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(A) Zones. The flood plain shall be divided into two zones as follows:
(1) Restricted zone. The floodway necessary to preserve the natural capacity of the channel for flood water.
(2) Limited zone. The low-lying area on each side of the restricted zone where flooding is of sufficient frequency to require proofing of structures against flood loss.
(B) Zone boundaries. Zone boundaries shall be determined by the designated engineering personnel of the municipality and based upon the State of Ohio Department of Natural Resources publication, Floods at Columbus, Ohio, 1959, and other appropriate information.
(C) Change of zone boundary. The zone boundaries shall only be decreased subject to the provision of flood control or protection works and a finding by the designated engineering personnel of the municipality that such control or protection is adequate to prevent flooding of the land being removed from regulation under this section.
(D) Development standards. In addition to the provisions of the established zoning district, the following standards for arrangement and development of land and buildings are required under this section.
(1) Restricted zone. Within the restricted zone, the use and development of land shall be conducted in such a manner as not to fill the specified channel or to otherwise restrict the flow of flood waters and shall be subject to the approval of the designated engineering personnel of the municipality.
(2) Limited zone. Within the limited zone, the use shall be so developed as to proof the use or structure against flood damage by elevating above the prescribed level or other appropriate means and shall be subject to approval by the designated engineering personnel of the municipality.
('80 Code, § 1185.02) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
(A) Permitted use. Land and structures governed by this section shall be used only for the following purposes in addition to permitted uses of the zoning district in which the land is located.
(1) Extraction.
(a) Dimension stone
(b) Crushed and broken stone, including riprap
(c) Sand and gravel
(2) Processing. The temporary erection and operation of plants and equipment necessary for crushing, polishing, dressing or otherwise physically or chemically processing the material extracted on the site including:
(a) Concrete brick and block
(b) Concrete products, except block and brick
(c) Ready-mixed concrete
(1) Intensity of use. There is no minimum lot area required; however, the lot shall be adequate to provide the yard space required by the following development standards and meet the requirements of § 153.071;
(a) For excavation, quarrying and permitted processing, all equipment used shall be constructed, maintained and operated in such a manner as to eliminate, as far as practicable, noise, vibration or dust which would injure or annoy persons living or working in the vicinity.
(b) Accessways or roads within the premises shall be maintained in a dust-free condition through surfacing or such other treatment as may be necessary.
(c) No excavation shall be made from the banks or beds of the Scioto River or any other stream or waterway designated as necessary to the Flood Control Program of Franklin County and no quarrying shall be permitted closer than 200 feet of either bank of the above-named river and creeks except by a finding of designated engineering personnel of the municipality which shall show that such excavation or quarrying shall not impair the lateral support needed for permanent stream levees.
(d) All excavations shall be made either to a depth of five feet below a water-producing level, or graded, or back-filled with non-noxious and noninflammable solids to assure that the excavated area will not collect and retain stagnant water, or that the graded or back-filled surface will create a gently rolling topography to minimize erosion by wind or rain and substantially conform with the contour of the surrounding area.
(e) Whenever the floor of a quarry is five feet or more below the grade of adjacent land, the property containing the quarry shall be completely enclosed by a barrier either consisting of a mound of earth not less than six feet high located at least 25 feet from any street right-of-way and planted with a double row of multiflora rose bushes, other approved landscaping or shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of six feet in height along the property line. Such barriers may be excluded where deemed unnecessary by the designated engineering personnel of the municipality because of the presence of a lake, stream or other existing natural barrier.
(2) Yard requirements. An excavation shall be located 100 feet or more and back-filled to 150 feet from a street right-of-way line; quarrying operations shall be located 50 feet or more from a street right-of-way line. With approval by the designated engineering personnel of the municipality, such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the established street grade. Excavation or quarrying shall be no closer than 50 feet to a property boundary line, except with the written consent of the adjacent property owner. Plants or equipment for processing of extracted materials or other approved ancillary operations shall not be located nearer than 600 feet to the boundary of the land placed under the provisions of this section.
(C) Rehabilitation plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by Council.
(1) Generally. All such rehabilitation plans shall include the following:
(a) A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.
(b) Existing and proposed drainage of the area.
(c) Details of regrading and revegetation of the site during and at conclusion of the operation.
(2) Required rehabilitation. The following requirements shall be met in the rehabilitation plan:
(a) The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two feet horizontal to one foot vertical. This slope shall be maintained 20 feet beyond the water line if such exists.
(b) Spoil banks shall be graded to a level suiting the existing terrain.
(c) All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses, and maintained until the soil is stabilized and approved by the County Engineer.
(d) When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
(e) All equipment and structures shall be removed within three months of the completion of the extraction of materials.
('80 Code, § 1185.03) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
(A) Permitted use. Land and structures governed by this section shall be used only for the following purposes in addition to permitted uses of the zoning district in which the land is located.
(1) Extraction.
(a) 1481 Crude petroleum
(b) 1481 Natural gas
(c) 1482 Natural gas liquids
(d) 1483 Oil and gas field services
(2) Temporary equipment and structures. The temporary erection of structure and equipment necessary for the drilling and production of oil or gas on the site.
(1) Spacing of wells. No permit shall be issued to drill, deepen, reopen or plug a well for the production of oil or gas unless the proposed well is located:
(a) Upon a tract or drilling unit containing not less than ten acres;
(b) Not less than 460 feet from any well drilling to, producing from or capable of producing from the same pool;
(c) Not less than 230 feet from a boundary of the subject tract or drilling unit.
(2) Access and egress. Prior to commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaced by clean, crushed rock, gravel or decomposed granite, or oiled and maintained to prevent dust and mud.
(3) Derricks. All derricks and masts hereafter erected for drilling or redrilling shall be at least equivalent to the American Petroleum Institute Standards 4A, 14th Edition and 4D, 3rd Edition.
(4) Signs and fencing. A sign having a surface area of not less than two square feet and no more than six square feet bearing the current name and number of the well and the name or insignia of the operator shall be displayed at all times from the commencement of drilling operations until the well is abandoned. All oil well production equipment having external moving parts hazardous to life or limb shall be attended 24 hours per day or be enclosed by a steel chain link type fence not less than six feet in height and in addition having not less than three strands of barbed wire sloping outward at approximately a 45 degree angle and for 18 inches from the top of the fence. There shall be no aperture below such fence greater than four inches. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended by a watchman or serviceman.
(5) Lighting, delivery and power.
(a) All lights shall be directed or shielded so as to confine direct rays to the drill site.
(b) The delivery or removal of equipment or material from the drill site shall be limited to the hours between 7:00 a.m. and 7:00 p.m., except in case of emergency.
(c) All power sources shall be electric motors or muffled internal combustion engines.
(6) Storage of equipment. There shall be no storage of material, equipment, machinery or vehicle which is not for immediate use or servicing on an installation on the drill site. Storage tanks shall be located on the drill site and storage tank capacity at the drill site shall not exceed a total aggregate of 2,000 barrels exclusive of processing equipment.
(7) Flammable waste gases. Flammable waste gases or vapors escaping from a production drill site shall be burned or controlled to prevent hazardous concentration reaching sources of ignition or otherwise endangering the area.
(C) Rehabilitation plan. Drilling and production shall be permitted only from areas for which there is a rehabilitation plan approved by Council.
(1) Rehabilitation plan. All such rehabilitation plans shall include the following:
(a) Redevelopment plan showing existing and proposed site and all facilities pertinent thereto. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale.
(b) Details of regrading and revegetation of the site during and at conclusion of the operation.
(2) Required rehabilitation. The following requirements shall be met in the rehabilitation plan:
(a) Upon cessation of drilling and beginning of production, the well shall be serviced only with a portable derrick when required.
(b) All concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of six feet below grade, unless part of a multi-well cellar then being used in connection with any other well for which a permit has been issued.
(c) All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site.
(d) Adequate landscaping of the drilling site shall be required with screen planting around visible equipment and tanks, ground cover on other portions of site and maintenance of all equipment and premises in a good and painted condition.
(e) All drilling equipment and the derrick shall be removed from the premises within 60 days following the completion, abandonment or desertion of any well.
('80 Code, § 1185.04) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
(A) Special uses. The following listed uses shall be subject to these exceptional use district regulations, except as they may be permitted by other provisions of the zoning ordinance.
(1) Transportation. Airport or flying field, transportation terminals, depots or other transportation facilities not exempt from regulation.
(2) Recreation and amusement. Amusement center, amusement park, skating rink, miniature golf, swimming pool, drive-in theater or similar facility. Athletic field, stadium, race track or similar sports facility not otherwise allowed by the provisions of the zoning ordinance. 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. Resort establishment, park, camping or boating facilities, picnic grounds or similar recreational facility operated on an admission fee or membership basis. Mechanical or electrically operated amusement devices as defined in § 112.15 may be operated in connection with the recreation and amusement uses listed herein subject to the provisions of §§ 112.15 et seq.
(3) Social and cultural institution. Cemetery or crematory not otherwise allowed by the provisions of the zoning ordinance. Hospital, sanitorium, convalescent home, rest home or home for children or the aged not otherwise allowed by the provisions of the Zoning Ordinance. Private school or college including those with students or faculty in residence, not otherwise allowed by the provisions of the zoning ordinance.
(4) Other uses not provided for. Other legal uses of unique or exceptional requirements or circumstances that are otherwise not permitted by the zoning ordinance.
(B) Procedure. The following procedure shall be followed in placing land in the Exceptional Use District.
(1) Development plan. Three copies of a development plan shall be submitted with the application for amendment of the zoning district map and such plan shall include in text or map form:
(a) The proposed location and size of areas of use, indicating size, location and type of structure.
(b) The proposed location, size and use of all open areas landscaped and other open space with suggested ownership of such areas.
(c) The proposed provision of water, sanitary sewer and surface drainage facilities including engineering feasibility or other evidence of reasonableness.
(d) The proposed circulation pattern including streets, both public and private, parking areas, walks and other access ways including their relation to topography, existing streets and other evidence of reasonableness.
(e) The proposed schedule of site development and construction of buildings and associated facilities including sketches or other documentation indicating design principles or concepts for site development, buildings, 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.
(f) The relationship of the proposed development to the existing and future land use in the surrounding area, the street system, community facilities and services and other public improvements.
(g) 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.
(2) Basis of approval. The basis of approval for the Exceptional Use District shall be:
(a) That the proposed development is consistent in all respects to the purpose, intent and applicable standards of the zoning ordinance;
(b) That the proposed development is in conformity with a comprehensive plan or a portion thereof as it may apply;
(c) That the proposed development advances the general welfare of the municipality and that the benefits to be derived from the proposed use justifies the change in the land use character of the area.
(3) Effect of approval. The development plan as approved by Council shall constitute an amendment of the zoning district map and a supplement to the Exceptional Use District regulations as they apply to the land included in the approved amendment. The approval shall be for a period of three years to allow the preparation of the subdivision plat, submitted in accordance with the subdivision regulations if required; or if no plat is required for the completion of plans for application for a certificate of zoning compliance. If the plat is not submitted and filed nor such certificate applied for and used within the three-year period, the approval shall become voided and the land shall revert to its last previous zoning district, except if an application for time extension is submitted and approved in accordance with division (4) below.
(4) Extension of time or modification. An extension of the time limit or the modification of the approved development plan may be approved by Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the original 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.
(C) Development standards. The provisions of §§ 153.070 through 153.076 shall pertain to the Exceptional Use District. Because of the unique nature and requirements of these uses, and because their locations cannot be readily predetermined, appropriate development standards cannot be set forth, but full usage of development standards, requirements and other provisions of the zoning ordinance as they may be appropriate, shall be used.
('80 Code, § 1185.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 112-95, passed 2-19-97) Penalty, see § 153.999
LANDSCAPING
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