§ 155.097 SINGLE-FAMILY DWELLINGS.

   On a property of four acres or more, two single-family dwellings will be permitted if the property conforms completely to the following.

   (A)   Single-family dwellings are permitted in the zoned district.

   (B)   If the property is divided, it will consist of two lots, each having a single-family dwelling and each lot fully conforming to all the requirements of the zoned districts.

   (C)   Both dwellings are served by separate sanitary facilities.

(Prior Code, § 152.092) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.098 LANDSCAPE WASTE COMPOSTING FACILITY.

   All applications for permit for the establishment, construction and operation of a landscape waste composting facility shall be subject to the following exhibits, rules and standards.

   (A)   Required exhibits shall include the following:

      (1)   A boundary survey at a scale of one inch equals 100 feet together with the complete legal description of the proposed property;

      (2)   A boundary map depicting the existing topography at no less than two-foot contours, showing the ownership of all adjacent property and the existence of any 100-year floodplains;

      (3)   A detailed site plan showing the existing and proposed drainage on and adjacent to the proposed site, plans for ingress and egress, internal access ways, existing and proposed buildings, structures, parking and landscape waste storage areas on the site, the location of all buildings within 500 feet of the proposed site boundary, the location of all wells within 500 feet of the proposed site boundary;

      (4)   Written plans for dust and odor control, fire protection and emergency response plan, a statement as to the depth of and the planned methods to be used to ensure that compost and/or leachate does not penetrate the water table, and the plans for collection and treatment of the leachate;

      (5)   A statement as to the landscape waste intended to be accepted, methods of handling, machinery and equipment requirements, materials anticipated to be produced at the site, handling and disposal plans for non-compostable landscape waste, site security, lighting and procedures for drop-off control;

      (6)   A list of all permits that have previously been issued on the site; and

      (7)   The intended hours of operation.

   (B)   Landscape waste composting facilities shall comply with the following rules and standards.

      (1)   Landscape waste composting facilities shall be located on a site containing at least ten acres.

      (2)   Landscape waste composting facilities shall be located outside the 100-year floodplain.

      (3)   Landscape waste composting facilities shall be prohibited from accepting, collecting, storing, or in any way placing on the site any municipal solid waste, garbage, junk, unlicensed and/or inoperative vehicles, building demolition waste or other debris.

      (4)   Landscape waste composting facilities shall be located no closer than 500 feet to any residential district, whether the district is under the jurisdiction of the county or a municipality having in effect its own zoning ordinance, 660 feet from a building used and intended to be used for residential purposes, 200 feet from any property line, and 500 feet from any potable water well.

      (5)   The open burning of landscape waste shall be prohibited on the site.

      (6)   All operators of landscape waste composting facilities shall make semiannual reports upon the total tons of landscape waste accepted and total tons of landscape waste marketed during the previous six months. This semi-annual report is due on July 15 and January 15 for the period covering the previous six months. This report shall be submitted to and shall be in the form prescribed by the Administrator.

(Prior Code, § 152.092) (Ord. passed 3-9-1976; Ord. passed 7-13-1995; Ord. passed 6-20-2024) Penalty, see § 155.999

NON-CONFORMING USES AND STRUCTURES

§ 155.110 EXISTING NON-CONFORMING LAND OR BUILDING.

   The lawful use of any land or building existing at the time of the adoption of this chapter may be continued, even if it does not conform to the regulations of this chapter, except as provided in this subchapter.

(Prior Code, § 152.105) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)

§ 155.111 NON-CONFORMING BUILDINGS.

   (A)   Alterations. A non-conforming building or structure shall not be reconstructed or altered to an extent exceeding its assessed valuation for real estate tax purposes, unless the building or structure is changed to conform with the regulations of this chapter.

   (B)   Enlargement. A non-conforming building or structure shall not be added to or enlarged in any manner unless the additions or enlargements are made so as to bring the building or structure into conformity with the regulations of this chapter.

   (C)   Restoration. A non-conforming building or structure which is damaged by fire or other cause to the extent of more than 50% of its assessed value shall not be restored, except in conformity with the regulations of this chapter.

   (D)   Abandonment. A non-conforming use of a building which has been discontinued for a period of 30 days shall not be re-established and any future use shall be in conformity with the regulations of this chapter.

   (E)   Extension. A non-conforming use of a building may be extended throughout the building; provided, no structural alterations are made therein.

   (F)   Relocation. A non-conforming building shall not be moved to any other part of the parcel of land upon which it is located unless every portion of the building is made to conform to all requirements of the district in which it is located.

   (G)   Use change.

      (1)   If no structural alterations are made, a non-conforming use of the building may be changed to another non-conforming use of the same or of a more restricted classification.

      (2)   Whenever a non-conforming use had been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use.

   (H)   Placement. A manufactured or mobile home may be placed; provided that, the replacement home is moved onto the property and is located on its pad within five days (120 hours) of the removal of the original home and that the home being moved onto the property is not more than five years old at the time of replacement.

(Prior Code, § 152.106) (Ord. passed 3-9-1976; Ord. passed 6-11-1992; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.112 NON-CONFORMING USE OF LAND.

   (A)   Expansion. A non-conforming use of land shall not be expanded or extended beyond the area it occupies.

   (B)   Relocation. A non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of passage of this chapter, except by expressed authority of the County Board or its designated authority.

   (C)   Discontinuance. If a non-conforming use of land is discontinued for a period of 30 days, it shall not be re-established and any future use shall be in conformity with the regulations of this chapter.

(Prior Code, § 152.107) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.113 EXCEPTIONS.

   (A)   Single-family and two-family residences established at the time of adoption of this chapter in non-residential districts are exempt from this section.

   (B)   These residences may be expanded and accessory structures may be permitted; provided, all other requirements are met.

(Prior Code, § 152.108) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)

ADMINISTRATION AND ENFORCEMENT

§ 155.125 ZONING ADMINISTRATOR.

   (A)   The Chairperson of the County Board may appoint an Administrator, but the appointment shall require the approval of the majority of the members of the County Board.

   (B)   The specific duties of the Administrator shall include:

      (1)   Providing zoning information upon request;

      (2)   Receiving applications for building and occupancy permits, reviewing the applications to determine if they comply with ordinance provisions, and issuing or denying permits;

      (3)   Receiving applications for special use permits, variances, amendments and appeals, referring the applications to the appropriate public body, notifying affected property owners of the required public hearings and publishing notice of the hearings;

      (4)   Conducting inspections;

      (5)   Investigating violations; and

      (6)   Keeping the zoning map and text up to date.

   (C)   The Administrator shall maintain on file the following documents:

      (1)   Copies of variation application papers and variation decisions as they pertain to special flood hazard areas;

      (2)   Copies of elevation or floodproofing certificates and other documents necessary to ensure that a project is constructed in compliance with a variation resolution;

      (3)   Copies of annual reports and other correspondence with the Federal Emergency Management Agency;

      (4)   All records pertaining to the lowest floor elevation; and

      (5)   Issue all permits for development as defined in this chapter in any special flood hazard area after all other federal and state permits have been received by the applicant and presented to the Administrator.

(Prior Code, § 152.120) (Ord. passed 3-9-1976; Ord. passed 9-14-1989; Ord. passed 6-20-2024)