (4) feet in height may be located in any front yard, but shall be subject to the traffic visibility requirements of § 817.02, visibility at intersections for a corner lot.
         b.   An ornamental fence or ornamental wall may be located in any front yard or court, as follows.
            1)   The height of the ornamental fence or wall may not exceed four (4) feet above the ground at any point.
            2)   Any ornamental fence or wall, as permitted in this subsection N.1.b, shall be so constructed as to provide a ratio of solid portion to open portion not to exceed one to one, the proportion of solid area to open area to be determined in elevation.
            3)   Such fence or wall may not be located closer than three (3) feet to the front lot lines.
            4)   Such ornamental fence or wall on a corner lot shall be subject to the traffic visibility requirements of § 817.02.
      2.   Rear and side yards. A fence, wall, or hedge may be located in any rear or side yard, provided that:
         a.   The height of the fence, wall, or hedge may not exceed six (6) feet above the ground at any point;
         b.   A fence or wall not to exceed ten (10) feet in height may be permitted surrounding tennis courts in any rear yard, provided the provisions of subsection K of this section are met; and
         c.   Any such fence or wall shall be so constructed as to provide a ratio of solid portion to open portion not to exceed six (6) to one, the portion of solid area to open area to be determined in elevation.
      3.   Retaining walls. Retaining walls shall not project more than one (1) foot above the surface of the ground supported by such walls, unless such projection exceeding one (1) foot complies with the applicable requirements of this section.
      4.   Security fences. No barbed wire, other sharp-pointed material, or electrically charged material shall be used in the construction of a fence, except to fence potentially hazardous areas or for security proposed in high risk areas, and only upon approval of the County Sheriff’s Department. In no case shall such materials be used for fences for single-family homes.
      5.   Other permissible locations. Fences, walls, or hedges may be erected on public recreation areas, school grounds and in industrial districts, and are not subject to the requirements of this section, but no such fence, structure, or planting shall be erected or maintained within twenty (20) feet of the corner so as to interfere with traffic visibility across the corner.
   O.   Garage sales: temporary garage sales in residential districts in order to allow residents to sell excess personal property are permitted, provided that a garage sale permit is obtained and the following conditions are met:
      1.   Each garage sale shall not exceed four (4) calendar days in length from start to finish. The only exception to this rule is participation in a regional sponsored yard sale;
      2.   There shall be at least a one-month time lapse between each garage sale. The only exception to this rule is participation in a regional sponsored yard sale;
      3.   Only three (3) garage sales shall be permitted per calendar year at any individual location. The only exception to this rule is participation in a regional sponsored yard sale;
      4.   No person conducting a garage sale under the provisions of this article shall sell or offer for sale any food or beverage for such consumption on the premises unless a permit has been obtained in advance from the Board of Health;
      5.   No fee or other charge shall be imposed upon members of the public attending such sale;
      6.   One non-illuminated sign not exceeding four (4) square feet in size, no more than three (3) feet in height above grade may be displayed on the property where the sale is being held;
      7.   Off-premises directional type signs may be used in conjunction with such garage sale providing they do not exceed four (4) square feet per sign, are not more than three (3) feet in height, and are limited in number to not more than one such directional sign per collector or arterial type roadway. All signs shall be removed within twenty four (24) hours following the conclusion of the garage sales;
      8.   Special lighting or noise-making devices or similar advertising displays or notices shall not be used to call attention to the garage sale. Balloons or streamers may be used; and
      9.   Public auctions and moving sales shall be permitted for not more than one (1) week per calendar year.
(Res. 669-94-72, § 815.04, effective 4-5-1995; Res. effective 8-1-2007; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

§ 816.01 INTENT.

   Temporary uses shall be permitted in applicable zone districts by the grant of any occupancy permit issued by the Zoning Administrator in accordance with the requirements of this section.
(Res. 669-94-72, § 816.01, effective 4-5-1995)

§ 816.02 GENERAL PROVISIONS.

   A.   The duration of the temporary period is stated hereinafter, provided, however, renewal of such permit may be requested.
   B.   Temporary uses shall be subject to all the regulations of the applicable zone district.
(Res. 669-94-72, § 816.02, effective 4-5-1995; Res. effective - -1995)

§ 816.03 PERMITTED USES.

   A.   Temporary office, model home or apartment, and incidental signs necessary for the sale, rental, or lease of real property in the zone district. Maximum: 18 months.
   B.   Noncommercial concrete batching plant, both incidental and necessary to construction in the zone district. Maximum: 18 months.
   C.   Temporary building or yard for construction materials and equipment, both incidental and necessary to construction in the zone district. Maximum: 18 months.
   D.   Parking lot designated for a special event in the zone district. Maximum: 30 days.
   E.   Temporary signs in connection with a special event. Maximum: 10 days.
   F.   Announcement signs necessary to explain the character of a building enterprise. Maximum: 18 months.
   G.   Subdivision or development signs, both incidental and necessary to advertise the sale, rental, or lease of real property in the zone district. Maximum: 18 months.
   H.   Bazaars, carnivals, rummage or garage sales, and similar temporary uses.
   I.   Sale of Christmas trees, outdoor tent or theater, sale of seasonal fruits and vegetables from roadside stands, tent sales. Maximum: 60 days.
   J.   Parking of recreational vehicles for visitation. Maximum: 7 days.
   K.   Mobile home as a temporary office during the period of construction and development. Maximum: 18 months.
   L.   Emergency or temporary parking or stopping of a recreational vehicle is permitted on any street or highway for not longer than twenty four (24) hours, subject, however, to any prohibitions or limitations imposed by the traffic and parking regulations for that street or highway.
   M.   A recreational vehicle may be temporarily parked or stored, upon the grant of an occupancy permit, in the open in connection with:
      1.   A public health program sponsored by the Department of Health;
      2.   A program sponsored by any unit of government; or
      3.   A carnival or other public affair or function authorized by proper authority.
   N.   Mobile home as a temporary residence during the construction, renovation, or rebuilding of the principal dwelling unit on a lot, or for medical purposes for the care of sick or elderly family members. Any permit shall be for the duration of one (1) year. Once the original need for the mobile home no longer exists during the one (1) year period, the permit expires and the mobile home shall be removed within thirty (30) days after the permit’s expiration.
   O.   Any other use not specified above deemed temporary by the Board of Zoning Appeals and attached with any time period, conditions, and safeguards as the Board may deem necessary.
(Res. 669-94-72, § 816.03, effective 4-5-1995: Res. effective - -1995; Res. effective 5-30-2003; Res. effective 7-4-2003; Res. 80-13-159, effective 7-5-2013)

§ 816.04 STANDARDS.

   A.   Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
   B.   No public address systems or other noise-producing devices shall be permitted in a residential district.
   C.   Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
   D.   No banners, pennants, or unnecessary signs shall be permitted in a residential district.
   E.   The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
(Res. 669-94-72, § 816.04, effective 4-5-1995; Res. effective - -1995)

§ 817.01 SETBACK REQUIREMENTS FOR CORNER BUILDINGS.

   On a corner lot, the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(Res. 669-94-72, § 817.01, effective 4-5-1995)

§ 817.02 VISIBILITY AT INTERSECTIONS.

   On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2-1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along such street lines fifty (50) feet from the point of intersection.
(Res. 669-94-72, § 817.02, effective 4-5-1995)

§ 817.03 FRONT YARD EXCEPTIONS (RR, RR-1, SR, AND UR DISTRICTS ONLY).

   Within any R District, as identified above, where the average depth of at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this zoning resolution, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of said existing front yards of the two (2) lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that such depth of a front yard on any lot shall be at least ten (10) feet including all projections but not required to be more than fifty (50) feet.
(Res. 669-94-72, § 817.03, effective 4-5-1995)

§ 817.04 SIDE YARD EXCEPTIONS.

   Side yard widths may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than one-half (1/2) the otherwise required least width, or narrower than six (6) feet in any case.
(Res. 669-94-72, § 817.04, effective 4-5-1995)

§ 817.05 CORNER LOTS.

   A.   The area of a corner lot shall be twenty (20) percent greater than the minimum area required for an interior lot.
   B.   A corner lot as defined in this code shall have no rear yard.
(Res. 669-94-72, § 817.05, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

§ 817.06 DOUBLE FRONTAGE LOTS.

   Buildings on lots having frontage on two (2) non-intersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.
(Res. 669-94-72, § 817.06, effective 4-5-1995)

§ 817.07 YARD REQUIREMENTS FOR MULTIFAMILY DWELLINGS.

   Multifamily dwellings shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.
(Res. 669-94-72, § 817.07, effective 4-5-1995)

§ 817.08 FENCES, WALLS, AND HEDGES (RR, RR-1, SR, UR, OS, B-1 DISTRICTS ONLY).

   Fences, walls, and hedges, except where otherwise provided by this zoning resolution, may be located in yards as provided by the following requirements.
   A.   Front yards. No fence or wall of any height may be located in any front yard except according to the following standards:
      1.   Hedges not to exceed four (4) feet in height may be located in any front yard, but shall be subject to the traffic visibility requirements of provision of § 817.02, visibility at intersections for a corner lot; and
      2.   An ornamental fence or ornamental wall may be located in any front yard or court, as follows:
         a.   The height of any ornamental fence or wall may not exceed four (4) feet above the ground at any point;
         b.   Any ornamental fence or wall, as permitted in this subsection A.2, shall be so constructed as to provide a ratio of solid portion to open portion not to exceed one to one, the proportion of solid area to open area to be determined in elevation;
         c.   Such fence or wall may not be located closer than three (3) feet to the front lot lines;
         d.   The total length may not exceed fifty (50) percent of the lot frontage;
         e.   No wire type fence may be used; and
         f.   Such ornamental fence or wall on a corner lot shall be subject to the traffic visibility requirements of the provisions of § 817.02.
   B.   Rear and side yards. A fence, wall, or hedge may be located in any rear or side yard, provided that:
      1.   The height of the fence, wall, or hedge may not exceed six (6) feet above the ground at any point;
      2.   Any such fence or wall shall be so constructed as to provide a ratio of solid portion to open portion not to exceed six (6) to one (1), the portion of solid area to open area to be determined in elevation; and
      3.   On a corner lot abutting in the rear of the side lot line of a lot in an RR, RR-1, SR or UR District, such fence, wall, or hedge within twenty five (25) feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street; provided, however, that this subsection B shall not apply to hedges not exceeding four (4) feet in height.
   C.   Other permissible locations. Fences, walls, or hedges may be erected on public recreational areas, school grounds, and in industrial districts, and are not subject to the requirements of this section; but no such fence, structure, or planting shall be erected or maintained within fifty (50) feet of the corner so as to interfere with traffic visibility across the corner.
   D.   Retaining walls. Retaining walls shall not project more than one (1) foot above the surface of the ground supported by such walls, unless such projection exceeding one (1) foot complies with the applicable requirements in this section.
(Res. 669-94-72, § 817.08, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

§ 817.09 EXCEPTIONS TO HEIGHT REGULATIONS.

   The height limitations contained in Article VIII, district requirements, do not apply to any structures in an A or AB District, except as permitted by R.C. § 303.21, nor to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of an aircraft at an established airport.
(Res. 669-94-72, § 817.09, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

§ 817.10 PROJECTIONS INTO REQUIRED YARDS.

   A.   Chimneys, flues, sills, pilasters, cornices, eaves, gutters, and other similar features may project into a required side yard a minimum of eighteen (18) inches.
   B.   Front yard: no structure may project into a required front yard; however, unroofed porches and steps may extend from the dwelling into the required front yard a maximum of ten (10) feet.
   C.   No structure may project into a required side yard except that, where a single lot under one (1) ownership existed in a residential district at the time of passage of this code, and such lot is of insufficient width to meet the side yard requirements of this code, the Board of Appeals may grant a minimum variance to permit the construction of a one-family residence.
(Res. 669-94-72, § 817.10, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 817.11 SCREENING.

   Hereafter no buildings or structures shall be erected, altered, or enlarged, nor shall land be used for any nonresidential use on a lot that adjoins or faces any residential district until a plan for screening has been submitted and approved.
   A.   Purpose. Screening shall be provided for one (1) or more of the following purposes:
      1.   A visual barrier to partially or completely obstruct the view of structures or activities;
      2.   As an acoustic screen to aid in absorbing or deflecting noise; or
      3.   For the containment of debris and litter.
   B.   Types. Screening may be one (1) of the following or a combination of two (2) or more:
      1.   A solid masonry wall;
      2.   A solidly constructed decorative fence;
      3.   Louvered fence; and/or
      4.   Dense evergreen plantings.
   C.   Side and rear yard requirement for nonresidential uses abutting residential districts. Nonresidential buildings or uses shall not be located nor conducted closer than fifty (50) feet to any lot line of a residential district. Screening shall be a masonry or solid fence between four (4) and eight (8) feet in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty (20) feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting. Either type of screening shall not obscure traffic visibility and is permitted within fifty (50) feet of an intersection.
   D.   Height of screening.
      1.   Visual screening walls, fences, or planting shall be at least five (5) feet, six (6) inches high except in required front yards, where the height shall not exceed four (4) feet;
      2.   Height of screening should be sufficient to accomplish its design, purpose, i.e., sound, visual, or debris without exceeding the above limitations and without conflicting with § 817.02, Visibility at Intersections.
   E.   Depth of width of screening. Screening for purposes of absorbing or deflecting noise shall have a depth of at least fifteen (15) feet of dense planting or a solid masonry wall in combination with decorative plantings.
   F.   Protection. Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts, or curbing to avoid damage by vehicles. All screening shall be trimmed and maintained in good condition and free of advertising.
   G.   Plantings. All tree plantings and planting screens required by this code shall be installed prior to occupancy or commencement of use. Where compliance with the preceding sentence is not possible because of the season of the year, the Zoning Administrator shall grant an appropriate delay, but shall issue no permanent zoning compliance certificate of occupancy until completion of all required plantings.
(Res. 669-94-72, § 817.11, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

§ 817.12 CONVERSION OF DWELLING TO MORE UNITS.

   A residence may not be converted to accommodate an increased number of dwelling units unless:
   A.   The district is zoned for two-family or multifamily use as applicable;
   B.   The yard dimensions still meet the yard dimensions required by the new structures in that district;
   C.   The lot area per family equals the lot area requirements for new structures in that district;
   D.   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
   E.   The conversion is in compliance with all other relevant codes and resolutions.
(Res. 669-94-72, § 817.12, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 817.13 PARKING OF DISABLED VEHICLES.

   A.   The parking of a disabled vehicle within a residential or agricultural district for a period of more than one (1) week shall be prohibited except that such vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.
   B.   No junk motor vehicle shall remain on the premises in any districts uncovered for more than a period of one (1) week except in an authorized junk yard or scrap metal processing facility.
   C.   All junk motor vehicles, except as noted in subsection B. above, shall be covered by being housed in a garage or other suitable structure or shall be removed from the property.
   D.   After receipt of notice no junk or disabled motor vehicle shall remain uncovered for a period of more than ten (10) days. Each subsequent day constitutes a separate violation of this code.
   E.   See also § 902.01 C.8. and 902.02 B.1. in further reference to off-street parking.
(Res. 669-94-72, § 817.13, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

§ 817.14 ENVIRONMENTAL REQUIREMENTS.

   No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this code may be undertaken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions to acceptable limits, as established by the following requirements.
   A.   Air pollution. Air pollution shall be subject to the requirements and regulations established by the State Environmental Protection Agency and the Regional Air Pollution Control Agency of the Montgomery County, Ohio Combined General Health District, which includes this county.
   B.   Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
   C.   Fire and explosion hazards. Adequate safety devices shall be provided where there are activities involving burning or storage of flammable or explosive materials, adequate safety devices shall be provided at any point. Adequate safety devices against the hazards of fire and explosion and adequate firefighting and fire suppression equipment and devices, standard in the industry shall be provided. Burning of waste materials in open fire is prohibited.
   D.   Radioactivity. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewerage systems, and no activities shall be permitted which emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbances.
   E.   Glare and heat.
      1.   Any operation producing intense light or heat, such as high temperature processes like combustion or welding, shall be performed within an enclosed building and shall not be visible beyond any lot line bounding the premises.
      2.   Welding that is required for exterior construction of a structure shall be exempt from these regulations.
      3.   No exterior lighting shall be positioned so as to extend glare onto an adjacent property or a public right-of-way.
   F.   Liquid or solid wastes.
      1.   No discharge at any point into any public sewer, private sewerage disposal system, stream, or into the ground, or any material of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted, except in accordance with minimum standards approved by the County Health Department, the State Department of Health, the State Environmental Protection Agency, or such other governmental agency as shall have jurisdiction over such activities.
      2.   The use of dumpsters or other types of reasonably accessible waste containers for the disposal of potentially dangerous liquid or solid waste materials shall not be permitted.
      3.   The storage of large quantities of toxic material shall be prohibited.
   G.   Noise. Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement as are farm-related activities and temporary construction noise during the daytime.
   H.   Vibration. No uses shall be located and no equipment shall be installed in such a way to produce intense, earth-shaking vibrations which are discernible without instruments at the property lines of the subject premises. Farming, excavation activities, and temporary construction activities conducted during the daytime are exempt from this requirement.
   I.   Enforcement provisions. The Zoning Enforcement Officer, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
   J.   Standards and measurement procedures. Standards and measurement methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standards and measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists Association, Inc., Washington, D.C., the United States Bureau of Mines, the State Environmental Protection Agency, County Health Department, and other similarly recognized organizations.
   K.   Storm water drainage.
      1.   General. Due consideration shall be given to provisions for drainage, with particular reference to the effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of ground water supply on the property, temporary retention with gradual discharge, or other remedial measures.
      2.   Standards. Storm water drainage improvements for lots shall be in accordance with the standards and criteria contained in the “Improvements” chapter of the Subdivision Regulations of this county, and all other applicable ordinances.
   L.   Exotic animals. No person shall own, harbor, keep, breed, sell, or import any exotic animals or reptiles. The term EXOTIC ANIMAL OR REPTILES shall mean other wild animals/ reptiles not indigenous to southern Ohio. Example: lions, tigers, alligators, crocodiles, bears, cougars, etc.
      1.   Exemptions and special provisions. Exotic animals purchased or adopted and housed on the subject property prior to the adoption of this amendment, providing:
         a.   That a bill of sale or notarized statement which verifies this data is provided; and
         b.   That such exotic animal be confined in a house, building, or other enclosure in such a way that human contact, other than the owner(s) cannot occur.
      2.   Exemption. Wild animals held for exhibit or use by research institutions and other governmental agencies having legal authority to possess wild animals, publicly supported zoos, circuses, or extensions thereof.
      3.   Exemption. Any animal which is commonly sold by a bona fide commercial pet shop.
(Res. 669-94-72, § 817.14, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)