(1)

The purpose of the overlay districts established in this section is to provide for additional guidance and protections of some of the city's special resources including, but not limited to, the Old Tippecanoe City area (a.k.a. downtown Tipp City), special flood hazard areas as determined by FEMA, and the areas surrounding the city's wellheads.

(2)

Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the city to make a determination of the applicability of this section as it pertains to the property and/or business, and failure to do so shall not excuse any violations of this section.

(Ord. 5-14, passed 3-17-2014)

(1)

In support of the purposes of this code, the city may hereby be divided into 1 or more of the overlay zoning districts identified in Table 154.05-1.

(2)

Where uncertainty exists as to the boundaries of overlay districts as shown on the Official Zoning Map, the rules established in § 154.04(D) shall be applied.

(3)

Relationship of Overlay Districts.

(a)

Where land is classified into an overlay zoning district as well as an underlying base zoning district, the regulations governing development in the overlay zoning district shall apply in addition to the regulations governing the underlying base district.

(b)

In the event of an express conflict between the standards of the overlay zoning district and the underlying base zoning district, the standards governing the overlay district shall control.

(c)

In some instances, land may be classified into multiple overlay districts. In the event of an express conflict between the standards of the multiple overlay districts, the most restrictive standards shall apply.

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. The overall purpose of the RA District is to preserve and maintain that unique character of historical Tippecanoe City that serves as a visible reminder of the history and cultural heritage of the city, state, and nation. Furthermore, it is the purpose of this district to stabilize and improve property values within the Old Tippecanoe Restoration District by protecting the historical character and architectural details of structures within the district, minimizing the demolition of historical structures, and encouraging new buildings and developments that will be harmonious with the existing historic architecture.

(2)

Applicability and COA Required.

(a)

No person shall make any exterior construction, reconstruction, alteration, or demolition on any property within the district unless a certificate of appropriateness has been issued by the Restoration Board or Zoning Administrator, as may be applicable. See § 154.03(E).

(b)

In no case shall the regulations for this district imply control or regulation of the interior arrangement or design of a building or structure.

(3)

Establishment of District Boundaries (Existing).

(a)

The district contains all lots which abut Main Street between the canal on the east through lots 201 and 407 on the west. In addition to that area, between the canal and Second Street, and all lots north of Dow Street. Between Second and Third Street, the district also contains all lots between Walnut and Main, and between Third Street and Fourth Street, it contains all lots between Dow and Main Streets, and between Fourth Street and the railroad, it includes lot 121.

(b)

Specifically the lots in the district are as follows: Inlots 1, 14 through 45, 48 through 51, 78, 79, 115 through 118, 121, 127 through 142, 193 through 196, 201, 362 through 369, 491, 617 through 619, 1038 through 1041, Outlot 44, Outlot 45, Outlot 30 north of the east-west alley.

(i)

The southern half of Inlot 4019 (old Inlot numbers 29 and 30), remains within the Old Tippecanoe Restoration and Architectural Zoning District.

(ii)

Inlot 3627 and 3628 (a portion of old Inlot number 25), remains within the Old Tippecanoe Restoration and Architectural Zoning District.

(4)

Permitted Uses. The uses permitted in the RA district shall be as allowed in the underlying base zoning district.

(5)

Review Standards and Guidelines. In addition to any applicable standards of the underlying base zoning district or standards found in this section, any construction, modification, expansion, or other changes subject to a certificate of appropriateness review shall be subject to the applicable design standards and guidelines that are established in the Old Tippecanoe City Restoration and Architectural District Design Manual, as adopted by City Council. The manual shall hereafter be referred to as the design manual.

(6)

Determining the Significance of a Structure.

(a)

When making decisions or recommendations about changes to structures in the RA District, the Restoration Board shall have the authority to make a determination of the historical significance of the structure based on this section.

(b)

For structures that the Restoration Board finds are not historically significant, the board may relax or waive the standards or guidelines found in the design manual.

(c)

If the Restoration Board finds that the structure is historically significant, the standards and guidelines of the design manual may be fully applied at the discretion of the Restoration Board and as further described in the design manual.

(d)

The Restoration Board shall determine whether a structure or site is significant based on the structure's:

(i)

Value as a reminder of the cultural or archaeological heritage of the city, state, or nation;

(ii)

Location as a site of a significant local, state, or national event;

(iii)

Identification with a person or persons who significantly contributed to the development of the city, state, or nation;

(iv)

Identification as the work of a master builder, designer, or architect whose individual work has influenced the city, state, or nation;

(v)

Value as a building that is recognized for the quality of its architecture and that it retains sufficient elements showing such architectural significance;

(vi)

Example of an architectural style or period;

(vii)

Contribution to the historical nature of the overall site; and/or

(viii)

Character as a contributing element in the Restoration District.

(7)

Demolition or Moving of Structures. The demolition or moving of a structure can have a significant impact on the character and quality of the RA District by removing an integral part of the historic downtown fabric; elimination of a part of Tipp City's history; and generally altering the nature of the district for the future. As such, the city regulates the demolition and moving of structures based on these standards and guidelines. A COA is required for any demolition or movement of a structure.

(a)

Buildings that are not Historically Significant. If the Restoration Board finds that the structure subject to the application is not historically significant, the Restoration Board shall state the basis for such determination and shall be required to make a formal determination that the proposed demolition or movement of a structure will not harm or reduce the historical significance of the site on which it is located or on the RA District as a whole.

(b)

Buildings that are Historically Significant.

(i)

If the Restoration Board finds that the structure is historically significant, the demolition or movement of a structure may only be considered if the applicant can clearly demonstrate that 3 or more of the following conditions prevail:

A.

That the building proposed for demolition or movement is not inherently consistent with other structures within the district;

B.

That the building contains no features of special architectural and/or historic significance;

C.

There is no viable economic use of the building as it exists or as it exists on the site;

D.

A written report by a contractor acceptable to the Restoration Board demonstrates it is not feasible to restore the structure; or

E.

A written report by a contractor acceptable to the Restoration Board demonstrates it is not feasible to move the structure to another location (applicable in demolition requests only).

(ii)

Even with a demonstration that the above conditions exist, the Restoration Board may also take into consideration the following criteria when making its decision.

A.

The historic, scenic, cultural, aesthetic or architectural significance of the building, structure, site, or object;

B.

The importance of the historic structure, building, site, or object to the ambiance of a district;

C.

The difficulty or the impossibility of reproducing such a structure, building, site, or object because of its design, texture, material, detail, or unique location;

D.

Whether the historic structure, building, site, or object is 1 of the last remaining examples of its kind in the Restoration District or the city;

E.

Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be;

F.

Whether the structure would be more appropriate in the proposed new location;

G.

Whether reasonable measures can be taken to save the historic structure, building, site, or object from collapse; and/or

H.

Whether the historic structure, building, site, or object is capable of earning reasonable economic return on its value.

(iii)

If the Restoration Board approves the COA for demolition or movement of the structure, the applicant shall be subject to additional bonds or sureties as established in § 154.05(C)(7)(d).

(c)

Demolition by Neglect.

(i)

Demolition by neglect shall mean any failure in the maintenance and repair of any site or structure within the RA District which results in any of the following conditions:

A.

The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, so as to create or permit a hazardous or unsafe condition to exist; or

B.

The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, the lack of adequate waterproofing, or the deterioration of interior features which will or could result in permanent damage, injury, or loss of or loss to foundations, exterior walls, roofs, chimneys, doors, or windows.

(ii)

Demolition by neglect is prohibited. In the event that the Restoration Board finds a situation that may be classified as demolition by neglect, the Restoration Board shall notify the Zoning Administrator to proceed with the notice requirements and enforcement procedures set forth in this code.

(d)

Financial Guarantee Required.

(i)

For demolitions, the applicant shall be required to submit a financial guarantee in a form acceptable to the city that will guarantee:

A.

The safe demolition of the applicable structure;

B.

Necessary protections to prevent damage to any adjacent properties;

C.

Clean-up of the site after demolition; and

D.

Installation, upgrades, or repairs of any infrastructure improvements on the site that are necessary for future construction on the site per the approved plans.

(ii)

The guarantee shall be in such an amount as the Restoration Board, or its duly authorized representative, determines to be reasonably necessary to complete the demolition of the structure, ensure the protection of surrounding properties, and ensure the clean-up of the site.

(iii)

The financial guarantee shall be an obligation for the faithful performance of any and all work approved by the Restoration Board, or its duly authorized representative regarding any demolition and reconstruction project approved under this section.

(iv)

The financial guarantee shall contain the further condition that should the applicant fail to complete all work and improvements required to be done by the applicant within 12 months or an alternative timeframe approved by the Restoration Board, the city may, at its option, cause the demolition to be completed, all required work to be done, and necessary improvements constructed.

(v)

The parties executing the guarantee shall be firmly bound for the payment of all necessary costs therefore.

(vi)

The guarantee may take the form of a bond, cash deposit, or an irrevocable letter of credit as further outlined in this subsection.

(vii)

Guarantees shall be made payable to the City of Tipp City and be acceptable to staff and the city's legal counsel.

(viii)

The guarantee, or portion thereof, shall not be released until the Zoning Administrator, or authorized representative, is satisfied that the demolition has been completed in conformance with the plans and specifications approved by the Restoration Board.

(ix)

The applicant shall be in default of the guarantee when 1 of the following conditions exists:

A.

The demolition, as approved by the Restoration Board, has not taken place within the time period agreed on in the applicant's contract with the city, and the applicant has failed to establish reasonable cause for such delay to the satisfaction of the City Council and thereby to receive a time extension.

B.

The applicant has not undertaken the demolition in accordance with the minimum standards specified by these regulations, and the applicant is unwilling to modify and upgrade said demolition and subsequent construction within a six-month time period so as to be in compliance with the provisions of these regulations.

(x)

Types of Guarantees.

A.

Bond.

1.

A bond in the amount determined in accordance with this section shall be filed with the City of Tipp City.

2.

The bond may be in the form of a surety bond or a cash bond of the kind approved by law for securing deposits of public money.

3.

The bond shall be executed by the applicant as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the State of Ohio.

B.

Irrevocable Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable institution or individual subject to the approval of the Restoration Board. This letter shall be deposited with the city, and shall certify the following:

1.

The creditor guarantees funds in an amount equal to the cost, as estimated in accordance with this subsection.

2.

In the case of failure on the part of the applicant to complete the specified demolition within the required time period, the creditor shall pay to the city immediately and without further action such funds as are necessary to finance the completion of that demolition, up to the limit of credit stated in the letter.

3.

This irrevocable letter of credit may not be withdrawn or reduced in amount until released by Restoration Board.

C.

Cash.

1.

The applicant shall provide a certified check for the amount of the guarantee, payable to the City of Tipp City.

2.

When the demolition is complete, the city shall issue a check for the released amount based on this sub-section.

3.

The city shall not be responsible for paying interest for the period of time the city retains the guarantee.

(8)

Liability Insurance.

(a)

Any applicant who receives an approved COA for the demolition of a structure or the moving of a structure shall, before any work begins, furnish and keep in full force and effect, at all times during the period of demolition or moving, a policy of insurance written by a solvent insurance company authorized to do business in Ohio.

(b)

The policy shall be in form and amount satisfactory to the city's legal counsel, insuring and indemnifying the city against any legal liability incurred as a result of damage to persons or property arising out of the acts or omissions of the applicant, or any of his or her contractors, subcontractors, agents, or employees in connection with the demolition or moving of the structure.

(c)

At a minimum, the following is required for all liability insurance policies:

(i)

The policy shall protect the city from any liability for any accident, negligence, failure of the applicant or contractors, or any other liability whatsoever, relating to the construction or maintenance of the subdivision and related public improvements.

(ii)

The policy shall be provided during all demolition or moving activities related to the approved COA.

(iii)

The city shall be named as an additional insured on the policy (listed as a Certificate Holder and noted as Additional Insured in Description of Operations).

(iv)

The general liability coverage of the policy shall be on the "occurrence" basis.

(v)

The automobile liability coverage of the policy shall be for "any auto".

(9)

Ordinary Maintenance and Public Safety.

(a)

Nothing in this section shall be construed to prevent ordinary maintenance or repair of any exterior feature which does not involve a change in design, material, color, or outer appearance thereof.

(b)

Nothing in this section shall prevent the construction, reconstruction, alteration, restoration, or demolition of any feature which the City Manager or similar official shall certify is required by the public safety because of unsafe or dangerous condition.

(c)

Neither the owner of, nor the person, nor an organization in charge of a structure within the district, shall permit that structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce a detrimental effect upon the character of the landmark or structure in question, including, but not limited to:

(i)

The deterioration of exterior walls or other vertical supports;

(ii)

The deterioration of roofs or other horizontal members;

(iii)

The deterioration of exterior chimneys;

(iv)

The deterioration or crumbling of exterior plaster or mortar;

(v)

The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows and doors;

(vi)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions; or

(vii)

Demolition by neglect as defined in § 154.05(C)(7)(c).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose.

(a)

Certain areas of the city are subject to periodic inundation that could result in the loss of life and property, the creation of health and safety hazards, the disruption of commerce and government services, and the extraordinary and unnecessary expenditure of public funds for flood protection and relief. Such flood losses are caused by the cumulative effect of obstructions in natural flood hazard areas, which cause increases in flood heights and velocities. Uses and structures that are inadequately floodproofed, elevated, anchored, or otherwise protected from flood damage also contribute to such flood loss.

(b)

The FA Flood Hazard Area Overlay District is established to protect the natural flood storage capacity by minimizing obstructions within the floodway and floodplain, by requiring uses vulnerable to flood damage to be protected and/or floodproofed, and to ensure that potential buyers are notified that property is in an area of special flood hazard.

(2)

Boundaries of FA Overlay District.

(a)

Areas of Special Flood Hazard. Areas of special flood hazard have been identified in scientific and engineering reports by the Federal Emergency Management Agency (FEMA) entitled Flood Insurance Study, County of Miami, Ohio, dated August 2, 2011; and by the Soil Conservation Service of the United States Department of Agriculture in Flood Plain Management Study, Miami County, Ohio, dated August 2, 2011; and by the Federal Emergency Management Agency in its City of Tipp City, Ohio Flood Insurance Rate Map (FIRM), dated August 2, 2011. These studies, with accompanying maps are hereby adopted by reference and declared to be a part of this chapter for the purposes of establishing the boundaries of the FA Overlay District.

(b)

Modifications to FA Boundaries. Areas investigated by engineering study and identified by flood easements on approved subdivision plats shall be included in the FA Overlay District. Where such studies and easements refine the information available for previously existing flood hazard areas, the resulting flood easements shall act to reduce, enlarge, or relocate the boundaries of the FA Overlay District. Such modifications shall be effective upon passage of the ordinance approving the plat, and shall not require amendment of the zoning map through the process described in this section.

(3)

Standards.

(a)

All construction, development, remodeling, change of use, and change of grade of properties in the FA Overlay District shall comply with the standards of Chapter 153 of the Tipp City Code of Ordinances, as currently enacted and as may be hereafter amended.

(b)

The development permit required by Chapter 153 shall not be issued until the applicable site plan or zoning compliance permit has been approved, in accordance with the requirements for review of special uses, as further described in this section or chapter.

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. It is the purpose of the WP Well Field Protection Overlay District to safeguard the public health, safety and welfare of the customers of protected public water supplies and to protect the community's potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined in § 154.14(B). The land within the overlay district is that land in the city that lies within a one-year travel time contour adjacent to existing and proposed public wells of a protected public water supply.

(2)

Applicability.

(a)

The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the Well Field Protection Overlay District on the zoning map and shall be supplemental to the regulations of the underlying zoning district.

(b)

It shall be the responsibility of any person owning real property and/or owning or operating a business within the city to make a determination of the applicability of this section as it pertains to that property and/or business, and failure to do so shall not excuse any violations of this section.

(3)

Allowed Uses.

(a)

The permitted principal (including permitted with standards), accessory, and temporary uses within WP shall be controlled by the underlying base zoning district with exceptions as established in this section.

(b)

The special uses within WP shall be controlled by the underlying base zoning district with exceptions as established in this section.

(c)

Soil and mineral extraction activities for resale shall remain a special use in the WP District subject to § 154.04(G)(31) and Planning Board approval of an excavation and facilities plan that includes, but is not limited to:

(i)

An existing site plan with topographic detail at 2-foot contour intervals, all planimetric information, depth to groundwater, and flood plain characteristics where applicable;

(ii)

The proposed extent and depth of excavations;

(iii)

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

(iv)

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

(v)

Surface drainage plan:

A.

Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from off-site waterborne regulated substances.

B.

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

(vi)

A post-excavation and operation land use plan; and

(vii)

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

(4)

Prohibited Uses. Sanitary landfills, dry wells, landfills comprised of demolition debris or other non-approved matter, and junk yards are prohibited in the WP District.

(5)

Site Development Standards. The site development standards shall be as established for the underlying base zoning district.

(6)

Standards for Well Field Sites. The standards of this subsection shall apply to all properties actively used for well field sites for the purposes of safeguarding the public health, safety and welfare of the customers, to safeguard and protect public water supplies, and to protect the community's potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined in § 154.14(B).

(a)

Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the city to make a determination of the applicability of this section as it pertains to the property and/or business, and failure to do so shall not excuse any violations of this section.

(b)

Groundwater Protection Standards for Well Field Sites. The following standards shall apply to all uses and activities on a lot used for a water well field:

(i)

Use and/or storage of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this section.

(ii)

Use of regulated substances in conjunction with active parks, playgrounds, ball fields, community centers, or other similar uses shall be in accordance with the city's management plan for maintenance of sensitive areas now or subsequently adopted by the city.

(iii)

Use of regulated substances in conjunction with special uses in this district shall be limited to:

A.

The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.

B.

The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period.

C.

A limited exclusion from the provisions of this division (iii) is authorized for non-routine maintenance or repair of property or equipment. The use of regulated substances under this exclusion shall be limited to:

1.

The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time.

2.

The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.

D.

A limited exclusion from the provisions of this division is authorized for the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This exclusion is subject to the condition that such substances are applied to cropland under best management practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency (U.S.E.P.A.) or the Ohio Department of Agriculture. This exclusion does not apply to the inventory reporting requirements of § 154.05(E)(9)(g)(i)A.4 and the spill reporting requirements of § 154.05(E)(9)(g)(ii).

(iv)

Underground storage of fuel and lubricants for vehicle operations in conjunction with permitted and special uses in this district shall be in tanks placed above the floor surface of a below grade vault. Said vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.

(v)

Notwithstanding other provisions of this section, nonconforming uses in this district utilizing underground storage tanks for fuel and lubricants for vehicle operations at the effective date of this section shall be permitted to replace existing tanks with those constructed to meet the specifications of subdivision (iv) of this division and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than fuel and lubricants for vehicle operations is not permitted.

(vi)

Except as otherwise permitted by this section, storage of regulated substances other than fuel and lubricants for vehicle operations in conjunction with permitted and special uses in this district is prohibited.

(vii)

As part of the findings required prior to issuance of a zoning permit or a certificate of occupancy, the Zoning Administrator shall utilize the hazard potential rating system (identified in § 154.05(E)(8) and Appendix A) to assist in the determination of intensity of use within this district. No substitutions of a non-conforming use shall be permitted which result in an increase of the hazard potential rating on a parcel within this district. (viii) All uses within this district shall be connected to the public wastewater disposal system within a 3 year period from the effective date of this chapter or have a wastewater disposal system approved by the Miami County Public Health.

(7)

Additional Groundwater Protection Standards for all Other Sites in the WP Overlay District. Within this WP District, the following standards shall apply:

(a)

Use, storage, handling and/or production of regulated substances in conjunction with permitted and special uses in this overlay district shall be limited to:

(i)

The aggregate of regulated substances in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.

(ii)

The total use, storage, handling and/or production of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period.

(iii)

A limited exclusion from the provisions of subdivision (a) above is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited to:

(iv)

The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time.

(v)

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

(vi)

The application of U.S.E.P.A. approved agricultural chemicals by licensed personnel using U.S.E.P.A. best recommended practices. Below ground applications in excess of 100 gallons or 800 pounds in any 12 month period shall require 72 hour prior notice to the Zoning Administrator.

(b)

A limited exclusion from the provisions of subdivision (a) above is authorized for each research and development facility. This exclusion is subject to the conditions that regulated substances shall be stored, handled or used in containers not to exceed 5 gallons or 40 pounds of each substance; and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

(c)

A limited exclusion from the provisions of subdivision (a) above is authorized for regulated substances which are cleaning agents. This exclusion is subject to the conditions that such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public; and the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

(d)

A limited exclusion from the provisions of subdivision (a) above is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations. This exclusion is subject to the condition that such substances are stored in standard approved packaging and such chemicals are applied to cropland under best management practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency (U.S.E.P.A.) or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals either stored on-site or brought in from other locations from the inventory, spill reporting and underground storage tank protection requirements of this overlay district.

(e)

Note: This regulation does not restrict the use of agricultural chemicals applied in accordance with best management practices and/or label directions.

(f)

Unless regulated by the Ohio Fire Marshal, Bureau of Underground Storage Tank Regulation (BUSTR), and with the exception of residential use of heating fuels in tanks having a capacity of 500 gallons or less, the underground storage of fuel and lubricants for vehicle operations and of fuel for building and/or process heating in conjunction with valid uses in this district shall be in tanks secondarily contained (as defined by the Ohio State Fire Marshal, Bureau of Underground Storage Tank Regulation) and monitored. Such installations shall be subject to approval by the Zoning Administrator.

(g)

Notwithstanding other provisions of this section, nonconforming uses in this district utilizing underground tanks to store fuel and lubricants for vehicle operations and fuel for building and/or process heating at the effective date of this section shall be permitted to replace existing tanks with those constructed to meet the specifications of subdivision (f) above and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than the above noted fuels and lubricants are not permitted.

(h)

As part of the findings required prior to issuance of a zoning permit, zoning compliance permit, or certificate of occupancy, the Zoning Administrator shall utilize the hazard potential rating system (identified in § 154.05(E)(8) and Appendix A) to assist in the determination of intensity of use within this district. No substitutions of a nonconforming use shall be permitted that will result in an increase of the hazard potential rating on a parcel within this district. If the quantities of regulated substances initially exceed the de minimis quantities above, they shall be considered legally nonconforming. Such legally nonconforming quantities cannot be increased to any degree or extent, however.

(8)

Hazard Potential Rating System.

(a)

In order to assess the risk for potential groundwater contamination, a hazard rating has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This rating is based on the kind of materials commonly associated with each use, looking only at the most critical hydrologic factors.

(b)

Table 1 in Appendix A lists the site hazard potential by land use activity (source) on a scale of 1 to 9, with 1 being a low hazard and 9 a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly used or stored on the site or the types and amounts of wastes commonly discharged. This table refers to many land uses not permitted (and not existing as nonconforming uses) in the underlying zoning district of any land included in this overlay district, but that fact shall not be deemed to constitute an express or implied legislative statement that such uses are permitted by this section.

(c)

Table 2 in Appendix A lists the hazard potential determined on the basis of materials known to be used, stored, or disposed of at a specific site.

(d)

If the 2 tables referenced above indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the 2 scores is the rating for the site.

(9)

Enforcement Provisions.

(a)

Scope. Nothing contained in this section shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this section.

(b)

Administration. Except as otherwise provided herein, the Zoning Administrator shall be authorized to administer, implement, and enforce the provisions of this section.

(c)

Notice of Violation.

(i)

Any person found in violation of any provisions of this section or any order, requirement, rule or regulation issued under the authority of this section will be served with a written notice stating the nature of the violation and providing reasonable time for compliance; but such written notice of violation may be dispensed with under the conditions described in § 154.05(E)(9)(g)(ii). Further, that if the Zoning Administrator has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the Zoning Administrator may dispense with establishing another time period for compliance.

(ii)

The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the county tax record.

(d)

Inspections. Subject to applicable provisions of law, the Zoning Administrator bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this section. Upon request of the entity which is the subject of the inspection, and if permitted by the state public records law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Zoning Administrator, the Zoning Administrator may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property; but no consent is necessary for entry into areas then open to the public or to customers.

(e)

Handling of Regulated Substances.

(i)

No person shall place, deposit, or permit to be deposited, store, process, use, produce, dispose of, transport, or discharge, hereinafter referred to as "handle," any regulated substance on public or private property within the WP Overlay District except as provided by law, statute, ordinance, rule or regulation.

(ii)

Any violation of this section is hereby determined to be a nuisance and must be abated.

(f)

Underground Storage Tanks. Underground storage tanks declared to constitute dangerous nuisances.

(i)

With the exception of the underground storage of fuel and lubricants for vehicular operations and of fuel for building heating and/or process heating in conjunction with permitted and special uses in this district, any storage of regulated substances in underground storage tanks within the WP Overlay District shall be deemed to constitute a dangerous nuisance. Every such nuisance must and shall be abated no later than 5 years from the effective date of this section.

(ii)

With the exception of residential use of home heating fuel in tanks having a capacity of 500 gallons or less, any underground storage tank systems for vehicle fuel and lubricants and for fuel for building and/or process heating within the WP Overlay District not removed within 5 years from the effective date of this section must be secondarily contained and monitored in accordance with plans submitted to and approved by the Zoning Administrator and the Tipp City Fire Department.

(g)

Reporting Requirements.

(i)

Regulated Substance Activity Inventory.

A.

Applicability.

1.

Except as provided in § 154.05(E)(9)(g)(i)B, any owner or occupant of any land in this WP Overlay District on the effective date of this code, shall file a regulated substance activity inventory report with the Zoning Administrator. Said report shall be filed within 180 days of the effective date of this section, and follow up reports shall be so filed at 24 month intervals thereafter.

2.

Except as provided in § 154.05(E)(9)(g)(i)B, any new owner or occupant of any land in the WP Overlay District shall file a regulated substance activity inventory report prior to receipt of a zoning certificate or a certificate of occupancy and at 24 month intervals following the date of occupancy. For purposes of this paragraph, "new" shall be defined as subsequent to the effective date of this code.

3.

Where a person owns, operates or occupies more than 1 location, regulated substance activity inventory reports shall be made for each location.

4.

Agricultural uses shall file a regulated substance activity inventory report within 180 days of the effective date of this section and at 12 months intervals thereafter. Regulated substance activity inventory reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.

B.

Exclusions from Activity Inventory Reporting.

1.

Any exclusion set forth in this subsection shall apply if it does not substantially increase any risk or hazard to the public health or water supply, wells or well fields; but further that any spill, leak, discharge or mishandling shall be subject to the provisions of the subsequent § 154.05(E)(9)(g)(ii). Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity involved, except as to inventory reporting.

2.

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for incidental uses of regulated substances provided the uses are limited as follows:

a.

The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.

b.

The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period.

3.

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment in this overlay district provided the uses are limited as follows:

a.

The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time.

b.

The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12 month period.

4.

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for regulated substances which are cleaning agents. This exclusion is subject to the conditions that such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under the exclusion include hydro-carbon or halogenated hydro-carbon solvents.

5.

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for medical and research laboratory uses in this WP Overlay District. This exclusion is subject to the conditions that regulated substances shall be stored, handled or used in containers not to exceed 5 gallons or 40 pounds of each substance, and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

6.

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for the transportation of regulated substances through this WP Overlay District. This exclusion is subject to the conditions that the transportation vehicle is in compliance with applicable local, state, and federal laws and regulations; the regulated substance is fueling the transportation vehicle; and the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed 72 hours.

7.

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for owners and occupants of single or two-family dwellings. This exclusion is subject to the conditions that the storage and use of regulated substances are related to the maintenance of the residence or vehicles under control of the occupant, and waste regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly- owned wastewater treatment works.

(ii)

Spills, Leaks or Discharges.

A.

Any person with direct knowledge of a spill, leak or discharge of a regulated substance within this overlay district shall, if such spill, leak or discharge escapes containment or contacts a pervious ground surface and is not immediately and completely remediated, give notice to the Zoning Administrator or the operator on duty at the affected or potentially affected water treatment facility or the Tipp City Fire Department by telephone within 30 minutes. The notification shall include at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, state, and federal reporting obligations as required by law.

B.

The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, etc. used in routine agricultural operations, including plant nutrients and crop protection materials, applied under best management practices as indicated by soil tests, agricultural experts, or label directions approved by the United States EPA or the Ohio Department of Agriculture, shall not be considered a spill, leak, or discharge subject to the reporting provisions of this paragraph.

C.

Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the city in response to such an incident, in addition to the amount of any fines imposed on account thereof under state and federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likeli-hood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.

(iii)

Falsifying Information. No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this section.

(h)

Public Water Supply Protection Authorities.

(i)

Application. If any activity or use of regulated substance is deemed by the Zoning Administrator to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the Zoning Administrator, in accordance with R.C. § 713.13, is authorized to:

A.

Cause cessation of said activity or use of the regulated substance;

B.

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

C.

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

(ii)

Considerations. When considering the exercise of any of the above authorities or actions, the Zoning Administrator shall consult with the appropriate administrative official of any potentially affected protected public water supply. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonably and adequately protected from contamination for the present and the future. The Zoning Administrator may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.

(iii)

Exemption of Certain Regulated Substances. The Zoning Administrator is authorized to exclude certain regulated substances that pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the Zoning Administrator shall have such request for exemption reviewed by the Planning Board. The recommendation of the Planning Board shall be binding on the Zoning Administrator.

(iv)

Technical Consultants. Upon application for a zoning permit and/or certificate of occupancy for a use within this overlay district, the Zoning Administrator may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All costs incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the city to review an application for a zoning permit and/or certificate of occupancy.

(i)

Well Field Protection Appeals Board.

(i)

Appeals. Any person may appeal an action of the Zoning Administrator in accordance with § 154.03(M).

(ii)

Appeals Board. The BZA shall act as and constitute a Well Field Protection Appeals Board and shall hear appeals under this section. The BZA shall have the authority to take appeals, issue subpoenas for witnesses and to deny, uphold, or otherwise modify or waive, the Zoning Administrator's actions on a case-by-case basis.

(iii)

Findings of the Board. The appellant shall have the burden of proof. No modification or waiver of the requirements of this section shall be authorized by the BZA unless it finds by clear and convincing evidence that all of the following facts and conditions exist.

A.

Exceptional Burden: That there are exceptional circumstances regarding the property or its lawful and valid uses which make enforcement of this section an unreasonable burden on the continuation of such uses.

B.

Lack of Increased Hazard: That the waiver or modification will not significantly increase the threat of contamination of the community's potable water supply.

(j)

Penalties for Violations. A first violation of the provisions of this section beyond the time limit for compliance set forth by the Zoning Administrator, notice of violation, or the compliance schedule established by the Zoning Administrator, shall constitute a minor misdemeanor punishable as provided in Section 154.13: Enforcement and Penalties. A second violation by the same defendant, whether of the same or another provision of this section, shall constitute a fourth degree misdemeanor. A third and each subsequent such violation by the same defendant shall constitute a second degree misdemeanor.

(Ord. 5-14, passed 3-17-2014)