(a) Special Use Requirements. Special uses, as enumerated in Chapter 1135, shall be permitted only upon authorization by the Zoning Board of Appeals, provided that such uses shall be found by the Zoning Board of Appeals to comply with the following requirements and other applicable requirements as set forth in this Zoning Ordinance.
(2) The use is so designated, located and proposed to be operated that the public health, safety, welfare and convenience shall be protected.
(3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(4) Adequate landscaping and screening is provided as required herein.
(5) Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
(6) The use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large scale development.
(b) Additional Standards for Certain Special Uses. A special use shall conform in all respects to all the regulations of this Zoning Ordinance and particularly to those regulations in Chapter 1135 and 1137 for the Zone District in which the special use is located, except that the following additional regulations shall apply to the following special uses:
(1) Riding academies, public stables and kennels. Minimum distance from the street line to any building shall be 125 feet. Minimum distance from any side or rear lot line to any building shall be 250 feet. No storage of manure, or odor or dust producing substance, or any use producing odor or dust shall be permitted within 250 feet of any residence, shore line of a lake, pond, river or stream. Adequate off-street parking shall be provided.
(2) Natural production uses. Natural production uses include quarry, sand and gravel pits, topsoil removal and major excavating, grading or filling where permitted in this Zoning Ordinance and shall be subject to the following conditions:
A. Extractive Operations. Extractive operations shall not be conducted closer than 200 feet to the adjacent property. The front setback of 100 feet shall apply from the existing right of way in accordance with Chapter 1135. A location map which shows land to be quarried or mined and the location of adjacent properties, roads and natural features shall be filed with the Zoning Board of Appeals. A plan for the restoration of the land, including anticipated future use of the restored land, the proposed final topography indicated by the contour lines of no greater interval than five feet, steps which will be taken conserve the topsoil and the location of future roads, drainage courses, or other improvements contemplated shall be submitted to the Zoning Board of Appeals for approval.
(Ord. 83-12. Passed 9-17-12.)
B. Approval. Upon approval of the plan the Zoning Board of Appeals shall issue a Use Permit for a period of two years. Application for renewal of the permit shall be made to the Board. The Board shall extend the permit from year to year if it finds that restoration of the landscape is proceeding at a pace commensurate with the earth removal operations.
C. Operation. In the operation of any quarry, sand, topsoil or gravel pit the following shall be observed:
1. No excavation, blasting or stock piling of materials shall be located within 300 feet of any public road or other property line.
2. No power activated sorting machinery shall be located within 600 feet of any public road or other property line and all such machinery shall be equipped with satisfactory dust eliminating devices.
3. All excavation slopes in excess of fifty percent (50%) shall be adequately fenced as determined by the Zoning Administrator.
4. Extension of a nonconforming quarry operation shall not be permitted.
5. Major excavating, grading or filling as herein defined shall not be permitted except with the approval of the Zoning Board of Appeals.
(3) Automobile service stations. Automobile service stations where permitted in this Zoning Ordinance shall be subject to the following conditions:
A. Location of Exits and Entrances. No automobile service station or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet as measured along the public street in which there exists a school, public playground, church, chapel, convent, hospital or public library and such access shall not be closer to any intersection than thirty feet.
B. Location of Oil Drainage Pits and Hydraulic Lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than fifty feet to any property line.
C. Gasoline Pumps. Automobile service stations shall have their gasoline pumps, including other service facilities, set back at least thirty feet from any street line. (Ord. 90-00. Passed 12-18-00.)
(4) Mobile home and trailer parks. Mobile homes and trailer parks where permitted by this Zoning Ordinance shall be subject to the following conditions:
A. Location. Mobile homes shall not be permitted in the Village except in mobile home parks or house trailer parks.
B. Park Size. Minimum acreage for mobile homes and trailer parks is twenty acres.
C. Lot Size. Each mobile home lot shall have a minimum lot size of 6,000 square feet per unit and have a minimum of fifty feet of road frontage and a minimum depth of 120 feet and only one mobile home permitted on one lot.
D. Setback Line. There shall be a minimum of twenty feet set back from the right of way of the road or street.
E. Side Yard Clearance. There shall be a minimum side yard clearance of ten feet with a clearance of twenty feet of open space between mobile homes/trailers at the sides and at the rear.
F. Rear Lot Area. There shall be a minimum of ten feet rear lot area and a minimum of twenty feet open space between mobile homes or trailers.
G. Anchors. Each mobile home or trailer lot shall be provided with anchors and tie-down such as cast-in-place concrete "dead men" eyelets imbedded in the concrete runways, screw augers, arrowhead anchors, or other devices for securing the stability of the mobile home or trailer.
H. Skirting. Each mobile home or trailer shall be skirted, entirely closing the bottom section, within ninety days after its placement.
I. Traffic Access. All traffic access shall meet minimum standards as set forth in the Village Subdivision Regulations.
J. Parking Areas. Two spaces shall be provided for each mobile home or trailer.
K. Underground Utilities. Within each mobile home or trailer park, all utility lines, including those for electricity and telephone service, shall be located underground.
L. Public Utilities. Adequate public water and sewerage disposal facilities shall be required for all mobile house, home or trailer parks.
M. Service and/or Accessory Buildings. Service and/or accessory buildings may be provided by the management for offices, repair and storage, laundry facilities and indoor recreation areas. No such building shall be located closer than fifty feet from any mobile home or trailer.
N. Accessory Building for Mobile Home or Trailer. An accessory building for a mobile home or trailer in a mobile home park or trailer park shall have the same setback, side yard clearance and rear lot clearance as the mobile home or trailer.
O. Permit for Extreme Hardship.
1. Mobile homes or trailers other than those used during construction of a home or building as set forth in this section, shall be permitted in any district upon the showing of extreme hardship or need on the part of the applicant. The permit shall be issued by the Board of Zoning Appeals only and shall be subject to the following conditions:
a. The permit shall be for a term of six months.
b. An extension for an additional six months may be granted by the Board of Zoning Appeals upon application and upon a showing by the applicant that the hardship continues.
2. The provisions of Section 1175.04(b)(4) shall not apply to the use of temporary trailers, except that any of such provisions may be made a part of the temporary permit issued by the Board of Zoning Appeals if, in the judgment of the Board the provision would be in the best interest of the public health, safety and welfare.
P. Temporary Trailers. Temporary trailers shall be permitted when located at a place approved by the Zoning Administrator while the home or building is under construction, providing, however, that the following conditions are satisfied:
1. The trailer shall be self-contained by having water and sanitary facilities built in.
2. The permit shall be for a six month period.
3. Construction shall be continued on the regular dwelling or building accommodations during the six month period.
4. An extension for an additional six months may be granted within the discretion of the Zoning Administrator.
5. The permit fee for the temporary trailer shall be fifteen dollars ($15.00). See Fees and Deposits as specified in Section 1102.09.
6. The Zoning Administrator may grant a Special Use Permit for the limited purpose of utilizing on a temporary basis a trailer or mobile home during construction, reconstruction or renovation of a residence or building premises needed as a result of damage or destruction due to fire or other natural causes which in the sole and exclusive judgment of the Zoning Administrator is deemed to be an emergency situation provided, that such Special Use Permit shall only be effective until the next regularly scheduled meeting of the Board of Zoning Appeals, at which time issuance of the special use permit must be ratified and approved by the Board of Zoning Appeals. If the Board of Zoning Appeals does not ratify issuance of the Special Use Permit within sixty days of issuance by the Zoning Administrator then it shall automatically expire.
(5) Nursery schools. Nursery schools where permitted in this Zoning Ordinance shall be subject to the following conditions:
Nursery schools (child care centers) located in the R-1, R-2 or R-3 Residential District only shall be located not less than twenty feet from any other lot, provided there is established and maintained in connection therewith, a completely fenced and screened play lot.
(6) Salt water brine injection wells.
A. The drilling of salt water brine injection wells shall not commence until a special use permit shall have been obtained.
B. Such a special use permit shall be issued by the Zoning Administrator, following a public hearing before the Board of Zoning Appeals, and the approval of the issuance of such permit by a majority of the total membership of the Board at a meeting at which a quorum is present. A payment of five hundred dollars ($500.00) shall be made for such permit. See Fees and Deposits as specified in Section 1102.09.
(Ord. 83-12. Passed 9-17-12.)
C. Injection wells may be drilled only on property zoned for industrial use.
D. All injection wells and storage tanks and ponds shall be placed not nearer than 500 feet from the right of way of the highway or street or railroad tracks or subject tract boundary, and not nearer than 250 feet from any residence or public building. The wells, storage tanks, and ponds shall also comply with the rules and regulations of the Ohio and Federal Environmental Protection Agencies and the Division of Oil and Gas of the Ohio Department of Natural Resources, including, but not limited to, minimum acreage requirements and minimum distance requirements from boundaries of tracts, drilling units and other wells.
E. There shall be no surface pipelines leading from, to, or between salt water injection wells. All surface pipelines shall be buried to a depth of eight feet.
F. The property encompassed in the radius area of review of a proposed injection well shall be owned by and in the possession of the individual or firm which proposes to drill and operate the injection well; and shall be totally within an area zoned Industrial.
G. Wells shall be drilled such that injection shall be into or below the Newburgh Zone.
H. All roadways to the well and brine storage tanks or ponds shall be slagged, graveled, or paved with asphalt or concrete in a satisfactory manner.
I. Any damage done to Village roadways in the course of drilling and operation shall be repaired, or payment shall be made to the Village for all expenses incurred by the Village in making the necessary repairs.
J. If Village roads or streets are traveled in the course of drilling or operation a salt brine injection well, a bond in the minimum amount of fifteen thousand dollars ($15,000), shall be made payable to the Village. The amount of the bond required may be set at a higher figure, based on the miles of roads to be traveled within the Village and the condition of the roadways, as decided by the Street Superintendent.
K. All equipment to be free of mud prior to entering public roads from the well site.
L. No loading or unloading of brine is to be made from public roads; blocking roads is prohibited at all times.
M. Landscaping and cleanup at the completion of drilling operations shall conform to the contour of the land.
N. A gate of sufficient construction so as to prevent unauthorized vehicles on access roadway shall be constructed at a distance of fifty feet from the highway right of way.
O. A concrete pad with drain shall be erected at the injection site to contain spillage during unloading.
P. Settling ponds shall be lined with polyethylene of a minimum thickness of sixty millimeters.
Q. If open tanks or ponds are maintained on a well site, then the site shall be fenced with an eight foot chain link fence. The gate shall be locked when no employees of the owner are on site, and warning signs shall be erected and maintained on the fence.
R. A sign listing the name and phone number to be called in case of emergency shall be located on or near each well.
S. Injection shall be supervised by employees of the owner of the well.
T. Drivers of brine-hauling vehicles shall be employees of the owner of the well.
U. Documentation of loads hauled and gallons injected shall be filed in the Village Zoning Office on a quarterly basis.
V. No liquids or waste matter from any source other than salt water brine from oil and gas operations or standard well treatment fluid shall be injected into brine injection wells.
W. No fires shall be permitted within 100 feet of any well, storage tank or pond.
X. Injection well sites may be inspected, without notice, by the Village Zoning Administrator.
Y. Injection wells shall be plugged and abandoned within sixty days of discontinuance of injection operations, and notice of discontinuation shall be filed in the Village Zoning Office.
Z. Upon transfer of ownership of the well and site property, the Village Zoning Administrator shall receive thirty days notice. Notice of transfer shall include the prospective transferee’s name, address and phone, and shall state a phone number where the prospective owner may be contacted in case of emergency.
AA. The owner of the well shall be held strictly liable for environmental damage resulting from the hauling, storage, disposal or injection of salt water brine to, from, at or into the well.
BB. If substantial environmental damage is caused by the existence, operation, maintenance or injection processes of an injection well, or by spillage or leakage from brine-hauling trucks, the well may be ordered plugged and abandoned by action of Council, with or without a finding of fault on the part of the well owner.
CC. Any violations of subsections (6)A. to W. shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) for each offense. Each day in which a violation exists shall constitute a separate offense.
DD. All requirements of this section shall be continuing in nature and be in full force and effect at all times a brine disposal well is in operation regardless of ownership.
(Ord. 83-12. Passed 9-17-12.)
(7) Prohibition against disposal of oil well residue and brine.
A. No person shall cause or permit petroleum, crude oil, refined oil or a compound, mixture, residue or oil and by-product or filth from an oil well or gas well, oil tank, oil vat, or place a deposit of crude or refined oil, or salt brine from the operation of an oil or gas well, to run into or be poured, emptied, or thrown within the Village except that salt brine may be disposed in approved brine disposal wells. In addition, no person shall be permitted to use any of the aforementioned products or by-products, including salt brine, for dust control within the Village.
B. Whoever violates this subsection shall be guilty of a misdemeanor of the first degree.
(Ord. 83-12. Passed 9-17-12.)