§ 153.476. Special standards applicable to specific conditional uses.

A.

The following conditional uses shall be required to meet specific minimum requirements as listed below.

1.

No conditional uses listed in Section 153.464(H) shall be established within seventy-five feet of a public street. The petition listed shall also present evidence and plans to assure compliance with the article on junk dealers at Section 111.230 et seq.

2.

The conditional use listed in Section 153.464(L) shall be located on a land area of at least seven acres and shall be operated by a private club, lodge, or other nonprofit organization. If liquor is sold on the premises, a land area of at least fifteen acres shall be required.

3.

The conditional uses listed in Section 153.464(M) shall be required to provide twenty off-street parking spaces per auto laundry unit. The regulations for the parking shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

B.

No person shall drill or cause to be drilled a new well for gas, oil, or other hydrocarbon, drill an existing well any deeper, reopen a well or convert a well to any use other than its original purpose, within the corporate limits of the City until all material provisions of this section have been met and a conditional zoning has been granted by Council.

1.

Application for Conditional Zoning.

a.

Any person desiring to drill a well for gas, oil, or other hydrocarbon or to re-enter an abandoned well within the corporate limits of the City shall make application for a conditional zoning. Said application shall be submitted to the Planning Commission, which shall review the application and recommend to Council what action should be taken regarding the application.

b.

Every application shall be in writing, signed by the applicant or by a person authorized to sign on the applicant's behalf, and accompanied by payment of the permit fee of one thousand dollars.

2.

Contents of Application.

a.

The applicant shall submit the information described herein on such forms as the Planning Commission may determine.

b.

Said application shall be submitted to the Planning Commission, which shall review the application and recommend to Council what action should be taken on the application.

c.

The following information shall be included in every application for conditional zoning to drill or re-enter a well for gas, oil, or other hydrocarbon within the corporate limits of the city.

i.

Permit. Each application shall include a complete copy of the valid permit or permits issued by the state for the well or wells to be included in the conditional zoning unless the drilling units include city-owned land and/or street rights-of-way. If the drilling units are on city-owned land or street right-of-way, the required permit shall be submitted to the City prior to drilling. Said copy shall include the plan approved by the state for the disposal and storage of brine and other waste substances resulting, obtained, or produced in connection with exploration, drilling, or production of oil or gas.

ii.

Plot Plan. Each application shall include a plot plan of the property involved in the application. The applicant shall develop the property in accordance with the plot plan. The plot plan shall have thereon:

(a)

. North arrow;

(b)

. Names, addresses, and telephone numbers of record owner of property, applicant, and driller;

(c)

. Lot lines of all abutting properties;

(d)

. Location of all buildings and structures within a radius of four hundred feet of the proposed well site;

(e)

. Location of all wells and well appurtenances, that is, the well head, piping valves, tanks, tank batteries, sales lines, and separators;

(f)

. Location of all access roads to all well sites and tank sites showing width of such roads and such other information as is required below;

(g)

. Circles drawn on the plot plan at radii of one hundred feet, two hundred feet, three hundred feet and four hundred feet from the proposed well site;

(h)

. The names and addresses of the owners of all properties shown on the plot plan, including the well site parcel;

(i)

. Location of all existing streams, ponds, lakes, and other surface water bodies, including wetlands, within four hundred feet of the proposed well site;

(j)

. Locations of all pipelines from the well site or wells to tanks or tank batteries and of all pipelines from tanks to existing or new supply line or lines; and

(k)

. Location of public and private utilities and easements within the lease area.

(l)

. Copies of the Signed Leases From Effected Property Owners. These leases shall identify the location of the well and tank battery. A written statement, signed by the lessee, shall be provided to the lessor which describes the approximate amount of compensation the lessor shall receive as a result of signing the lease agreement. This written statement shall be available upon request by the city.

iii.

Brine Hauler. The application shall include the names, addresses, phone numbers and division registration number of each person who has been or will be contracted to haul brine, salt water or other waste from the well site.

iv.

The application shall indicate that the petitioner has complied with the oil and gas well emergency information of Section 93.62.

v.

The applicant shall submit an affidavit conforming notification of the driller's name, address, and phone number; location of the proposed well and drilling unit boundary to all land owners within four hundred feet of the well head.

3.

Fencing and Landscaping. The petitioner shall submit a restoration and planting plan to the Department of Planning and Urban Development and landowner, and this plan is to be subject to their approval.

4.

Insurance/Liability.

a.

The petitioner shall obtain and keep in full force and effect a combined single limit insurance policy for two million dollars for bodily injury and property damage with the City named as an additional insured thereon. Proof of this insurance shall be filed annually with the Department of Planning and Urban Development.

b.

The petitioner for a gas and/or oil well shall obtain and keep in full force and effect a pollution liability insurance policy in the amount of five million dollars with the City named as an additional insured thereon.

c.

The petitioner shall indemnify the City from all damages, loss, or liability of whatever nature or kind caused by or arising out of the erection of, maintenance, or use of said well.

5.

Drilling Procedures.

a.

The well shall be constructed and operated in accordance with the permits issued by the State Department of Natural Resources, except for any of the conditions herein which are additional or more restrictive.

b.

The petitioner shall notify the Fire Prevention Bureau, the ward councilperson, and the Department of Planning and Urban Development at least ten days prior to the commencement of drilling.

c.

All wells shall be drilled with "mud," a liquid combined with certain solids. A blow-out preventor (BOP) stack shall be required on the well drilled, including a minimum of one pipe ram or hydrill with a subsurface check valve, and the BOP shall be tested at the well site prior to the start of drilling.

d.

Steel holding tanks shall be used to retain all waste substances. These waste substances shall be removed from the well site via tank truck and deposited at state-approved dump sites. The annular disposal of brine on the site shall be prohibited.

e.

When the drilling is completed and the site restored, the Fire Prevention Bureau, Department of Planning and Urban Development, and City Council shall be notified for an inspection.

f.

The reserve pit used to contain the brine, mud cuttings, and other waste material accumulated during the drilling period, shall be filled immediately upon the completion of the drilling.

g.

All liquids from the producing well shall be stored in surface tanks and all liquids shall be removed from the tank by tank trucks. The tank fields shall be diked and the location and cross-section of the dike be pre-approved by the Fire Prevention Bureau. The information prepared for the spill prevention control containment shall be satisfactory.

h.

All well units shall be equipped with charcoal filters.

6.

Access Roads.

a.

All access roads shall be of sufficient width and improved to permit access by emergency vehicles.

b.

All access to the well site shall be limited to the access road.

7.

Tank Battery, Well Head, and Sales Lines.

a.

A tank battery shall be located a minimum of three hundred feet from the closest residence.

b.

A tank battery shall be located a minimum of one hundred feet from lakes, streams, rivers, or other large water bodies.

c.

All tank batteries shall be located a minimum of one hundred feet from public rights-of-way.

d.

All storage tanks and other equipment shall be painted in such shade of dark green as will minimize the visual obtrusiveness of the equipment. The contents of each storage tank or tank battery shall be identified in eight inch high letters on the tank in a color distinct from their background.

e.

Gas burners, which are used to heat the oil in the storage tanks, shall be fueled by a permanently attached steel feed line.

f.

A well head shall be located a minimum of one hundred feet from lakes, streams, rivers, or other large water bodies.

g.

The pump jack shall be electrically powered.

h.

All sales lines from the tank battery shall be permanently marked for their entire length at a maximum interval of two hundred feet between markers.

i.

All equipment to be used at the well and site shall be maintained in good operating condition.

j.

The property owner and operator shall consent to provide unrestricted access to the well head and tank batteries, to the Fire Prevention Bureau, the Department of Planning and Urban Development, and City Council for purposes of inspection until the well is abandoned and the site restored.

8.

Plugging of a Well. All abandoned oil or gas wells must be plugged in the manner prescribed by O.R.C. Chapter 1509, and by this section and shall be done as required by the laws of the state.

9.

Services Fee.

a.

A fee of one thousand dollars shall be paid to the City at the time of conditional zoning application to defray the cost of services included, but not limited to, the following:

i.

Review and inspection by the Fire Prevention Bureau.

ii.

Review of the restoration and planting plan.

b.

An annual fee of two hundred fifty dollars shall be paid on the anniversary date of the passage of this section to the City to defray the cost of a yearly inspection to ensure proper maintenance of all well facilities and site conditions.

c.

Council and the Planning Commission shall have the authority, in the course of consideration of the application for a conditional zoning and in the course of periodic inspections of the well, to require the applicant or certificate holder, as the case may be, to submit evidence both of the producer's or contractor's qualifications and experience in oil or gas well operations and of the condition and maintenance of the equipment and appurtenances at the well and well site.

10.

Performance Bond.

a.

To insure the landscaping on the approved plans, a performance bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of the approved landscaping.

11.

Well Abandonment.

a.

In the event that a well is abandoned, the petitioner must provide written notification to the Department of Planning and Urban Development before the well is abandoned and equipment removed. All petitioners shall be required to pull and/or plug a well site on abandonment, remove all aboveground appurtenances, return the ground to its original grade and condition, and follow any other rules and regulations promulgated by any department or division of the state relative to pulling, plugging, or abandoning oil or gas wells. "Abandonment" means any action or inaction by the applicant, contractor, owner, or other person which results in a producing well not being operated for six months or results in any drilling operation being halted, stopped, or otherwise suspended for sixty days.

b.

After proper plugging, all well sites shall be returned to pre-drilling condition.

c.

The planning staff, the City Planning Commission, and Council, when studying a petition for a conditional use, shall be guided by the development conditions listed in this Zoning Code for the particular use and area districts in which it is proposed. The petitioner shall be required to post a performance bond to assure compliance with the conditions specified by the Commission and Council.

12.

Miscellaneous.

a.

All necessary building permits shall be obtained for the construction of well facilities.

b.

No oil shall be introduced into the drill hole for lubrication of the drill bit or casing.

c.

That the well shall substantially conform to the approved plans. However minor changes may be approved by the Department of Planning and Urban Development and Fire Prevention.

d.

Each tank shall have a flame arrester and an API lid with two-ounce pressure release and two-ounce regulator.

13.

Variance. City Council may permit exceptions to any of the provisions in this chapter.

C.

Communication Towers and Facilities.

1.

Carriers. Each request should be designed to provide space for a minimum of three carriers, unless the carrier demonstrates that space for additional carriers is impractical. Co-location will eliminate the need for additional towers in the same area. Also, the carrier must demonstrate that a new tower is necessary and co-location on an existing tower is not feasible.

2.

Unused Equipment. Towers and equipment should be removed from the site within six months if it is obsolete or no longer in use. The carriers shall notify the City in writing when the towers and/or equipment houses are no longer in use. To ensure the removal of abandoned communications towers and/or equipment, a performance bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of removal by the owners or subsequent owners of the tower.

3.

Landscape/Fencing. A landscape/fencing plan should be submitted with the site plan. Landscaping/fencing should be provided as a visual buffer.

4.

Color. Towers should be painted gray or a similar non-contrasting color to minimize its visibility unless otherwise required by the FCC and FAA.

5.

Lighting. Tower lighting should not create a nuisance or be a distraction to surrounding uses.

6.

Signage. The only sign permitted at the facility would be an emergency phone number and contact person responsible for maintenance of the site.

7.

Prohibited Location. Towers should be prohibited in residentially zoned areas unless carriers can demonstrate that prohibition is a barrier of entry in a particular case.

8.

Compliance With Law. The carrier shall comply with all local, state and federal laws pertaining to Communications towers.

9.

The City may hire any consultant and/or expert the City deems necessary to assist the City in reviewing and evaluating a petition for conditional use for any communication tower or facility, including review prior to acceptance of a petition for conditional use to determine completeness of a proposed petition, and to review the construction and modification of the site, once permitted, and any site inspections.

a.

In addition to the fee required by Section 153.468(H) of this zoning code, the petitioner shall deposit escrow funds with the City sufficient to reimburse the City for all costs of the City's consultant(s) and expert(s) in providing expert evaluation and consultation to the City in connection with the review of any petition for a communications tower or facility submitted under this chapter. Such costs may include the pre-acceptance evaluation, the review of the petition, and the review of the construction and modification of the site, once permitted. The initial deposit shall be eight thousand five hundred dollars ($8,500.00). If the petition is for a modification of an existing conditional use or co-location that does not include a substantial change to an existing conditional use as determined by the Director of Planning and Urban Development, the initial deposit shall be five thousand dollars ($5,000.00). The placement of the funds with the City shall precede the City's acceptance of the petition. The City may make payments from the escrowed funds to the City's consultant(s) and/or expert(s) as services are provided and invoiced. If at any time during the process the balance of escrowed funds is less than two thousand five hundred dollars ($2,500.00), the petitioner shall immediately, upon notification by the City, replenish said escrowed funds so that the escrow has a balance of at least five thousand dollars ($5,000.00). Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the petition.

In the event that the amount held in escrow by the City exceeds the actual cost of the City's consultant(s) and/or expert(s) at the conclusion of the project, the remaining balance excluding interest, if any, shall be refunded to the petitioner.

b.

The total amount of the funds required as set forth in subsection (a) of this section may vary with the scope and complexity of the project, the completeness of the petition and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

D.

No outdoor advertising display shall be erected or reconstructed until the provisions of Section 153.385 "Outdoor Advertising" have been met and a conditional use has been granted by Council.

E.

Medical marijuana facilities.

1.

No medical marijuana facility shall be located within 500 feet of a school, church, public park, public playground, or public library, consistent with State of Ohio spacing requirements, as provided in O.R.C. §§ 3796.09 and 3796.10 and the analogous provisions in the Ohio Administrative Code.

2.

Prohibited location: no medical marijuana facility shall be located in a residentially zoned area with the exception of institutional districts (UHD).

3.

In addition to the general standards applicable to all conditional uses under Section 153.474, the planning staff, the City Planning Commission and the Council, when studying a petition for a conditional use, shall consider the following criteria:

a.

The impact of the proposed use on public safety in the surrounding community.

b.

The impact of the proposed use on the economic welfare of the surrounding community.

c.

The impact of the proposed use on the general welfare of the surrounding community in regard to any odor emanating from the proposed use.

d.

The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities, processing facilities, testing laboratories, or dispensaries in the surrounding community.

e.

Regarding medical marijuana dispensaries, the location of the proposed use in relation to medical or pharmaceutical facilities of a complimentary nature (e.g. pharmacies, physician offices, etc.)

4.

The petitioner shall comply with all local and state laws pertaining to medical marijuana facilities for cultivation, processing, dispensing, and/or testing, including all local and state licensing requirements. If the petitioner has not obtained a state provisional license within one year of council granting a conditional use, the conditional use shall expire at that time.

(Ord. 599-2003; Ord. 215-2002; Ord. 842-1998; Ord. 842-1997; Ord. 476-1997; Ord. 822-1989; prior code § 153.078; Ord. 322-1976)

(Ord. No. 68-2009, § 4, 2-9-09; Ord. 340-2016; Ord. 134-2017)