(a) Areas for Wellfield Protection. This chapter shall apply to all lands within the jurisdiction of the City and shown on the Official Zoning Map within the boundaries of the Wellfield Protection Overlay District. The areas of Wellfield Protection are based on a scientific and engineering report titled "Wellhead Protection Plan for the City of Miamisburg" prepared by an environmental consultant. This document has been endorsed by the Ohio Environmental Protection Agency as meeting requirements for Wellhead Protection as established by the State of Ohio Wellhead Protection Program, adopted in 1992. This report, along with all figures and maps, dated December 1993, and any revisions thereto, are hereby adopted by reference and declared to be a part of this Zoning Code. The Wellfield Protection Plan is on file at 10 N. First St., Miamisburg, Ohio.
(b) Rules for Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under State statutes.
(c) Overlay District Designation.
(1) The areas of groundwater protection identified on the Official Zoning Map shall be shown as an overlay district. This overlay district shall be designated as a Wellfield Protection Overlay (WF-1) District. The overlay WF-1 District shall be superimposed over the Official Zoning Map. The underlying zoning district, as shown on the Official Zoning Map, shall hereafter be called the base district.
(2) Uses and minimum requirements shall be determined by the base district. However, if the provisions governing the overlay district are stricter than those of the base district, the provisions of this chapter shall supersede those of the base district.
(d) District Boundary Changes. The delineation of the WF-1 District may be amended where natural or man-made changes have occurred, and/or where more detailed studies have been conducted or undertaken by a Federal, State, local, City, or other qualified agency, or where individual documents support such changes, subject to the provisions of Section 1238.02.
(e) Warning and Disclaimer of Liability. The WF-1 District established in this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside the WF-1 District boundaries are not sensitive to groundwater contamination. This chapter shall not create liability on the part of the City or any officer or employee thereof for any water supply contamination that results from reliance on this chapter or any administrative decision lawfully made thereunder.
(f) Compliance. Upon adoption of this chapter, no lawful use regulated by this chapter shall be enlarged, increased, nor extended without full compliance by this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter.
(g) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail.
(Ord. 5412. Passed 4-4-00.)