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1175.05 VIBRATIONS.
   Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.
1175.06 GLARE.
   Any operation producing intense light or heat, including high temperature processes such as combustion or welding shall not be visible beyond any lot, shall be baffled, shielded or positioned as to extend glare away from adjacent properties or right-of-way). Furthermore, no activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Zoning Administrator.
1175.07 ODOR.
   The emission of noxious odors beyond the lot line shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
1175.08 AIR AND WATER POLLUTANTS.
   The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter. Best Management Practices (BMP) shall be maintained during all construction process.
1175.09 HAZARDOUS MATERIALS.
   The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
1175.10 ELECTRICAL DISTURBANCES.
   No activity will be permitted which emits electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance and, shall comply with all applicable FCC regulations and standards.
1175.11 PROTECTION OF GROUNDWATER.
   The following standards shall apply to the protection of groundwater.
   (a)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   AQUIFER RECHARGE AREA is the areal presentation of “hydrologic setting 7-D” together with any "gravel pit/quarry," as defined upon any Groundwater Pollution Potential Map (generated using the DRASTIC process) for Hamilton and/or Clermont and/or Warren Counties or portions thereof.
      (2)   ASBESTOS means a group of naturally occurring minerals that separate into fibers of high tensile strength, are resistant to heat, water and chemicals, including; but not limited to chrysotile, crocidolite, actinolite, and anthophylite and their related asbestiform materials.
      (3)    CONSTRUCTION/DEMOLITION WASTE means materials discarded during the alteration, construction, destruction, rehabilitation or repair of any manmade structure or improvement, which such materials include, by way of illustration and not limitation, glass, wallboard, framing and/or finishing lumber, roofing materials, plumbing fixtures, wiring and insulation. However, materials such as concrete, asphalt, building, or paving brick or building or paving stone shall not be considered “construction/demolition waste.”
      (4)    DISPOSE or DISPOSING means discharging, depositing, dumping, spilling, leaking, or placing of any waste material into or upon land or ground or surface water except for such dispositions or placements constituting "storage."
      (5)    FILL or FILLING as a verb means placing any waste material into or upon the ground, except for such disposition or placements constituting "storage."
      (6)   FLYASH means fine particles of ash of a solid fuel carried out of the flue of a furnace with the waste gases produced during combustion.
      (7)    HAZARDOUS WASTE means any waste or combination of wastes in solid, liquid, semisolid, or contained gaseous form, which because of its quantity, concentration, or physical or chemical characteristics, may:
         A.   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
         B.   Pose a substantial present of potential hazard to human health or safety or to the environment when improperly stored, treated, transported, disposed of, or otherwise managed.
   HAZARDOUS WASTE herein includes any substance identified by federal or state law or regulation as "hazardous waste."
      (8)   INFECTIOUS/MEDICAL WASTE includes, but is not limited to all of the following substances or categories of substances as may be further defined by the Ohio Revised Code:
         A.   Cultures and stocks of infectious agents and associated biologicals; or
         B.   Laboratory waste; or      
         C.   Pathological waste; or
         D.   Waste material from the rooms of humans, or the enclosures of animals; or
         E.   Human and animal blood specimens and blood products; or
         F.   Contaminated carcasses, body parts, and the bedding of animals; or
         G.   Sharp waste used in the treatment or inoculation of human beings or animals; or
         H.   Waste from patients isolated with highly communicable diseases.
      (9)   MATERIALS FROM MINING OPERATIONS means materials, other than sand and gravel, which are from, or which are a byproduct of, material extracted from "mines," as defined in the Ohio Revised Code.
      (10)   NUCLEAR WASTE means discarded radioactive material, whether solid, liquid or gaseous, which emits ionizing or nonionizing radiation spontaneously, including accelerator-produced and naturally occurring materials, or any waste which contains materials in concentrations which exceed federal or state safety limits for such materials.
      (11)   PERSON means any political entity or subdivision or any public or private corporation, individual, partnership, association, organization or other entity held to be a "person" by the courts of the State of Ohio.
      (12)    SITE means one or more parcels of real property which are owned by the same person and which are contiguous to each other. Such parcels are deemed to be contiguous even when bisected by a public or private right-of-way, or when located across a public or private right-of-way from one another and when they have a common frontage or otherwise abut the same public or private right-of-way.
      (13)    SLAG means the more or less completely fused and vitrified matter separated during the reduction of a metal from its ore, commonly called "cinder."
      (14)    SOLID WASTE means discarded solid or semisolid waste material as results from industrial, commercial, agricultural, and community operations, and includes, but is not limited to, garbage, tires, combustible and noncombustible material, street dirt and street debris.
      (15)   SPENT TOXIC OR NONTOXIC FOUNDRY SAND means any material that has been used for producing castings in molten metal and as a result of contamination can no longer serve the purpose for which it was produced without reprocessing.
      (16)    STORAGE means the holding of a material for a temporary period in such a manner that it remains retrievable and substantially unchanged physically and chemically, with the intention that at the end of such period, such material is to be treated, disposed of off site, stored elsewhere, consumed, reused, recycled or reclaimed in a beneficial manner.
   (b)   Prohibitions Within Groundwater Protection. The following shall regulate groundwater protection:
      (1)   Within the boundaries of the Groundwater Protection District as the same is depicted on the zoning map of the City, no person shall dispose of or fill, or cause or allow the disposal or filling of, any of the following materials in, under or upon any real property:
         A.   Materials from mining operations;
         B.   Toxic or nontoxic flyash;
         C.   Spent toxic or nontoxic foundry sand;
         D.   Slag;
         E.   Asbestos or asbestos-containing materials; or
         F.   Construction/demolition, hazardous, infectious/medical, nuclear or solid waste.
      (2)   The Groundwater Protection District's boundary shall at a minimum include the boundaries of a sole source aquifer designated by the Administrator of the U.S. Environmental Protection Agency under the Safe Water Drinking Act of 1974, the 100 year flood plain of a water course as those boundaries are depicted upon any official applicable maps or plats prepared pursuant to the National Flood Insurance Act of 1968 and the Aquifer Recharge Area as defined in subsection (a) hereof.
   (c)   Certain Materials Allowed by Permit. Within the boundaries of the Groundwater Protection District as the same is depicted on the zoning map of the City, no person shall dispose of or fill, or cause or allow the disposal or filling of, concrete and concrete products, asphalt and asphalt products, building or paving brick building or paving stone, or tree debris, except upon the site which generated same, without first obtaining a written permit in accordance with subsection (d) hereof.
   (d)   Permit Process and Appeals.
      (1)   The process of issuing a permit pursuant to subsection (c) hereof shall be undertaken by the City Administration. City Administration shall establish, subject to Council's approval, permitting procedures, fees and forms. Applications for permits shall be issued by the City Manager or the City Manager's designee.
      (2)   Appeals from decisions to deny a permit shall be taken to the Board of Zoning Appeals pursuant to the process outlined in Section 1111.12.
   (e)   Penalties. Any person convicted of a violation of this section shall be guilty of a second degree misdemeanor. Each day or violation shall be a separate offense.
   (f)   Regulation of Disposal and Fill. In order to regulate disposal and fill, all provisions of this section are hereby extended to those areas within the municipal corporation limits of the City which lie outside of the Groundwater Protection District boundary.
1175.12 STEEP SLOPE REGULATIONS.
PURPOSE: The City of Loveland has areas of steep topography, which are scenic features that increase the potential for erosion hazards. Protection of naturally vegetated slopes from erosion is also critical to protection of water quality and the riparian areas. If erosion is not controlled, property will also be threatened with loss of structures. All developments shall comply with Loveland’s Storm Water Regulations.
PERMITTED USES:
Permitted uses shall be those of the applicable zoning district(s).
CONDITIONALLY PERMIITED USES:
Conditionally permitted uses shall be those of the applicable zoning district(s).
Conditions For Building On Steep Slopes
   A.   All activity on steep slopes requires a conditional use permit to preserve the integrity of natural drainage systems, to maintain soil stability, to avoid property damage from erosion and to protect the health and safety of residents. Additional development standards and review procedures apply to construction and development activity on steep slopes.
      (1.)   Steep Slopes. Steep slopes are defined specifically as any cutting, filling, grading, or other construction activities otherwise allowed, that would be constructed or located in any area of a site where in that area the greatest amount of slope over any one hundred foot (100’) horizontal distance is greater than eighteen percent (18%). Steep slopes are classified as a conditional use in accordance with the requirements of Section 1111.06.
Prior to granting formal zoning approval, existing natural topography shall not be altered through earthwork or any kind, including but not limited to clearing, grubbing, cutting and/or filling.
   B.   Open space residential subdivisions and conventional residential subdivision design shall not establish or otherwise create new residential lots where the greatest amount of slope over any one hundred foot (100’) horizontal distance (exclusive of any portion of a lot that is within any required front, side or rear yard setback) is greater than thirty percent 30% as shown in Illustration A. Existing natural topography may not undergo earthwork or any type of cutting and filling to alter topographical site conditions prior to granting formal zoning approval.
 
Illustration A
 
 
 
   C.   Open space residential subdivisions and conventional residential subdivisions shall demonstrate sensitivity to natural systems and ecological features. To the greatest extent possible, new roadways shall follow natural contours and care should be taken to include areas of highest environmental significance as part of the non-building areas of each lot and/or subdivision.
   D.   Evidence that structural issues related to development on steep slopes have been addressed by the applicant shall be provided. This evidence shall include presenting foundation plans approved and stamped by a Professional Engineer (P.E.).
   E.   The construction of retaining walls are to be utilized only with the approval of the City Engineer and is demonstrated to be absolutely necessary. Finished grades in disturbed areas shall not exceed a three to one slope. The visual impact of retaining walls shall be minimized with vegetated plantings that soften edges and create visual interest.
   F.   Evidence that adequate measures will be taken to prevent erosion and sedimentation during and after construction shall be provided by the applicant. In areas with very steep slopes, or for areas very close to a waterway, the Planning & Zoning Commission may require the preparation of a Storm Water Pollution Prevention Plan (SWPPP) for any type of construction in accordance with Loveland’s Storm Water and Subdivision Regulations.
   G.   Evidence that ecological issues are addressed shall be provided by the applicant. For areas that are shown as having a high ecological value, the Planning & Zoning Commission may require the applicant to present plans for vegetation preservation and tree planting/replanting and documentation from a qualified professional, that the proposed development will not substantially harm downstream water quality, habitats of state or federally protected species or impact other ecological considerations. Such documentation should also address long-term impacts and cumulative effects of development.