(A)   Purpose. The Limited Density Residential District (R-1) is established as a low density, detached, single-family residential district serviced by public water and sanitary sewer systems where physical conditions limit the suitability of servicing by on-site systems. The R-1 District is most appropriate in less developed portions of the village, serving as a transition between rural, predominantly agricultural areas and more developed areas.

   (B)   Permitted uses. Land and buildings in the Limited Density Residential District (R-1) shall be used only for the following purposes:

      (1)   Single-family detached dwellings;

      (2)   Accessory buildings and uses in association with a permitted dwelling;

      (3)   Home occupations in accordance with § 153.197; and

      (4)   Private kennels.

   (C)   Conditional uses. The following uses may be allowed in the Limited Density Residential District (R-1) subject to approval in accordance with § 153.042:

      (1)   Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;

      (2)   Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts, and similar recreational uses, provided that any principal building or swimming pool used therefor shall be located not less than 150 feet from any lot in any residential district;

      (3)   Public and private schools;

      (4)   Home occupations associated with a principal use and in accordance with § 153.197;

      (5)   Rest homes, nursing homes, and children’s nurseries of day care centers;

      (6)   Customary agricultural operations, including the sale of produce raised on the premises, provided such operation is over ten acres in area and further provided that no storage of manure or odor or dust-producing substance or use of the housing of farm animals shall be permitted; and

      (7)   Accessory structures used as private kennels.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Limited Density Residential District (R-1):

         (a)   Lot area: 25,000 square feet;

         (b)   Lot coverage (maximum): 30%;

         (c)   Lot width: 100 feet of frontage on an improved public right-of-way;

         (d)   Lot width on a curving street or cul-de-sac: 60 feet of frontage on an improved public right-of-way and lot width shall be 100 feet at the minimum building line;

         (e)   Front yard setback: 60 feet as measured between the street right-of-way line and the building setback line;

         (f)   Side yard setback: 25 feet with a minimum of ten feet on any one side; for a conditional use, the side yard setback shall be 25 feet;

         (g)   Rear yard setback: 40 feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight feet from the rear property line; and

         (h)   Dwelling dimensions: the following dwelling dimensions measured in terms of square footage apply to all residential structures:

 

 

      (2)   Supplemental standards. The following supplemental standards shall apply within the Limited Density Residential District (R-1).

         (a)   No building shall exceed 30 feet in height, nor more than two stories in height.

         (b)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people.

         (c)   Applicable standards shall be met in corresponding provisions of this chapter.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998)

         (d)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 2019-046, passed 9-3-2019)

   (A)   Purpose.

      (1)   The R-2 District is established as a low to moderate density, detached, single-family residential district and shall be serviced by public water and sanitary sewer systems. The R-2 District provides a transition towards more highly developed portions of the village.

      (2)   The R-3 District is established as a moderate density, detached, single-family residential district and shall be serviced by public water and sanitary sewer systems. The R-3 provides for a residential character more dense than the R-2 District and where economies of scale support additional utility and infrastructure services.

   (B)   Permitted uses. Land and buildings in the Low Density Residential District (R-2 and R-3) shall be used only for the following purposes:

      (1)   Single-family detached dwellings;

      (2)   Accessory buildings and uses in association with a permitted dwelling;

      (3)   Home occupation in accordance with § 153.197; and

      (4)   Private kennels.

   (C)   Conditional uses. The following uses may be allowed in the Low Density Residential District (R-2 and R-3) subject to approval in accordance with § 153.042:

      (1)   Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;

      (2)   Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts, and similar recreational uses, provided that any principal building or swimming pool used therefor shall be located not less than 150 feet from any lot in any residential district;

      (3)   Public and private schools;

      (4)   Home occupations associated with a principal use and in accordance with § 153.197;

      (5)   Customary agricultural operations, including the sale of produce raised on the premises, provided such operation is over ten acres in area and further provided that no storage of manure or odor or dust producing substance or use of the housing of farm animals shall be permitted;

      (6)   Accessory structures used as private kennels;

      (7)   Day care centers; and

      (8)   Public libraries.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Low Density Residential District (R-2 and R-3):

         (a)   Lot area:

            1.   R-2: 15,000 square feet; and

            2.   R-3: 12,500 square feet.

         (b)   Lot coverage (maximum): 30%.

         (c)   Lot width:

            1.   R-2: 90 feet of frontage on an improved public right-of-way; and

            2.   R-3: 80 feet of frontage on an improved public right-of-way.

         (d)   Lot width on a curving street or cul-de-sac:

            1.   R-2: 50 feet of frontage on an improved public right-of-way and lot width shall be 90 feet at the minimum building line; and

            2.   R-3: 45 feet of frontage on an improved public right-of-way and lot width shall be 80 feet at the minimum building line.

         (e)   Front yard setback:

            1.   R-2: 40 feet as measured between the street right-of-way line and the building setback line; and

            2.   R-3: 30 feet as measured between the street right-of-way line and the building setback line.

         (f)   Side yard setback:

            1.   R-2: total side yard of 25 feet with a minimum of ten feet on any one side;

            2.   R-3: total side yard of 20 feet with a minimum of eight feet on any one side; and

            3.   Conditional use (R-2 and R-3): a minimum side yard of 25 feet.

         (g)   Rear yard setback:

            1.   R-2: 40 feet as measured from the rear property line;

            2.   R-3: 30 feet as measured from the rear property line; and

            3.   Accessory building (R-2 and R-3): may be located in the rear yard no less than eight feet from the rear property line.

         (h)   Dwelling dimensions: the following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the R-2 and R-3 districts:

 

      (2)   Supplemental standards. The following supplemental standards shall apply within the Low Density Residential District (R-2 and R-3).

         (a)   No building shall exceed 30 feet in height, nor more than two stories in height.

         (b)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people.

         (c)   Applicable standards shall be met in corresponding provisions of this chapter.

         (d)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Res. 2001-028, passed 8-20-2001; Ord. 2019-046, passed 9-3-2019)

   (A)   Purpose.

      (1)   The R-4 District is established as a medium density, detached, single-family residential district and shall be serviced by public water and sanitary sewer systems. The R-4 District provides for a residential character that is a slight increase in density over the Low Density Residential District, paralleling traditional development characteristics in the village’s older neighborhoods.

      (2)   The R-5 District is established as an in-fill residential district that provides standards and requirements for in-fill housing opportunities within the village’s older neighborhoods. Single-family, detached dwellings are permitted and shall be serviced by public water and sanitary sewer systems.

   (B)   Permitted uses. Land and buildings in the Medium Density Residential District (R-4 and R-5) shall be used only for the following purposes:

      (1)   Single-family detached dwellings;

      (2)   Accessory buildings and uses in association with a permitted dwelling;

      (3)   Home occupations in accordance with § 153.197; and

      (4)   Private kennels.

   (C)   Conditional uses. The following uses may be allowed in the Medium Density Residential District (R-4 and R-5) subject to approval in accordance with § 153.042:

      (1)   Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;

      (2)   Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts, and similar recreational uses, provided that any

principal building or swimming pool used therefor shall be located not less than 150 feet from any other lot in any residential district;

      (3)   Public and private schools;

      (4)   Home occupations associated with a principal use and in accordance with § 153.197;

      (5)   Accessory structures used as private kennels; and

      (6)   Employee/client parking for commercial, office, or industrial establishments.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Medium Density Residential District (R-4 and R-5):

         (a)   Lot area:

            1.   R-4: 10,000 square feet; and

            2.   R-5: 8,750 square feet.

         (b)   Lot coverage (maximum): 30%.

         (c)   Lot width:

            1.   R-4: 70 feet of frontage on an improved public right-of-way; and

            2.   R-5: 60 feet of frontage on an improved public right-of-way.

         (d)   Lot width on a curving street or cul-de-sac:

            1.   R-4: 45 feet of frontage on an improved public right-of-way and lot width shall be 70 feet at the minimum building line; and

            2.   R-5: 40 feet of frontage on an improved public right-of-way and lot width shall be 60 feet at the minimum building line.

         (e)   Front yard setback:

            1.   R-4: 30 feet as measured between the street right-of-way line and the building setback line; and

            2.   R-5: 30 feet as measured between the street right-of-way and the building setback line.

         (f)   Side yard setback:

            1.   R-4: total side yard of 20 with a minimum of eight feet on any one side;

            2.   R-5: total side yard of 20 with a minimum of eight feet on any one side; and

            3.   Conditional use (R-4 and R-5) a minimum side yard of 20 feet.

         (g)   Rear yard setback:

            1.   R-4: 30 feet as measured from the rear property line;

            2.   R-5: 30 feet as measured from the rear property line; and

            3.   Accessory building (R-4 and R-5) may be located in the rear yard no less than eight feet from the rear property line.

         (h)   Dwelling dimensions: the following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings:

 

      (2)   Supplemental standards. The following supplemental standards shall apply within the Medium Density Residential District (R-4 and R-5):

         (a)   No building shall exceed 30 feet in height, nor more than two and one-half stories in height;

         (b)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people;

         (c)   Applicable standards shall be met in corresponding provisions of this chapter; and

         (d)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 2019-046, passed 9-3-2019)

   (A)   Purpose. The Two-Family Residential District (R-6) is established as a medium density, attached two-family residential district that provides housing opportunities in a unique, attractive, and affordable physical arrangement. Two-family units shall be serviced by public water and sanitary sewer systems. The R-6 District is appropriate as a transition between lower density single-family districts and higher density multi-family districts.

   (B)   Permitted uses. Land and buildings in the Two-Family Residential District (R-6) shall be used only for the following purposes:

      (1)   Two-family dwellings;

      (2)   Accessory buildings and uses in association with a permitted dwelling;

      (3)   Home occupation in accordance with § 153.197; and

      (4)   Private kennels.

   (C)   Conditional uses. The following uses may be allowed in the Two-Family Residential District (R-6) subject to approval in accordance with § 153.042:

      (1)   Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;

      (2)   Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts, and similar recreational uses, provided that any principal building or swimming pool used therefor shall be located not less than 150 feet from any other lot in any residential district;

      (3)   Public and private schools;

      (4)   Home occupations associated with a principal use and in accordance with § 153.197; and

      (5)   Accessory structures used as private kennels.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Two-Family Residential District (R-6):

         (a)   Lot area: 8,000 square feet;

         (b)   Lot coverage (maximum): 30%;

         (c)   Lot width: 70 feet of frontage on an improved public right-of-way;

         (d)   Lot width on a curving street or cul-de-sac: 45 feet of frontage on an improved public right-of-way an lot width shall be 70 feet at the minimum building line;

         (e)   Front yard setback: 30 feet as measured between the street right-of-way line and the building setback line;

         (f)   Side yard setback: total side yard of 20 feet with a minimum of eight feet on any one side; for a conditional use, the side yard setback shall be 20 feet;

         (g)   Rear yard setback: 30 feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight feet from the rear property line; and

         (h)   Dwelling dimensions: the following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the R-6 District:

 

 

      (2)   Supplemental standards. The following supplemental standards shall apply within the Two- Family Residential District (R-6).

         (a)   No building shall exceed 30 feet in height, nor more than two and one-half stories in height.

         (b)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people.

         (c)   Applicable standards shall be met in corresponding provisions of this chapter.

         (d)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 2019-046, passed 9-3-2019)

   (A)   Purpose. The Multi-Family Residential District (AR-1) is established as a medium density multi- family district intended to allow renter- and owner-occupied properties in an apartment or condominium configuration at suitable locations with on-site amenities, such as recreational facilities and off-street parking. Such uses shall be serviced by public water and sanitary sewer systems.

   (B)   Permitted uses. Land and buildings in the Multi-Family Residential District (AR-1) shall be used only for the following purposes:

      (1)   Multiple-unit residential structures shall not exceed 12 units per building; and

      (2)   Accessory buildings and uses in association with a permitted multiple-unit residential structure, such as recreational facilities.

   (C)   Conditional uses. The following uses may be allowed in the Multi-Family Residential District (AR-1) subject to approval in accordance with § 153.042:

      (1)   Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;

      (2)   Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts; and similar recreational uses, provided that any principal building or swimming pool used therefor shall be located not less than 150 feet from any other lot in any residential district;

      (3)   Public and private schools; and

      (4)   Accessory structures used as private kennels.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Multi-Family Residential District (AR-1):

         (a)   Lot area: 15,000 square feet; 3,500 square feet per dwelling unit;

         (b)   Lot coverage (maximum): 35%;

         (c)   Lot width: 80 feet of frontage on an improved public right-of-way;

         (d)   Lot width on a curving street or cul-de-sac: 45 feet of frontage on an improved public right-of-way and lot width shall be 80 feet at the minimum building line;

         (e)   Front yard setback: 25 feet as measured between the street right-of-way line and the building setback line;

         (f)   Side yard setback: ten feet; for a conditional use, the side yard setback shall be 15 feet;

         (g)   Rear yard setback: 25 feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight feet from the rear property line; and

         (h)   Dwelling dimensions: the following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the AR-1 District:

 

      (2)   Supplemental standards. The following supplemental standards shall apply within the Multi- Family Residential District (AR-1):

         (a)   No building shall exceed 30 feet in height, nor more than two and one-half stories in height;

         (b)   Applicable standards shall be met in corresponding provisions of this chapter;

         (c)   Two or more multiple-unit structures located on the same lot shall locate no closer than 20 feet to each structure;

         (d)   One covered parking space may be provided per dwelling unit in clusters not to exceed six spaces;

         (e)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people; and

         (f)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 2019-046, passed 9-3-2019)

   (A)   Purpose. The Neighborhood Commercial District (NC) is intended to encourage the clustering of small individual retail and personal service establishments to promote convenience in serving the daily staple needs of the surrounding residential areas.

   (B)   Permitted uses. Land and buildings in the Neighborhood Commercial District (NC) shall be used only for the following purposes:

      (1)   Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale) including:

         (a)   Hardware stores;

         (b)   Grocery stores;

         (c)   Meat and fish (seafood) markets;

         (d)   Fruit stores and vegetable markets;

         (e)   Candy, nut, and confectionery stores;

         (f)   Dairy products stores;

         (g)   Retail bakeries;

         (h)   Drug stores and proprietary stores; and

         (i)   Florists.

      (2)   Personal services. Personal services generally involving the care of the person or his or her personal effects including:

         (a)   Beauty shops;

         (b)   Barber shops;

         (c)   Shoe repair shops; and

         (d)   Pressing, dry-cleaning, alteration, and garment and repair.

      (3)   Business and professional offices. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers and professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions including:

         (a)   Commercial and stock savings banks;

         (b)   Credit agencies other than banks;

         (c)   Personal credit institutions;

         (d)   Insurance agents, brokers, and service;

         (e)   (Real estate) agents, brokers, and managers;

         (f)   Combinations of real estate, insurance, loan, and law offices;

         (g)   Offices of physicians and surgeons;

         (h)   Offices of dentists and dental surgeons;

         (i)   Offices of osteopathic physicians;

         (j)   Offices of chiropractors; and

         (k)   Legal services.

      (4)   Child care. Children’s nurseries and day care centers.

   (C)   Conditional uses. The following uses may be allowed in the Neighborhood Commercial District (NC) subject to approval in accordance with § 153.042:

      (1)   Automotive service stations. Gasoline service stations, provided no portion of a structure or its appurtenances, including ancillary, associated, or auxiliary equipment shall be located in front of the established building line;

      (2)   Drive-in facility. Drive-in or outdoor service facility developed in association with and subordinate to a permitted use; and

      (3)   Significant developments. Any proposed structure in the Neighborhood Commercial District (NC) that contains at least 50,000 square feet of gross floor area shall be considered a significant development and may be allowed subject to approval in accordance with § 153.042.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Neighborhood Commercial District (NC):

         (a)   Lot area: no minimum lot area is required; however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space;

         (b)   Lot coverage (maximum): no maximum lot coverage is required; however, the lot coverage shall be adequate to provide the yard space required;

         (c)   Lot width: no minimum lot width is required; however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements;

         (d)   Front yard setback: the minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the building line shall not be less than 50 feet measured from the street right-of-way;

         (e)   Side yard setback: for main and accessory structures, including open service and loading areas, the required side yard shall be not less than 20 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the side yard shall be no less than 50 feet; and

         (f)   Rear yard setback: for main and accessory structures, the required rear yard shall be not less than 25 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the side yard shall be no less than 50 feet.

      (2)   Supplemental standards. The following supplemental standards shall apply within the Neighborhood Commercial District (NC).

         (a)   No building shall exceed 30 feet in height, nor more than two stories in height.

         (b)   Applicable standards shall be met in corresponding provisions of this chapter.

(Ord. 96-152, passed 10-7-1996)

   (A)   Purpose. The General Commercial District (GC) is intended to encourage the concentration of a broad range of individual commercial establishments which together may constitute a cluster of general commercial activity that serves a substantial portion of the village’s residential population. Concentrated general commercial developments should be ideally located near major circulation routes and accessible to the population served.

   (B)   Permitted uses. Land and buildings in the General Commercial District (GC) shall be used only for the following purposes:

      (1)   Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale) including:

         (a)   General merchandise: hardware stores, department stores, mail order houses, limited price variety stores, and miscellaneous general merchandise stores;

         (b)   Food: grocery stores, meat and fish (seafood) markets, fruit stores and vegetable markets, candy, nut, and confectionery stores, dairy products stores, retail bakeries, and miscellaneous food stores;

         (c)   Building materials, retail: lumber and other building materials, heating and plumbing equipment, electrical supply equipment, and hardware and farm equipment;

         (d)   Apparel: clothing, accessories and personal furnishing stores, shoe stores, custom tailors, furriers and fur shops, and miscellaneous apparel and accessory stores;

         (e)   Home furnishings: furniture, home furnishings, and equipment stores, household appliance stores, and radio, television, and music stores;

         (f)   Eating and drinking places;

         (g)   Miscellaneous retail: drug stores and proprietary stores, liquor stores, antique stores and secondhand stores, stationery stores, sporting goods stores and bicycle shops, jewelry stores, florists, cigar stores, news dealers, camera and photographic supply stores, gift, novelty, and souvenir shops, optical goods stores, and miscellaneous retail stores not elsewhere classified; and

         (h)   Business services: advertising, duplicating, addressing, blueprinting, photocopying, mailing, stenography, and business services not elsewhere classified.

      (2)   Business and professional offices. Business offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions, including:

         (a)   Administrative, business, and professional offices: administrative offices primarily engaged in general administration, supervision, purchasing, accounting, and other management functions, and professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions, including financial services, real estate, and insurance; and

         (b)   Professional: offices of physicians and surgeons, dentists and dental surgeons, Osteopathic physicians, chiropractors, medical and dental laboratories, health and allied sciences not elsewhere classified, legal services, design services including engineering, architecture, landscape architecture, urban planning, graphic arts and interior design, and accounting, auditing, and bookkeeping services.

      (3)   Personal and consumer services. Personal services generally involving the care of the person or his or her personal effects and consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption, including:

         (a)   Personal: photographic studios, including commercial photography, beauty shops, barber shops, laundromats, funeral services, shoe repair shops, pressing, alteration and garment repair, and miscellaneous personal service; and

         (b)   Repair services: electrical repair shops, watch, clock, and jewelry repair, re-upholstery and furniture repair, and similar household item repair shops and related services.

      (4)   Sexually oriented businesses. Permitted use by sexually oriented businesses in this district shall comply with the following requirements.

         (a)   Sexually oriented businesses, as defined by § 153.012 of this chapter, provided the proposed location of such use is more than 1,000 feet from all the following uses:

            l.   Any residential zoning district, zoning overlay district where residential use is permitted, or residential use as established by the Zoning Code of the village or the Zoning Code of any adjacent political subdivision;

            2.   Any church, synagogue, permanently established place of worship, school, library, or public playground attended by persons under the age of 18;

            3.   Any other recreational facility or amusement park attended by persons under 18 years of age;

            4.   Any hotel, motel, or bed and breakfast lodging establishment;

            5.   Any other sexually oriented business;

            6.   Any establishments licensed by the state for the sale of beer or intoxicating liquor for consumption on the premises;

            7.   Pawn shops;

            8.   Pool or billiard halls;

            9.   Video game or pinball palaces, halls, or arcades; and

            10.   Any designated historic district.

         (b)   The measure of distance for purposes of this division (B)(4) shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel.

         (c)   Approval of sexually oriented business: the Enforcement Officer shall consider only whether the sexually oriented business is seeking to locate in a General Commercial District (GC), and whether the proposed location of the sexually oriented business is at least 1,000 feet from the uses listed in division (B)(4)(a) of this section. The determination shall be made without a public hearing being held and must be made within ten days of the effective date of this chapter or within ten days of the receipt of a completed application for a zoning permit, whichever is less. An applicant or an aggrieved party may appeal a decision of the Enforcement Officer or Planning Commission to the Board of Appeals. Pursuant to law, such appeal must be made within 30 days of the claimed adverse decision. The Board of Appeals shall hear and decide sexually oriented business appeals in accordance with § 153.043 of this chapter. Further appeal shall be to a court of competent jurisdiction as provided by law.

   (C)   Conditional uses. The following uses may be allowed in the General Commercial District (GC) subject to approval in accordance with § 153.042:

      (1)   Automotive service stations. Gasoline service stations, provided no portion of a structure or its appurtenances, including ancillary, associated, or auxiliary equipment, shall be located in front of the established building line;

      (2)   Drive-in facility or open display. Drive-in or outdoor service, or open display facility, developed in association with a principal permitted use;

      (3)   Residential. Living quarters as an integral part of and subordinate to a principal permitted use;

      (4)   Automobile service stations, repair services, and garages. Gasoline service stations, provided no portion of a structure or its appurtenances, including ancillary, associated, or auxiliary equipment, shall be located in front of the established building line;

      (5)   Recreation. Theaters, dance halls, dance studios, dance schools, bowling, swimming pools, and skating rinks;

      (6)   Hotels and motels. Lodging facilities and subordinate eating and drinking facilities and recreational facilities, provided that the minimum lot area is two acres;

      (7)   Animal care. Offices of veterinarians and animal hospitals;

      (8)   Commercial kennel. Commercial kennels shall not be located within 200 feet of a residential zoning district, including PUD and PRD;

      (9)   Automobile parking. An automobile parking lot as a principal use;

      (10)   Significant developments. Any proposed structure in the General Commercial District (GC) that contains at least 50,000 square foot of gross floor area shall be considered a significant development and may be allowed subject to approval in accordance with § 153.042; and

      (11)   Places of worship. Churches and other similar places of worship and parish houses.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the General Commercial District (GC):

         (a)   Lot area: no minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space;

         (b)   Lot coverage (maximum): no maximum lot coverage is required; however, the lot coverage shall be adequate to provide the yard space required;

         (c)   Lot width: no minimum lot width is required; however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements;

         (d)   Front yard setback: the minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the building line shall not be less than 50 feet measured from the street right-of-way;

         (e)   Side yard setback: for main and accessory structures, including open service and loading areas, the required side yard shall be not less than 20 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the side yard shall be no less than 50 feet; and

         (f)   Rear yard setback: for main and accessory structures, the required side yard shall be not less than 25 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the side yard shall be no less than 50 feet. A use to be serviced from the rear shall have a service court, alleyway, or combination thereof not less than 40 feet in width.

      (2)   Supplemental standards. The following supplemental standards shall apply within the General Commercial District (GC):

         (a)   No building shall exceed 40 feet in height, nor more than three stories in height; and

         (b)   Applicable standards shall be met in corresponding provisions of this chapter.

(Ord. 96-152, passed 10-7-1996; Ord. 2001-033, passed 10-1-2001; Ord. 2014-017, passed 7-7-2014)

   (A)   Purpose. The Suburban Office and Institution District (SO) is provided in recognition of the need to locate office and institutional land uses where adequate space can be made available in accordance with current development trends and standards. The SO District is intended for offices and institutions that may locate independently or in small clusters and that may desire buildings or groups of buildings surrounded by landscaped open areas away from the concentrations of people and traffic of retail, wholesale, and industrial areas in the village. The space, location, and aesthetic characteristics of these uses make a location near low density residential neighborhoods or rural countryside desirable.

   (B)   Permitted uses. Land and buildings in the Suburban Office and Institutional District (SO) shall be used only for the following purposes:

      (1)   Administrative and business offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting, and other management functions and business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers, including financial services, real estate, and insurance;

      (2)   Professional offices. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions, including: offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, and chiropractors, medical and dental laboratories, health and allied services, legal services, design services including engineering, architecture, landscape architecture, urban planning, graphic arts and interior design, accounting, auditing, and bookkeeping services, and professional services not elsewhere classified;

      (3)   Institution. Institutions providing social, cultural, educational, and health services to member agencies, organizations, and individuals or to the general public, including: hospitals, elementary and secondary schools, colleges and universities, vocational schools, professional schools, libraries, museums and art galleries, and religious organizations;

      (4)   Organizations and associations. Organizations and associations organized on a profit- making or nonprofit-making basis, for the promotion of membership interests, including: business associations, professional membership organizations, labor unions and similar labor organizations, civic, social, and fraternal associations, political organizations, charitable organizations, and nonprofit membership organizations not elsewhere classified;

      (5)   Residential dwelling. Residential dwelling ancillary and subordinate to a principal permitted use; and

      (6)   Churches. Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall.

   (C)   Conditional uses. The following uses may be allowed in the Suburban Office and Institutional District (SO) subject to approval in accordance with § 153.042:

      (1)   Drive-in facility. Drive-in or outdoor service facilities developed in association with a principal permitted use;

      (2)   Personal services. Personal services generally involving the care of the person or his or her apparel, including: photographic services and commercial photography, beauty shops, barber shops, and funeral service and crematories;

      (3)   Educational and research. Educational and research establishments engaged in providing tangible and intangible services to members or the general public, including: research, development, and testing laboratories, school and educational services not elsewhere classified, and nonprofit educational and scientific research agencies;

      (4)   Food and lodging. Food and lodging includes commercial establishments and institutions engaged in furnishing lodging and meals on a fee basis, including: eating and drinking places, and organizational hotels and lodging houses on a membership basis;

      (5)   Animal care. Offices of veterinarian and animal hospitals;

      (6)   Child care. Children’s nurseries and day care centers; and

      (7)   Significant developments. Any proposed structure in the Suburban Office and Institution District (SO) that contains at least 50,000 square feet of gross floor area shall be considered a significant development and may be allowed subject to approval in accordance with § 153.042.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Suburban Office and Institutional District (SO):

         (a)   Lot area: no minimum lot area is required; however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space;

         (b)   Lot coverage (maximum): no maximum lot coverage is required; however, the lot coverage shall be adequate to provide the yard space required;

         (c)   Lot width: no minimum lot width is required; however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements;

         (d)   Front yard setback: the minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the building line shall not be less than 50 feet measured from the street right-of-way;

         (e)   Side yard setback: for main and accessory structures, including open service and loading areas, the required side yard shall be not less than 20 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the side yard shall be no less than 50 feet; and

         (f)   Rear yard setback: for main and accessory structures the required rear yard shall be not less than 20 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the rear yard shall be no less than 50 feet. A use to be serviced from the rear shall have a service court, alley way, or combination thereof not less than 40 feet in width.

      (2)   Supplemental standards. The following supplemental standards shall apply within the Suburban Office and Institutional District (SO):

         (a)   No building shall exceed 40 feet in height, nor more than three stories in height;

         (b)   Applicable standards shall be met in corresponding provisions of this chapter;

         (c)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people; and

         (d)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 2019-046, passed 9-3-2019)

   (A)   Purpose.

      (1)   The Limited Manufacturing District (LM) is established for the purpose of preserving areas of the village for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and to make provision for certain kinds of commercial uses which are most appropriately located ancillary to industrial users or which are necessary to service the immediate needs of people in these areas.

      (2)   Uses under the LM District generally require a minimum of services and facilities. Such uses typically operate within enclosed structures and have little or no adverse effect on adjacent land by producing noise, odor, dust, smoke, glare, or other hazards. The intent of the district is to encourage industrial development that is architecturally sensitive, incorporating landscaping, generous setbacks, and minimal signage.

      (3)   Performance standards are identified and required to be met by all uses under the LM District to ensure that those uses are appropriate to the village and that such development is a positive addition to the village without creating undue negative environmental impacts.

   (B)   Permitted uses. Land and buildings in the Limited Manufacturing District (LM) shall be used only for the following purposes:

      (1)   Manufacturing.

         (a)   Canning and preserving fruits, vegetables, and seafood;

         (b)   Bakery products; candy and other confectionery products;

         (c)   Men’s, youth and boys’ clothing, furnishings and allied garments; women’s, misses’, children’s and infants clothing, furnishings and allied garments; fur goods and miscellaneous apparel and accessories;

         (d)   Miscellaneous fabricated textile products; broad and narrow woven fabric mills, including cotton, human-made fiber and silk, and dyeing and finishing, floor covering mills, yarn and thread mills, and miscellaneous textile goods;

         (e)   Publishing and printing of newspapers, magazines, books and other publications, and commercial printing; manifold business forms, greeting cards, bookbinding and related industries, and service industries for the printing trade;

         (f)   Pharmaceuticals;

         (g)   Footwear, gloves and mittens, luggage, handbags and other personal leather goods; boot and shoe cut stock and findings, and leather goods not elsewhere classified;

         (h)   Glass products made of purchased glass;

         (i)   Communication equipment, electronic components and accessories, engineering, laboratory, scientific and research instruments and associated equipment, and instruments for measuring, controlling, and indicating physical characteristics;

         (j)   Optical instruments and lenses, surgical, medical, and dental instruments and supplies, and ophthalmic goods; photographic equipment and supplies;

         (k)   Watches, clocks, clockwork operated devices and parts; jewelry, silverware, and plated ware;

         (l)   Automobile accessories and electronic components;

         (m)   Sausages and other prepared meat products, dairy products, grain mill products, and beverage industries;

         (n)   Household and office furniture, partitions, shelves, lockers and office and store fixtures, miscellaneous furniture and fixtures;

         (o)   Nonferrous foundries, sheet metal work, and machine shops, jobbing and repair;

         (p)   Household appliances, electrical lighting and wiring equipment, and miscellaneous electrical machinery, equipment, and supplies;

         (q)   Musical instruments and parts, toys, amusements, sporting and athletic goods; and

         (r)   Pens, pencils, and other office and artists’ materials, costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal.

      (2)   Wholesaling.

         (a)   Pharmaceuticals, chemicals, and allied products;

         (b)   Dry goods and apparel;

         (c)   Groceries and related products;

         (d)   Electrical goods;

         (e)   Hardware, plumbing and heating equipment and supplies;

         (f)   Machinery equipment and supplies;

         (g)   Tobacco and its products;

         (h)   Beer, wine, and distilled alcoholic beverages;

         (i)   Paper and its products; and

         (j)   Furniture and home furnishings.

      (3)   Wholesaling, warehousing, and transportation services.

         (a)   Trucking, local and long distance;

         (b)   Public warehousing and freight forwarding;

         (c)   Terminal and joint terminal maintenance facilities for motor freight transportation and miscellaneous services incidental to transportation;

         (d)   Motor vehicles and automotive equipment;

         (e)   Pharmaceuticals, chemicals and allied products, dry goods, apparel, groceries, and related products;

         (f)   Farm products and raw materials, electrical goods, hardware, plumbing and heating equipment and supplies;

         (g)   Machinery, equipment, and supplies;

         (h)   Miscellaneous wholesalers except scrap and waste materials; and

         (i)   Mini-warehouses.

      (4)   Service industries.

         (a)   General construction contractors;

         (b)   Plumbing, heating, and air conditioning, painting, paperhanging and decorating;

         (c)   Electrical work, masonry, stonework, tile setting, and plastering, carpentering and wood flooring, roofing and sheet metal work, concrete work, and water well drilling; and

         (d)   Miscellaneous special trade contractors.

      (5)   Commercial retail. Commercial retail uses associated with and subordinate to another permitted use and limited to no more than 25% of the total gross floor area of all structures on the subject lots.

   (C)   Conditional uses. The following uses may be allowed in the Limited Manufacturing District (LM) subject to approval in accordance with § 153.042:

      (1)   Laboratories. Research, development and testing laboratories;

      (2)   Other lawful industrial uses. Any other lawful industrial use compatible with the permitted uses, fulfilling the intent of this district, and developed in accordance with the development standards and performance standards of this district;

      (3)   Commercial and office uses. Commercial and office establishments normally associated with and intended to serve the industrial establishments or their employees, including:

         (a)   Commercial and stock savings banks, savings and loan associations, personal credit institutions, and business credit institutions;

         (b)   Offices of physicians and surgeons, dentists and dental surgeons, and osteopathic physicians, and medical and allied services;

         (c)   Design services include engineering, architecture, landscape architecture, urban planning, graphic arts, and interior design; and

         (d)   Accounting, auditing, and bookkeeping services.

      (4)   Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions;

      (5)   Personal and consumer services. Personal and consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption intended to serve the industrial establishments of their employees, including:

         (a)   Personal: beauty shops, barber shops, shoe repair shops, pressing, alteration, and garment repair, and miscellaneous personal services; and

         (b)   Business: advertising, consumer credit reporting agencies, mercantile reporting agencies, adjustment and collecting agencies, business services including duplicating, addressing, blueprinting, photocopying, mailing, mailing lists, and stenographic, private employment agencies, and business services not elsewhere classified, except research, development, and testing laboratories.

      (6)   Recycling centers. Not to include manufacturing; and

      (7)   Significant developments. Any proposed structure in the Limited Manufacturing District (LM) that contains at least 50,000 square feet of gross floor area shall be considered a significant development and may be allowed only upon approval in accordance with § 153.042.

   (D)   Development standards.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Limited Manufacturing District (LM):

         (a)   Lot area: no minimum lot area is required; however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space;

         (b)   Lot coverage (maximum): no maximum lot coverage is required; however, the lot coverage shall be adequate to provide the yard space required;

         (c)   Lot width: no minimum lot width is required; however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements;

         (d)   Front yard setback: the minimum front yard setback shall be the average of the existing adjacent industrial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent industrial structures, the building line shall not be less than 50 feet measured from the street right-of-way;

         (e)   Side yard setback: for main and accessory structures, including open service and loading areas, the required side yards shall not be less than 20 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the side yard shall be no less than 50 feet; and

         (f)   Rear yard setback: for main and accessory structures the required rear yard shall be not less than 20 feet, unless adjacent to any residential zoning district, Planned Residential District, and Planned Unit District whereby the rear yard shall be no less than 50 feet.

      (2)   Supplemental standards. The following supplemental standards shall apply within the Limited Manufacturing District (LM):

         (a)   No building shall exceed 40 feet in height, nor more than three stories in height; and

         (b)   Applicable standards shall be met in corresponding provisions of this chapter.

   (E)   Performance standards. No land or building in the Limited Manufacturing District (LM) shall be used or occupied in any manner in violation of § 153.192. The cost of any testing necessary, as determined by the village, for determining whether a violation of such regulations exists or has occurred or may occur in the future shall be paid by the violator to the village.

(Ord. 96-152, passed 10-7-1996)

   (A)   Purpose and intent.

      (1)   Planned districts shall include residential, commercial, industrial, and mixed-use subdistricts: Planned Residential District (PRD), Planned Commercial District (PCD), Planned Industrial District (PID), and Planned Unit District (PUD).

      (2)   It is the intent of the Planned Districts to promote the progressive development of land and construction thereon and to encourage imaginative architectural design and layout, flexibility in building styles and types, and sensitivity to the natural environment.

      (3)   The planned districts are designed to guide development in an orderly, coordinated, and comprehensive manner that preserves natural quality and beauty and provides supporting community facilities in the development of diverse, sound urban environments consistent with accepted land planning, landscape architecture practices, and engineering principals. Such developments should:

         (a)   Provide a more useful pattern of open space and recreation areas;

         (b)   Preserve and utilize natural topography and geologic features, scenic vistas, trees, and other vegetation, while preventing disruption of normal drainage patterns;

         (c)   Provide a more efficient pattern of development that reduces investments in utility lines, streets, and similar infrastructure; and

         (d)   Promote a development pattern in harmony with the village’s land use objectives and priorities.

   (B)   Permitted uses. Land and buildings in the planned districts (PRD, PCD, PID, and PUD) shall be used only for the following purposes as indicated under each specific subdistrict:

      (1)   Planned Residential District (PRD).

         (a)   Residential dwellings: single-family, two-family, and multi-family dwellings and accessory uses and buildings in association with a permitted dwelling;

         (b)   Churches and other similar places of worship and parish houses, provided the use occupies a lot of not less than three acres and there is one acre or more per 100 seats or similar accommodations in the main assembly hall;

         (c)   Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts, and similar recreational uses;

         (d)   Home occupations in accordance with § 153.197; and

         (e)   Private kennels.

      (2)   Planned Commercial District (PCD). Uses permitted under the Neighborhood Commercial District (NC), General Commercial District (GC), and Suburban Office District (SO);

      (3)   Planned Industrial District (PID). Uses permitted under the Limited Manufacturing District (LM); and

      (4)   Planned Unit District (PUD).

         (a)   Uses permitted under the Planned Residential District (PRD); and

         (b)   Uses permitted under the Planned Commercial District (PCD) but limited to no more than 30% of the net developable site.

   (C)   Conditional uses. The following uses may be allowed in the planned districts (PRD, PCD, PID, and PUD) subject to approval in accordance with § 153.042 and as indicated under each specific subdistrict:

      (1)   Planned Residential District (PRD) and Planned Unit (PUD) District. Accessory structures used as private kennels; and

 

      (2)   Planned Industrial District (PID). Permitted uses under the General Commercial District (GC) and Suburban Office and Institutional District (SO) limited to 25% of the net developable site.

   (D)   Development standards.

      (1)   Minimum lot requirements. The minimum lot requirements of a parcel that can be zoned under the planned districts (PRD, PCD, PID, and PUD) is the following:

 

 

         (a)   For each use the lot and building requirements of the appropriate district other than the planned district shall apply unless superseded in this chapter.

         (b)   Parking areas shall be no closer to the main structures than ten feet.

         (c)   1.   Under PRD and PUD, individual home sites, or clusters thereof, must be designated under one of the village’s zoning districts. If the Planning Commission determines that the proposed development complies with the intent of this chapter, it may waive the development standards of the corresponding zoning district in which the development is located. However, the requirement that property may be used only for the permitted uses in that zoning district may not be waived. In determining whether a deviation is justified, the Planning Commission shall determine the following:

               a.   Does the proposed plan provide a more useful pattern of open space and recreation area?

               b.   Does the proposed plan preserve and utilize natural topography and geologic features, scenic vistas, trees, and other vegetation while preventing disruption of normal drainage patterns?

               c.   Does the plan provide a more efficient pattern of development that reduces investments in utility lines, streets, and similar infrastructure which would be maintained by the village?

               d.   Does the proposed plan promote a development pattern in harmony with the village’s land use objectives and priorities? In making this determination, the Planning Commission may seek input from the Village of Corwin, Wayne Township, and Wayne Local Schools.

            2.   The project area of a planned unit development includes all of the land within the planned unit residential and commercial district excluding public rights-of-way. The Planning Commission shall determine the number of dwelling units which may be constructed within the district by dividing the project by either of the following:

               a.   The required lot area per dwelling taking into account the entire proposed zoning district of the area that is the subject of the planned unit development;

               b.   The required lot area per dwelling unit assuming the entire proposed area is zoned R-l, as modified by an increase in density up to 15% assuming that the developer has met the following goals:

                  I.   Public open space, be it undeveloped or improved, above the minimum amount required;

                  ii.   Distinctions and excellence in site design and landscaping; and

                  iii.   A significant improvement to the infrastructure which benefits the Village of Waynesville, Wayne Township, or Wayne Local Schools.

               c.   Whenever there is a request to increase density, the Planning Commission may examine the following:

                  I.   Traffic congestion in the streets which adjoin the planned residential development; and

                  ii.   An excessive burden on parks, recreational areas, schools, and other public facilities which serve or are proposed to serve the planned residential development.

               d.   If the Planning Commission finds an adverse effect, it may prohibit an increase in density or limit the increase in density to avoid the creation of adverse impact on schools, parks, and other public facilities.

         (d)   Under PRD and PUD, adjacent single-family and two-family homes shall not have identical facades relative to style and color, and all residential building front yard setbacks shall meet the applicable district requirement and be staggered.

      (2)   Site development standards. The following site development standards shall apply in the Planned Districts (PRD, PCD, PID, and PUD):

         (a)   The applicable sections of the subdivision regulations (see Chapter 152 of these codified ordinances) and the off-street parking, sign, and landscaping regulations of this Zoning Code shall apply;

         (b)   The traffic and parking system shall meet the requirements relative to access as indicated in §§ 153.230 through 153.237. Access points shall be kept to a minimum to reduce traffic congestion and mitigate potential conflict points. Vehicular and pedestrian conflict points shall also be minimized;

         (c)   Under PCD and PUD, where applicable, the parking system shall be so designed as to discourage single large unbroken paved lots for off-street parking and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas. Parking aisles, whenever possible, shall be oriented perpendicular to the building fronts;

         (d)   The maximum PRD and PUD density shall be five dwelling units per acre based upon the number of units proposed divided by the net developable site (including open space);

         (e)   Under PRD and PUD, a minimum of 20% of the net site (gross site minus publicly dedicated streets and alleys) shall be set aside as public open space. Such open space shall be used for such public purposes as a natural area, recreational area, or the site of a community or school facility;

         (f)   Under PCD and PUD, where applicable, all service and delivery shall be made to the rear of the structure or use unless special design treatment or circumstances warrant an alternative, but only with the approval of the Planning Commission. Landscaping and screening requirements of §§ 153.275 through 153.281 shall apply;

         (g)   Under PRD and PUD, the location and arrangement of areas of various density shall be so designed as to balance higher density areas adjacent to open space. Residential densities within PRD and PUD shall equal to or be less than the residential density in adjacent and abutting residential zoning districts;

         (h)   Under PRD and PUD, private roads as a common easement may be used to provide access to clustered lots and/or structures serving residential uses in accordance with the following:

            1.   The easement shall not be counted as required open space;

            2.   The easement does not serve an area larger than two acres, except that such area will contain six dwellings or less; and

            3.   Approved as a part of the subdivision plat as the most appropriate form of access to the lots and/or structures.

         (i)   Under PRD and PUD, off-street parking shall be provided in accordance with §§ 153.230 through 153.237, except residential parking may be provided in group garages or parking lots within 150 feet of the dwellings served;

         (j)   Under PCD, PID, and PUD, where appropriate, whenever multiple structures are to be located on the site and the site abuts a collector or arterial street, access onto the collector or arterial shall be via interior local streets or marginal access (frontage) roads. All uses within the PCD, PID, and PUD shall derive their access from the interior streets in the district, unless specific exemptions are made as a part of the approved development plan;

         (k)   Drainage and runoff from the proposed development shall not cause property damage. All drainage improvements shall be designed in conformance with the requirements of the village’s subdivision regulations (see Chapter 152 of these codified ordinances) and shall be approved by the Village Engineer prior to development plan approval;

         (l)   Details regarding sanitary sewage collection and disposal and water supply techniques to be utilized shall be addressed in the development plan, together with letters of approval from the pertinent local, state, and, if applicable, private agencies, and approved by the Village Engineer prior to development plan approval;

         (m)   Under PCD and PUD, no unscreened outside storage shall be permitted and no rubbish or debris of any kind shall be placed or permitted to accumulate on any portion of the parcel or lot so as to render any portion of the property unsanitary, unsightly, or detrimental to the public health, safety, or welfare;

         (n)   All utilities shall be placed underground; and

         (o)   Public nuisance regulations under § 153.192 shall apply.

   (E)   Application procedure.

      (1)   Application to be made. Written application and submittal of a development plan for a planned district shall be made by property owners, lessees, persons having an interest in the property, or duly authorized agents of owners, lessees, or persons having an interest in the property, to the Planning Commission.

      (2)   Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.

      (3)   Application contents. The application, on a form to be provided, for a planned district shall contain as a minimum:

         (a)   Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;

         (b)   A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;

         (c)   The proposed zoning district, the proposed uses, the present uses, and the present zoning district of the properties;

         (d)   A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses shall correspond to the County Auditor’s current tax list;

         (e)   A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone;

         (f)   Applicant shall show evidence of sufficient control over the land to effectuate the development plan such as property rights, economic resources, and engineering feasibility as may be necessary; and

         (g)   Evidence that the applicant has sufficient control over the land to effectuate the proposed development.

      (4)   Concept plan. A concept plan drawn to scale shall be prepared by a registered architect, registered engineer, and/or a registered landscape architect. Such concept plan shall be in map form with accompanying text and shall contain the following information as a minimum:

         (a)   Selected uses in accordance with divisions (B) and (C) of this section by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use;

         (b)   General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts;

         (c)   Open space and the intended uses therein and acreage provided;

         (d)   Residential land uses shall be summarized by lot size, dwelling type, and density;

         (e)   Topographical contours with two-foot intervals;

         (f)   Existing roads, buildings and permanent facilities, easements, right-of-way and abutting property boundaries, and existing and proposed utilities;

         (g)   Jurisdictional boundaries;

         (h)   Physical features and natural conditions of the site including the location of vegetation meeting the size requirements of §§ 153.275 through 153.281 and existing tree lines; and

         (i)   Surface drainage and areas subject to flooding.

      (5)   Development plan. A development plan drawn to scale shall be prepared by a registered architect, registered engineer, and/or a registered landscape architect. Such development plan shall be in map form with accompanying text and shall contain the following information as a minimum:

         (a)   Selected uses in accordance with divisions (B) and (C) of this section shall be specified by area or specific building location, and an explanation regarding specific compatibility of each proposed use with the immediate area shall be attached;

         (b)   A survey map of the boundary of the area being requested for zoning map amendment;

         (c)   A preliminary drainage plan, showing topographical contours in two-foot intervals, and general locations of proposed improvements;

         (d)   Stands of existing vegetation meeting the size requirements of §§ 153.275 through 153.281 and existing tree lines;

         (e)   Soil types found on the subject tracts based upon the applicable county soil survey;

         (f)   Existing roads, streets, and easements within the subject tract. Off-site contour and easement locations shall be provided where necessary to determine special off-site circumstances as they relate to the development or off-site features affected by the development;

         (g)   Names and firms of professionals that prepared the development plan;

         (h)   Proposed features, including as a minimum:

            1.   Information that the development concept conforms to all applicable standards of the planned district;

            2.   Proposed location and approximate size of all structures and ancillary uses, except for single-family residential structures and related accessory structures;

            3.   The traffic and parking system shall be shown in detail indicating points of ingress and egress into the property, public and private drives, parking areas and pedestrian walkways. The system shall be responsive to the village’s access controls as addressed in §§ 153.230 through 153.237;

            4.   A detailed parking layout, where applicable, shall be provided that includes the number of spaces provided by total number on-site and summed by row, and access points and expected movement through and between separate parking lot areas. Dimensions of the above shall also be provided. For PCD and all commercial uses in another planned district, expected pedestrian access routes from parking areas to stores shall be indicated;

            5.   An analysis of potential traffic impacts that will result from the proposed development following standard traffic assessment techniques and references, with one outcome an estimate of street and other traffic improvements necessitated by the development;

            6.   A list of specific restrictions applicable to the area being considered for zoning map amendment which are designed to fulfill the concept proposed, including prohibited uses, any additional limiting text, and proposed deed restrictions;

            7.   Screening, landscaping, and other provisions required under §§ 153.275 through 153.281 and other relevant sections;

            8.   The proposed provision of all utilities, storm drainage collection, trash collection systems, and street lighting system shall be specifically detailed;

            9.   Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures except single-family and two-family structures. Conceptual renderings as an example of single-family and two-family structures shall be provided;

            10.   Under PID, a narrative shall be provided indicating the nature of all activities to be carried on and expected levels of noise, dust, smoke, glare, odor, or vibration to result from the normal operation of the specific industrial activity. Future uses that are a change from approved uses and any internal expansions shall require the approval of the Planning Commission;

            11.   Proposed signage treatment in accordance with §§ 153.250 through 153.261;

            12.   Proposed schedule of site development indicating all phases of the development plan by phrase, indicating a summary of land use and dwelling units by time frame; and

            13.   All deed restrictions and covenants.

         (i)   Any other additional information requested by the Planning Commission or Village Council.

   (F)   Criteria for review. The Planning Commission shall, at a minimum, consider the following factors in the review of the application:

      (1)   Compatibility of the proposed amendment to adjacent land use, adjacent zoning, and to appropriate plans for the area;

      (2)   Relationship of the proposed amendment to access and traffic flow;

      (3)   Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity, and general welfare; and

      (4)   Relationship of the proposed uses to the adequacy of available services and to general expansion plans and planned capital improvements.

   (G)   Review procedure.

      (1)   Filing of application. Fifteen copies of a completed application and concept plan shall be submitted to the Director of Inspection and Engineering at least seven days prior to the Board’s next scheduled meeting. Prior to accepting such submittal, the Director shall review the submittal and determine whether such submittal is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director, shall result in a refusal of acceptance.

      (2)   Technical Review Group. The Technical Review Group shall review and comment on applications in accordance with the provisions of § 153.038.

      (3)   Concept plan. The application and concept plan shall be submitted to the Director for consideration by the Planning Commission. The concept plan shall be forwarded by the Director to the Village Engineer, Utilities Director, County Soil and Water Conservation District, and Township Fire Department for review and comments.

      (4)   Public hearing. A public hearing of the Planning Commission shall be set for not more than 45 days from the date of acceptance of a complete application and concept plan. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.

      (5)   Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the Planning Commission will render a decision on the concept plan and forward same to the Village Council for informational purposes.

      (6)   Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted. The list of addresses may correspond to the County Auditor’s current tax list. Notice shall correspond to division (G)(5) of this section in content.

      (7)   Action by Planning Commission.

         (a)   Within 31 days of the public hearing, the Planning Commission shall review the concept plan and make one of the following actions of the majority of members of such Commission:

            1.   Approval of the concept plan as requested;

            2.   Approval of the concept plan with modifications; or

            3.   Disapproval of the concept plan.

         (b)   The Planning Commission will forward one copy of the concept plan and action thereon of the majority of the members of such Commission to the Village Council for their information.

      (8)   Development plan submittal.

         (a)   No later than 12 months from the date of the Planning Commission’s action to approve or approve with modification a submitted concept plan, the applicant may submit 15 copies of a completed application and development plan to the Director of Inspection and Engineering at least seven days prior to the Board’s next scheduled meeting. Failure to submit an application and development plan within this time frame shall render the approved concept plan null and void.

         (b)   Prior to accepting such submittal, the Director shall review the submittal and determine whether such submittal is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director, shall result in a refusal of acceptance.

      (9)   Public hearing. A public hearing of the Planning Commission shall be set for not more than 45 days from the date of the acceptance of a complete application and development plan to amend the official zoning map. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.

      (10)   Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing, the Planning Commission will forward a recommendation on the development plan to Village Council for final action.

      (11)   Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, by certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted. The list of addresses may correspond to the County Auditor’s current tax list. Notice shall correspond to division (G)(5) of this section in content.

      (12)   Action by Planning Commission. Within 31 days of the public hearing, the Planning Commission shall review the application and development plan and forward one of the following recommendations of the majority of the members of such Commission to Village Council:

         (a)   Recommend amendment be granted as requested;

         (b)   Recommend a modification of amendment; or

         (c)   Recommend amendment not be granted.

      (13)   Public hearing of the Council. Upon receipt of such recommendation, the Village Council shall schedule a public hearing within 45 days of the receipt. Nothing in this section shall prevent the Council from continuing a public hearing.

      (14)   Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a summary of Planning Commission recommendation.

      (15)   Notice to property owners. Written notice of the hearing shall be mailed by the village, by certified mail, at least 30 days prior to date of public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted. Notice shall correspond to division (G)(10) of this section in content and mailing addresses.

      (16)   Action by Village Council. 

         (a)   Within 31 days after the public hearing, Council shall adopt or deny the recommendation of Planning Commission or adopt a modification thereof. To reverse or modify recommendation of the Board, the affirmative vote of five members of Council is required.

         (b)   An application for amending this chapter that has been disapproved by Village Council shall not be resubmitted to the village for reconsideration until after one year of the date of such disapproval by Council.

      (17)   Expiration. Failure to develop a minimum of 20% of the approved improvements, including right-of-way, infrastructure, and structures, on the subject properties within two years of the date of approval by Village Council or completed within the submitted and approved time frame shall result in a consideration of repeal of the approved zoning by Village Council.

      (18)   Platting.

         (a)   The creation of new parcels under any subdistrict shall be subject to platting under the subdivision regulations (see Chapter 152 of these codified ordinances). Failure to submit an application for platting no later than 12 months from the effective date of the rezoning or in accordance with the submitted and approved time frame shall render the zoning null and void and the property shall revert to its previous zoning. Following a show of cause by the applicant, the Village Council may grant an extension beyond the 12-month platting requirement.

         (b)   To reduce the length of the review and approval process, a preliminary subdivision plan can be submitted simultaneously with the development plan for rezoning to the planned district to initiate both rezoning and subdivision processes. A final subdivision plat cannot be submitted for review until an amendment to PRD, PID, PCD, or PUD has been approved by Village Council and such amendment has become effective.

(Ord. 96-152, passed 10-7-1996; Ord. 2006-008, passed 7-5-2006)

   (A)   Purpose.

      (1)   The original village section of the village is a unique area comprised of residences, neighborhood businesses serving the personal, family, and household needs of residents, offices, and public and semi-public land uses. These uses are contained in structures representing a variety of architectural styles which reflect the era in which most of the original village was constructed. Areas of the original village designated as historic districts are subject to special architectural controls under the Historic Preservation Board.

      (2)   The historical zoning structure within this area fails to adequately reflect the development character and pattern that has occurred over time. Conflicts occur between regulatory structures and historical development trends. The complexity of a mixed-use area cannot adequately be addressed through traditional zoning techniques. In addition, special development standards are necessary to protect the historic architectural character that has developed. To encourage and support this traditional mixed- use environment, the overlay districts are hereby adopted.

      (3)   The overlay districts are comprised of two subdistricts: the Limited Commercial Overlay District (LC) and the Limited Residential Overlay District (LR). Overlay districts are overlay zoning districts and the underlying district standards and requirements shall apply unless where superseded by the LC or LR regulations and requirements.

   (B)   Permitted uses. The following uses are subject to the site plan requirements of this section and architectural requirements under the Historic Preservation Board, as applicable, as well as the general provisions of this Zoning Code. Land and buildings in the Overlay Districts (LC and LR) shall be used only for the following purposes:

      (1)   Limited Commercial Overlay District (LC).

         (a)   Permitted uses allowed in the General Commercial District (GC) except where expressly prohibited by these regulations;

         (b)   Single-family detached homes;

         (c)   Residential living quarters located within and subordinate to the principal permitted use;

         (d)   Bed and breakfast inns meeting the requirements of § 153.201; and

         (e)   Home occupations in accordance with § 153.197.

      (2)   Limited Residential Overlay District (LR).

         (a)   Single-family detached homes;

         (b)   Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;

         (c)   Public parks, playgrounds, recreation and community swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature; provided, that any principal building or swimming pool used therefor shall be located not less than 150 feet from any other lot in any Residential District;

         (d)   Public and private schools; and

         (e)   Home occupations in accordance with § 153.197.

   (C)   Conditional uses. The following uses may be allowed in the Overlay Districts (LC and LR) where indicated subject to approval in accordance with § 153.042:

      (1)   Limited Commercial Overlay District (LC).

         (a)   Offices of veterinarians and animal hospitals;

         (b)   Residential structures containing between two and four dwelling units;

         (c)   Children’s nurseries and day care centers; and

         (d)   Home occupations in accordance with § 153.197.

      (2)   Limited Residential Overlay District (LR).

         (a)   Residential structures containing between two and four dwelling units;

         (b)   Home occupations in accordance with § 153.197;

         (c)   Rest homes, nursing homes, and children’s nurseries and day care centers; and

         (d)   Bed and breakfast inns meeting the requirements of § 153.201.

   (D)   Prohibited uses. The following uses shall be prohibited in the Overlay District (LC and LR):

      (1)   Fast-food restaurants;

      (2)   Convenience food markets;

      (3)   All auto-related uses, such as sales and services;

      (4)   Gasoline service stations;

      (5)   Hotels and motels;

      (6)   Recreational uses except publicly-owned and operated parks and recreational facilities; and

      (7)   Other uses that are determined by the Planning Commission to be incompatible with the purpose of the Overlay District.

   (E)   Development standards. The applicable development standards for bed and breakfast facilities are summarized in § 153.201.

      (1)   Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Overlay Districts (LC and LR):

         (a)   Lot area: for residential uses, the minimum lot area shall be 6,000 square feet; for nonresidential uses, no minimum lot area is required; however, the lot area shall be adequate to provide the required yard space;

         (b)   Lot coverage (maximum): for residential uses, the lot coverage shall be 40%; for nonresidential uses, no maximum lot coverage is required; however, the lot coverage shall be adequate to provide the yard space required;

         (c)   Lot width: for residential uses, the minimum lot width shall be 40 feet at the building line and 30 feet of frontage on an improved public right-of-way; for nonresidential uses, no minimum lot width is required; however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements;

         (d)   Front yard setback: the minimum front yard setback shall be determined by averaging the existing building lines of the two parcels adjacent to the subject parcel. If an adjacent parcel or parcels are absent of principal structures, then the next adjacent parcel with a principal structure shall be used in calculating the setback. For corner lots, the setback shall be calculated by the average of the existing building line of the adjacent parcels and 30 feet;

         (e)   Side yard setback: for residential uses, the minimum side yard setback shall be five feet; for nonresidential uses the minimum side yard setback shall be not less than eight feet; and

         (f)   Rear yard setback: for residential uses, the minimum rear yard setback shall be 15 feet; for accessory uses and structures associated with a principal residential use, the minimum rear yard setback shall be eight feet; for nonresidential uses the minimum rear yard setback shall be not less than 15 feet; for nonresidential uses serviced from the rear, a service court, alleyway, or combination thereof shall be provided of not less than 40 feet in width.

      (2)   Supplemental standards. The following supplemental standards shall apply within the Overlay Districts (LC and LR):

         (a)   No building shall exceed 40 feet in height, nor more than three stories in height;

         (b)   Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people;

         (c)   Applicable standards shall be met in corresponding provisions of this chapter; and

         (d)   Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.

(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 99-103, passed 3-1-1999; Ord. 2019-046, passed 9-3-2019)

   (A)   Intent. It is the intent of the Floodplain District (FP) to prohibit the use of floodplains for uses which could be detrimental to health and welfare. The Floodplain District (FP) is an overlay zoning district and the underlying district standards and requirements shall apply unless where superseded by the Floodplain District (FP) regulations and requirements.

   (B)   Lands subject to flooding. For the purposes of this Zoning Code, FLOODPLAINS are defined as those lands subject to inundation by the 100-year flood, as identified in the “Flood Insurance Study for Waynesville, Ohio” with accompanying flood boundary and floodway maps and flood insurance rate maps dated June 4, 1980, and any revisions thereto.

   (C)   Prohibited uses in floodplains.

      (1)   Structures designed or used for human habitation;

      (2)   The storage or processing of materials that are pollutants, buoyant, flammable, poisonous, explosive, or could be injurious to human, animal, or plant life in time of flooding, or that have a high flood damage potential; and

      (3)   Garbage and waste disposal facilities.

   (D)   Permitted uses. The only uses allowed in a floodplain area are those uses which are not specifically prohibited in division (C) of this section which meet the requirements of Chapter 151 of these codified ordinances (Ord. 96-152, Flood Damage Prevention, as amended), and which are permitted in the underlying zoning district unless superseded by the regulations and prohibitions of this chapter and Chapter 151, as amended.

(Ord. 96-152, passed 10-7-1996)

   (A)   Purpose.

      (1)   The Exceptional Use District (EU) is designed to permit certain uses which are not addressed in any other adopted district and which are of a nature as to warrant individual consideration and regulation due to unique demands placed upon the public health, safety, and general welfare and the requirements of location and development that generally are peculiar to these uses.

      (2)   The Exceptional Use District (EU) is intended to allow these uses to be suitably located and developed to appropriate and necessary standards of development in relation to other land uses and development with a minimum of conflict, without undue demand on necessary public services and facilities, and without adverse impact on the natural environment. To this end, these uses are intended to be developed in a manner of appropriate architectural, engineering, and landscape design and layout with necessary space or other provisions regarding development or operation to overcome any obnoxious or hazardous effect on adjacent lands as such effect may be a potential in the proposed use.

   (B)   Special uses. Land or buildings may be approved as permitted uses in the Exceptional Use District (EU) provided that such use is not a permitted or conditional use in any other district. The Exceptional Use District shall be limited to the following uses:

      (1)   Golf club, country club, fishing club or lake, gun club, riding stable, including boarding of animals, or similar recreational facility operated on an admission fee or membership basis;

      (2)   Cemetery or crematory not otherwise allowed by the provisions of this Zoning Code, provided that use occupies a lot of not less than five acres; and

      (3)   Other legal uses of unique or exceptional requirements of circumstances that are otherwise not permitted by this Zoning Code.

   (C)   Application procedure. The application procedure for amendments shall apply as stated in § 153.041(B) except § 153.041(B)(3)(g), which shall be replaced with a development plan, 15 copies of which shall be submitted with the application. The development plan shall include in text and map form:

      (1)   The proposed location and size of areas of use, indicating size, location, and type of structures;

      (2)   The proposed location, size, and use of all open areas landscaped and other open space with ownership of such areas;

      (3)   The proposed provision of water, sanitary sewer, and surface drainage facilities including engineering feasibility or other evidence of reasonableness;

      (4)   The proposed circulation pattern including streets, both public and private, driveways, parking areas, walking and other access ways including their relation to topography, existing streets, and other evidence of reasonableness;

      (5)   The proposed schedule of site development and construction of buildings and associated facilities, and sketches or other documentation indicating design principals or concepts for site development, buildings, lighting and illumination, landscapes, or other features. Such schedule shall include the use or redevelopment of existing features such as structures, streets, easements, utility lines, and land use;

      (6)   The relationship of the proposed development to the existing and future land use in the surrounding areas, the street system, community facilities and services, and other public improvements; and

      (7)   Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan within three years. Such control includes property rights, economic resources, and engineering feasibility as may be necessary.

   (D)   Criteria for review. The Planning Commission shall, at the minimum, consider the following factors in the review of the application:

      (1)   The proposed development is consistent in all respects to the purpose, intent, and applicable standards of this Zoning Code;

      (2)   The proposed development is compatible with adjacent land use, adjacent zoning and to appropriate plans for the area;

      (3)   The proposed development advances the general welfare of the village and that the benefits to be derived from the proposed use justifies the change in land use character of the area; and

      (4)   The proposed development promotes the public health, safety, convenience, comfort, prosperity, and general welfare.

   (E)   Review procedure. The review procedure shall be as stated and required in § 153.041(D) except as to effect of approval as stated in division (F) of this section.

   (F)   Effect of approval; time extension or modification.

      (1)   Effect of approval. The development plan as approved by the Village Council shall constitute an amendment of the official zoning map. Such approval shall be for a three-year period commencing from the date of approval by Council to allow the preparation of a subdivision plat or application for certificate of zoning compliance, whichever shall apply. The approval shall become voided and the land shall revert to its last previous zoning district if a final subdivision plat has not been approved or a certificate of zoning compliance has not been issued, unless an extension of time is granted as per division (F)(2) of this section.

      (2)   Time extension or modification. An extension of the time limit or the modification of the approved development plan may be approved by the Village Council following receipt of a recommendation from the Planning Commission. Such approval shall be given upon the finding of the purpose and necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the approved development plan, and that such extension or modification is not in conflict with the general health, safety, and welfare of the public or the development standards of the Exceptional Use District (EU).

   (G)   Development standards. The provisions of §§ 153.190 through 153.281 shall pertain to the Exceptional Use District (EU). Because of the unique nature and requirements of these uses, and because their locations cannot be readily predetermined, appropriate development standards, requirements, and other provisions of this Zoning Code, as appropriate, shall be used.

(Ord. 96-152, passed 10-7-1996)

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      AQUIFER. A consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water.

      BEST MANAGEMENT PRACTICE (BMP). A practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural and nonstructural practices, conservation practices, and operation and maintenance procedures, as defined by the Soil and Water Conservation District.

      CERCLA. The Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendment and Reauthorization Act, being 42 U.S.C. §§ 9601 et seq.

      CONTAMINANT. Any physical, chemical, biological, or radiological substance or matter that has an adverse effect on air, water, or soil.

      INJECTION WELL. A well into which fluids are being injected and classified as per O.A.C. § 3745-34-04.

      OSHA. The Occupational Safety and Health Act, being 29 U.S.C. §§ 651 et seq.

      POTABLE WATER. Water suitable for human consumption as defined by SDWA.

      PROTECTED PUBLIC WATER SUPPLY. A public water system which serves at least 15 service connections used by year round residents whose wells lie within the sole source aquifer.

      REGULATED SUBSTANCES. Chemicals or mixtures of chemicals that are health hazards as specified in division (E) of this section.

      RCRA. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, being 42 U.S.C. §§ 6901 et seq.

      SDWA. The Safe Drinking Water Act, P.L. 95-523, as amended by P.L. 96-502, being 42 U.S.C. §§ 300f et seq.

      SOLE SOURCE AQUIFER. The portion of the Buried Valley Aquifer System of the Great and Little Miami River Basins of Southwestern Ohio; determined to be the sole or principal source of drinking water for the village. Pursuant to § 1424(a) or (e) of the Safe Drinking Water Act (42 U.S.C. § 300h-3).

      TIME-OF-TRAVEL BOUNDARY. A locus of points from which water takes an equal amount of time to reach a given destination such as a well or wellfield.

      TSCA. The Toxic Substance Control Act, as amended, being 15 U.S.C. §§ 2601 et seq.

      WELL. A bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension and whose purpose is to reach underground water or oil supplies, or to store or bury fluids below ground.

      WELL FIELD. A tract of land that contains one or more wells for supplying water.

      WELLHEAD. The physical structure, facility, or device at the land surface from or through which ground water flows or is pumped from subsurface water bearing formations.

   (B)   Purpose: aquifer protection “AP” and Wellhead Protection “WP” Overlay Areas.

      (1)   The regulations set forth in this section, or set forth elsewhere in this Zoning Code, are the zoning regulations for the Aquifer Protection Overlay “AP” and the Wellhead Protection Overlay “WP” Areas.

      (2)   The purpose of these regulations is to safeguard the public health, safety, and welfare and to provide for the protection and availability of the existing and future potable ground water supply in the village aquifer area.

      (3)   Furthermore, it is intended that the protected public water supply wells within the designated sole source aquifer boundaries be protected from contamination both by preventing increased risk and by reducing existing risk to the public water supply.

      (4)   These regulations set forth requirements, standards, and criteria for the control of toxic or otherwise hazardous contaminants within the sole source aquifer, primarily through the control of regulated substances and land use.

   (C)   Determination of applicability.

      (1)   It shall be the responsibility of any person owning real property and/or owning or operating a business within the Wellhead Protection Area and Aquifer Protection Area of the village to make a determination of the applicability of these regulations as they pertain to the property and/or business under his or her ownership or operation and his or her failure to do so shall not excuse any violations of these regulations.

      (2)   Nothing contained in these regulations 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 these regulations.

   (D)   Permitted land uses. Permitted land uses within the Aquifer Protection “AP” and Wellhead Protection “WP” Overlay shall be those of the existing zoning district, excepting those listed below, provided they meet all requirements of these regulations. Landfills comprised of demolition debris, fly ash, foundry sand, or other non-approved matter, junkyards, dry wells, and newly sited sanitary landfills are prohibited within the “AP” and “WP” Overlay Areas. Septage spraying and sludge spreading without prior approval from the Ohio Environmental Protection Agency and the Village Manager are prohibited within these overlay areas.

   (E)   Regulated substances.

      (1)   Regulated substances are chemicals or mixtures of chemicals that are or could be health hazards. Materials packaged for personal or household use as food or drink for humans or other animals are not regulated substances. Regulated substances include:

         (a)   Chemicals which are regulated by SDWA, TSCA, RCRA, OSHA, CERCLA, or other state and/or federal environmental laws and regulations, or for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes;

         (b)   Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard;

         (c)   Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis;

         (d)   Ingredients of mixtures prepared within the Aquifer Protection Overlay Area in cases where such ingredients are health hazards but comprise less than 0.1% of the mixture (on a weight per unit weight basis) if carcinogenic, or if less than 1% of the mixture (on a weight per unit weight basis) if non-carcinogenic; and

         (e)   Petroleum and non-sold petroleum derivatives (except non PCB dielectric fluids).

      (2)   Determination of whether a material is a regulated substance can be made upon review of a Material Safety Data Sheet (MSDS). This should be available from the manufacturer, vendor, or distributor of the product. The most recent United States Environmental Protection Agency Title III Lists of Lists is a reference to potential regulated substances and is not a comprehensive listing.

      (3)   Determination and verification of regulated substances shall be administered by the Village Manager or designee.

   (F)   Technical consultants. Upon application for a zoning permit and/or site plan review for a use within the Aquifer Protection and Wellhead Protection Overlay Areas, the Village Manager may obtain such technical expertise as needed to ensure compliance with the provisions of these regulations. The entire costs of obtaining the technical expertise, as needed to ensure compliance with the provisions of these regulations, shall be paid by the applicant in accordance with § 36.01 (Ord. 95-194).

   (G)   Site plan submission requirements. The following are submission requirements in addition to those stated elsewhere in this Zoning Code for all sites located within the Aquifer Protection and/or Wellhead Protection Overlay Areas.

      (1)   Additional site plan contents. The following shall be necessary contents of the site plan, in addition to those stated in this Zoning Code, §§ 153.060 through 153.067, site development plans:

         (a)   The locations where regulated substances will handled and stored, and/or contained in the event of a spill or leak;

         (b)   The location or type of security systems to be installed; and

         (c)   Detailed plans of all accidental spill or discharge containment measures.

      (2)   Description of regulated substances operations. Description of operations, activities, and processes to be conducted at the site, emphasizing those involving regulated substances. A list of regulated substances and expected quantities shall also be furnished.

      (3)   Regulated substances management plan. Methods to achieve compliance with the requirements for use, handling, and storage of regulated substances, contained herein for regulated substances.

      (4)   Site ground water monitoring plan. Location of both baseline and continuing monitoring wells, specifications for such wells and schedules for reporting monitoring results as specified by the Village Manager or designee as a condition of site plan approval.

      (5)   Emergency response plan. Procedures and responsibility, including required reporting to appropriate officials, in the event of any accidental or otherwise unauthorized release of any regulated substance at the site. This may be submitted at any time prior to the issuance of a certificate of occupancy.

   (H)   Spills, leaks, or discharges.

      (1)   Any entity or person with direct knowledge of a spill, leak, or discharge of a regulated substance within the Aquifer Protection and Wellhead Protection Overlay Areas shall, if such spill, leak, or discharge escapes containment, contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the local fire district, local emergency planning committee, the village and the Ohio Environmental Protection Agency within 30 minutes of knowledge of the discharge. Additionally, the entity or person shall provide the local fire district, at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substances, concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, state, and federal reporting obligations as required by law.

      (2)   Any entity or person who spills, leaks, or discharges the substances shall be liable for any reasonable expense, loss, or damages incurred by the county, village, and/or public water system operation in response to such an incident, in addition to the amount of any fines imposed thereof under state and federal law. The entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks, or discharges as soon as practicable following the incident, but no later than 30 days after the incident.

      (3)   The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, and the like, used in routine agricultural operations, including plant nutrients and crop protection materials, applied under best management practices as indicated by soil tests, the Ohio State University Extension, the Soil and Water Conservation District, and label directions approved by the United States Environmental Protection Agency or the state’s Department of Agriculture shall not be considered a spill, leak, or discharge subject to the reporting provisions of this section.

   (I)   Enforcement.

      (1)   Application. If any activity or use of a regulated substance is deemed by the Village Manager to be in violation of these regulations and pose a real and present danger of contaminating surface and/or ground water which would normally enter the public water supply, in accordance with R.C. § 713.13 or other applicable state laws, the Village Manager is authorized to:

         (a)   Cause cessation of the activity or use of the regulated substance;

         (b)   Require the provisions of administrative controls and/or facilities sufficient to mitigate the danger; and/or

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

      (2)   Consideration. When considering the exercise of any of the above authorities or actions, the Village Manager shall utilize the services of a technically qualified person in making such determination and shall notify and consult with the owner or designated representative of the potentially affected and/or affected public water supply to determine what measures need to be taken to ensure the public water supply is reasonably and a equally protected from contamination for the present and the future. The Village Manager 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.

      (3)   Inspections. Subject to applicable provisions of law, the Village Manager or authorized designee 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 these regulations to ensure that activities are in accordance with the provisions of this Zoning Code. 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 administrate officer for the above stated purposes, the administrative officer may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter the property.

   (J)   Aquifer Protection “AP” Overlay Area Standards. Permitted uses in Aquifer Protection and Wellhead Protection Overlay areas shall be subject to the standards in this section.

      (1)   Establishment of Aquifer Protection AP Overlay standards. The Aquifer Protection Overlay Area shall be as defined as the five-year time of travel and sensitive zones in the Wellhead Protection Study for the village, as prepared by Panterra Consultants in 1995.

      (2)   Alternate criteria for determining buried valley hydrogeological setting.

         (a)   Where an owner determines there is sufficient doubt as to the location of the Aquifer Protection Area, he or she may have an assessment of hydrogeological conditions prepared by technically qualified personnel. This data will be submitted to the Planning Commission who, after consultation with the Village Manager or his or her designee, will make a final determination as to whether the tract of land in question should be determined as located within the Aquifer Protection Area in the implementation of these regulations. All expenses for the assessment shall be paid by the applicant.

         (b)   The hydrogeological site assessment shall include the following:

            1.   Literature search for information from previous hydrogeologic investigations on and surrounding the site;

            2.   Hydrogeologic investigations to characterize ground water conditions at the site if required by the Planning Commission;

            3.   Description of site hydrogeology including soils, ground water/surface water interactions, aquifer type (such as sand and gravel, bedrock), aquifer configuration, potential ground water storage, hydraulic parameters, susceptibility to contamination, boundary conditions, ground water flow rate and patterns, and an assessment of existing ground water quality; and

            4.   An assessment of existing ground water production patterns and an evaluation of the site with reference to wellfield zone of contribution, drinking water protection areas, and recharge areas.

         (c)   The hydrogeological site assessment approved by the Planning Commission shall take precedence in determining the adjustment of Aquifer Protection Overlay Area boundaries.

         (d)   Acknowledgment of outside time-of-travel boundaries: in the event similar time-of- travel boundaries are created outside the jurisdiction of this Zoning Code, utilizing Ohio Environmental Protection Agency Time Of-Travel Transport Models, and one- to five-year time-of-travel boundaries are created and do extend into the jurisdiction of this Zoning Code, upon completion of this code, the village will enforce its AP Overlay Areas regulations within this area.

      (3)   Use, handling, and storage of regulated substances. The use, handling, and storage of all regulated substances shall be in accordance with the following standards.

         (a)   All underground storage facilities used for regulated substances shall be designed and constructed with secondary containment systems that are capable of holding, at a minimum, 110% of the primary container.

         (b)   All underground storage facilities shall have a monitoring system approved by the Village Manager and the Ohio Environmental Protection Agency.

         (c)   Transfer and/or above-ground storage facilities for regulated substances shall be equipped with impervious containment and dikes enclosing the entire transfer and/or storage area of the facility. The volume of the diked area shall be capable of holding, at a minimum, at least 110% of the capacity of the largest tank contained therein. Dikes around above ground transfer and/or storage facilities, and the entire area enclosed by the dikes, shall be made impervious to the types of substances expected to be stored in the tanks. Drainage or precipitation from within the diked area shall be controlled in a manner that will prevent any regulated substance from entering the ground, ground water, or surface waters.

         (d)   All transfer and/or storage facilities shall have shut-off valves for piping, other conduits, and containers used for regulated substances designed in accordance with accepted engineering standards as specified by the Village Manager.

         (e)   The material used in the construction or lining of storage tanks shall be compatible with the substance to be stored. Storage tanks shall be protected against corrosion and designed in a manner approved by the Village Manager to prevent the release or threatened release of any stored regulated substance.

         (f)   Incompatible materials shall be located in separated areas within all transfer and storage areas on a site.

         (g)   The placement of any regulated substance in direct contact with the surface of the ground shall be prohibited. In lieu of placing regulated substances in direct contact with the surface of the ground, such substances should be underlain with diked pads or platforms constructed of impervious materials.

         (h)   Any storage of drums, tanks, or other vessels susceptible to weather related damage which contain or have contained regulated substances shall be protected against damage from heat, cold, rust, and other weather-related conditions.

         (i)   All transfer and/or storage areas of a facility where regulated substances are used, stored, or handled shall be adequately secured from access by unauthorized persons.

         (j)   The discharge or disposal of any regulated substance into any storm or sanitary sewer, except in accordance with a valid discharge permit, is prohibited.

         (k)   Pipelines which contain regulated substances shall be built or modified to meet secondary containment and monitoring requirements outlined within these regulations.

      (4)   Other ground water protection standards.

         (a)   Stormwater detention/retention basins shall be equipped with impermeable liners when necessary to prevent excessive infiltration into underlying aquifers.

         (b)   Residential developments not connected to a central wastewater treatment system shall comply with the County Combined Health District regulations.

         (c)   All residential wastewater disposal systems within the Aquifer Protection Overlay Area shall be required to be inspected annually by the County Combined Health District per its specifications. This requirement shall be fully implemented within one year of the effective date of these regulations. All wastewater disposal systems serving nonresidential uses and residential uses of four dwelling units or greater, within the Aquifer Protection Overlay Area shall, contingent upon agreement with the Ohio Environmental Protection Agency (OEPA), be required to be inspected annually by the County Combined Health District per its specifications. This requirement shall be fully implemented within one year of the effective date of the agreement with OEPA.

         (d)   Abandonment of wells shall be in accordance with requirements of Ohio's Private Water System Rules, O.A.C. Chapter 3701-28.

         (e)   Bulk storage facilities for road salt shall be equipped with diked pads or platforms and covers constructed of impervious materials.

         (f)   Storage of agricultural chemicals shall be in standard approved packaging, and application of such chemicals to real property shall be in accordance with best management practices, such as those recommended by the Ohio State University Extension or the County Soil and Water Conservation District and applied by the United States Environmental Protection Agency label directions.

         (g)   Mineral extraction activities within the AP Overlay Area shall be regulated according to all applicable Ohio Department of Natural Resources requirements and zoning requirements of the Aquifer Protection Overlay Area. In cases of differing requirements, the more restrictive regulation shall apply.

         (h)   Livestock operations shall have animal waste management plans approved by the County Soil and Water Conservation District in accordance with the requirements of O.A.C. § 1501:15-5.

      (5)   Non-operating facilities. No person or entity shall abandon, close, or temporarily cease operating facilities involving regulated substances without complying with the following:

         (a)   Any nonresidential use of property that becomes unoccupied or has discontinued operation for a period of 60 days or more shall remove all regulated substances from the site within 90 days from the date of discontinued use.

         (b)   An underground storage facility which is temporarily taken out of service for a period of six months to one year, but which the operator intends to return to use, shall be subject to the requirements of the State Fire Code dealing with the abandonment of tanks.

         (c)   Underground storage facilities abandoned for a period exceeding 365 days must be removed in accordance with the requirements of the State Fire Code.

   (K)   Ground water monitoring requirements. The following monitoring provisions may apply to new operations, modification of any existing operations, and/or any change of occupancy of all nonresidential uses requiring a building permit and/or a site plan review within Aquifer Protection and Wellhead Protection Overlay Areas that store or handle regulated substances. Application of agricultural chemicals and the like, and the existing storage facilities for such applications on land used for agricultural purposes as defined in the Wellhead Protection Code, shall not be exempted from ground water monitoring requirements. Newly constructed storage facilities for the purposes, erected after adoption of these regulations, may require ground water monitoring, if applicable.

      (1)   Consideration for applicability. The following criteria shall be utilized in determining the necessity of a monitoring system. If it is determined by the Village Manager that ground water monitoring is necessary, these rules apply:

         (a)   The nature of the proposed operation;

         (b)   The amount and potential risk of the regulated substances to be utilized;

         (c)   The existence and location of current monitoring systems;

         (d)   The characteristics of the aquifer in the vicinity of the site; and

         (e)   The proximity to a protected public water supply.

      (2)   Baseline monitoring. Baseline ground water monitoring shall be required at the proposed site of a new operation for a period of no less than three months prior to the date of issuance of a certificate of occupancy. Wells for such monitoring shall be of sufficient number, design, and location as specified by the Utilities Department to determine prevailing hydrogeologic conditions and baseline ground water quality. Parameters for baseline monitoring shall be determined by the Utilities Department. Baseline monitoring wells shall be sampled at least twice by the Utilities Department, with results forwarded to the Village Manager.

      (3)   Continuing monitoring.

         (a)   Following baseline monitoring, a program of continuing monitoring shall be required at the proposed site. Wells installed for baseline monitoring shall be used for the continuing monitoring program, along with supplemental monitoring wells installed as directed by the Utilities Department based on review of the baseline monitoring results.

         (b)   Continuing monitoring wells shall be sampled at least quarterly as specified by the Utilities Department. Parameters for continuing monitoring shall be determined by the Utilities Department with consultation by qualified water quality professionals as necessary.

            1.   Supplemental monitoring wells shall be installed at selected locations with the site down-gradient of specific sources of regulated substances such as storage tanks, loading areas, and the like.

            2.   Results of continuing monitoring shall be submitted at least quarterly and forwarded to the Village Manager.

            3.   When results of continuing monitoring indicate the presence of regulated substances not present in baseline monitoring results, or increases in the levels of such substances, the Village Manager shall, with the assistance from the Utilities Department, report the findings to the Ohio Environmental Protection Agency and/or consult with owners/officials of the facility or facilities in question to determine the origin of the substances and develop plans for addressing the situation.

      (4)   Other monitoring requirements. Ground water monitoring requirements of other federal, state, and local agencies in effect at the time of application of the provisions of the Wellhead Protection Zoning Code shall also apply in the AP and WP Overlay Areas as appropriate. Where the requirements of such regulations differ from those of this code, the more restrictive regulations shall apply.

   (L)   Wellhead Protection “WP” Overlay Area Standards. Permitted uses in the Wellhead Protection Overlay Area, defined as the one-year time of travel in the Wellhead Protection report, shall be subject to the standards in this section, as well as all those listed for the AP area.

      (1)   Establishment of Wellhead Protection Zone Overlay boundaries.

         (a)   The owner of any protected public water supply well or wellfield may establish a series of time-of-travel boundaries through the use of a professional engineer.

         (b)   Time-of-travel boundaries must be delineated for one- and five-year intervals surrounding the wellfield. The boundaries delineated shall assume maximum pumping capacity from the wellfield. One of the following methods shall be utilized in producing the time-of-travel boundaries; semi-analytical, analytical, or numerical flow/solute transport models, as defined by the Ohio Environmental Protection Agency. If a portion of a property is located within the WP Overlay Area, the entire property shall be governed by this section.

         (c)   Approval of a time-of-travel boundary as a Wellhead Protection Overlay shall be administered by the zoning amendment process, as provided in this Zoning Code or by the Planning Commission. The owner of the protected public water supply shall be acknowledged as the applicant.

         (d)   Upon the Planning Board approval, the one-year time-of-travel boundary shall be the boundary of the “WP” Overlay Area, effective 30 days after its approval.

         (e)   The Wellhead Protection Overlay Area shall be as defined as the one-year time of travel zone in the Wellhead Protection Study for the village, as prepared by Panterra Consultants in 1995.

      (2)   Alterations to the “WP” Overlay Area boundary.

         (a)   Where an owner determines that there is sufficient doubt as to the location of the time- of-travel boundary within the boundaries of his or her tract of land, he or she may make application to the Planning Commission. An application to exclude a tract of land from a WP Overlay Area must address the following issues:

            1.   Identification of the proximity of the one-year time-of travel boundary in relation to the tract of land;

            2.   Current land uses and existing zoning on the tract of land;

            3.   Review of adjacent hydrogeological site assessments as outlined and time-of-travel boundary computations as outlined in division (I) of this section;

            4.   Evidence of how the removal of a tract of land shall not adversely affect the integrity of the WP Overlay Area; and

            5.   The entire costs of obtaining all research, materials, and technical expertise, as needed to ensure compliance with the provisions of these regulations, shall be paid by the applicant as per division (F) of this section.

         (b)   Exclusion from the Wellhead Overlay Area does not necessarily exclude the property from the Aquifer Protection Overlay Area regulations.

      (3)   Acknowledgment of outside time-of-travel boundaries. In the event similar time-of-travel boundaries are created outside the jurisdiction of this Zoning Code, utilizing Ohio Environmental Protection Agency Time-of-Travel Transport Models, and one- to five-year time-of-travel boundaries are created and do extend into the jurisdiction of this Zoning Code, upon completion of this code, the village will enforce its WP Overlay Areas regulations within this area.

      (4)   Regulated substances maximum quantities. Use (storage, handling, and/or production) of regulated substances in conjunction with permitted uses within the WP Overlay Area shall be limited to:

         (a)   At any given time, a permitted zoning use may not exceed the reportable quantity for each regulated substance used, stored, handled, and/or produced at a given site, as established by 40 C.F.R. §§ 302 et seq. All unlisted regulated substances shall be limited to 100 pounds or 12.5 gallons at any time; and

         (b)   The total use, storage, handling, and/or production of regulated substances may not exceed 12 times the reportable quantity for each regulated substance as established by 40 C.F.R. §§ 302 et seq., or for unlisted regulated substances, 1,200 pounds or 150 gallons, in any 12-month period.

      (5)   Limited exclusions. Limited exclusions from the provisions of the code are authorized for:

         (a)   Cleaning agents: cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as product packages for use by the general public. In no case shall cleaning agents claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents;

         (b)   Construction materials: regulated substances associated with construction for which a zoning permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site provided such regulated substances do not pose a real and present danger of contaminating surface and/or ground water as determined by the Utilities Department;

         (c)   Office supplies: office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use; and

         (d)   Agricultural chemicals: a limited exclusion is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging, under specifications recommended by the manufacturer, and such chemicals are applied to real property under best management practices as indicated by soil tests, the Ohio State University Extension, the County Soil and Water Conservation District, and label directions approved by the United States Environmental Protection Agency and Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to real property 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/above-ground storage tank protection requirements of the AP and WP Overlay Area.

      (6)   Underground storage facilities. Five years from the effective date of a time-of-travel boundary Zoning Code initiation, only storage of vehicle fuel and vehicle lubricants and fuel for building and/or process heating may occur in underground storage tank systems in the WP Overlay Area. At that time fuels for nonresidential building and/or process heating and vehicle fuel and lubricants shall be secondarily contained and monitored in accordance with plans submitted to and approved by the Village Manager and in conformance with rules and regulations of O.A.C. § 1301:7-9. Present underground storage tanks containing fuel of residential building and/or process heating shall be exempt, and future usage in new residential construction is not permitted.

      (7)   Existing businesses/nonconforming maximum quantities. Existing businesses having nonconforming maximum quantities of regulated substances within the WP Overlay Area may make application to the Board of Zoning and Building Appeals to approve modifications in operation, changes in specific regulated substances used or stored, and/or increase the maximum quantities of regulated substances maintained on-site in response to changes in the market and/or need to increase production, provided that:

         (a)   All other methods to respond to changes in the market or increase production without exceeding the maximum quantities of reported regulated substances have been exhausted; and

         (b)   The business can demonstrate that there shall be no greater hazard and/or threat of hazard to the aquifer and/or ground water as a result of increasing the amount of regulated substances. The Board of Zoning and Building Appeals may approve increases to the maximum quantities of regulated substances only after review of the application by the Village Manager and/or his or her designee as outlined in the code.

    (M)   Reporting requirements of regulated substances.

      (1)   Any owner or occupant of a site used primarily for nonresidential uses other than agriculture in the WP Overlay Area shall file an initial regulated substance inventory report with the Planning Commission. The report shall be filed within 180 days of the effective date of these regulations and at 24-month intervals thereafter.

      (2)   Except as provided elsewhere, any new owner or occupant of any land in the Wellhead Protection Area shall file a regulated substance inventory report prior to receipt of a certificate of occupancy and at 24-month intervals following the date of occupancy.

      (3)   Exclusions beyond initial inventory reporting.

         (a)   Any exclusions set forth in this division(M)(3) shall apply provided that any spill, leak, discharge, or mishandling shall be subject to the regulations of division (H) of this section. Any exclusions granted herein shall not remove or limit the liability involved.

         (b)   An exclusion from regulated substance inventory reporting is hereby authorized for the transportation of regulated substances through the WP Overlay Area provided that the transporting vehicle is in compliance with applicable federal and state laws and regulations, and provided that the regulated substance is fueling the transporting vehicle or the transporting vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed 72 hours.

         (c)   A limited exclusion from regulated substances inventory reporting is hereby authorized for regulated substances that are contained within tanks that are designed as an integral part of the motor vehicle, and used specifically and solely for the operation of the motor vehicle. In no case shall the tanker portion of a tractor-trailer truck be included in this exclusion.

      (4)   (a)   Entities engaged in agricultural activities that are required to file any SARA Title III, Community Right To Know Reports, shall also file copies of those reports with the Village Manager.

         (b)   The entities shall also maintain records of applications and purchases of agricultural chemicals per state and federal regulations. Such records shall be made available as required.

(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999