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(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
The intent of this subchapter is to improve the appearance of vehicular use areas and property abutting public rights of way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature and artificial light glare.
(Ord. 21-70, passed 7-13-70; Am. Ord. 46-97, passed 5-5-97)
It is further the purpose of this subchapter to specifically promote the preservation and replacement of trees and significant vegetation removed in the course of land development, and to promote the proper utilization of landscaping between certain land uses to minimize the opportunities of nuisances.
(Ord. 21-70, passed 7-13-70; Am. Ord. 46-97, passed 5-5-97)
(A) New sites. No certificate of zoning compliance or building permit shall be issued hereafter for any site development or the construction or improvement of any building, structure or vehicular use area except where landscaping for such development, construction has been approved as required by the provisions of this subchapter. Single-family uses shall be required to install street trees per § 153.134, screen service structures per §§ 153.133(c) and 153.077, and preserve existing vegetation per § 153.133(d)(1) and (2).
(Ord. 21-70, passed 7-13-70)
(B) Existing sites. No building, structure, or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this subchapter is provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the entire site must be brought into compliance with the minimum requirements of this subchapter. An alteration or expansion to an existing property is substantial when:
(1) In the case of a building or structure expansion which does not involve additional land, the square footage of the alteration or expansion exceeds 25% of the square footage of the existing building exclusive of the alteration or expansion, and
(2) In the case of an alteration or expansion involving both an existing building or structure and additional land, and, if applicable, additional structures or buildings, the area or square footage of the expanded or altered land or structure or building, respectively, exceeds 25% of the area or square footage of the existing land or structure or building respectively, exclusive of the alteration or expansion.
(3) "Land," as used herein, includes land used for space, parking or building purposes.
(Ord. 38-82, passed 7-19-82)
(Ord. 46-97, passed 5-5-97)
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