§ 48-85. Use—Commercial zoning districts.
(a)
It shall be the intent of this section to allow commercial uses to utilize lots in either residential or commercial districts for primary and repair septic drainfields provided certain conditions are met. Further, it is not the intent of this section to have the residential lots in question that are being used under this section construed as commercial lots or to encourage the rezoning of those lots to become commercial.
(b)
Commercial use utilizing abutting residentially zoned land for septic disposal. Required improvements for commercial uses including, but not limited to, parking areas, vehicular accessways, and septic treatment tanks, shall be contained entirely within a commercial zoning district. However, septic drainfields and repair areas, if needed to support a primary septic system, may be located in abutting residential lots, provided that:
(1)
All such facilities shall be installed entirely below ground and in accordance with health department approval.
(2)
No above ground facilities including, but not limited to, standpipes, package treatment plants, earth mounds, evapotranspiration beds, land application, and other alternative systems shall be permitted.
(3)
Land disturbance and tree removal shall be limited to the minimum amount necessary for installation of the belowground septic facilities.
(4)
Any residential lot used to provide ancillary septic support to an abutting commercial use must be under complete identity of ownership with the commercial property it supports.
(5)
The owners of such properties shall be responsible for compliance with health department regulations pertaining to the septic system's maintenance, repair, replacement, and/or rehabilitation of the site if necessary.
(6)
For so long as a below ground commercial septic facility is located on or in a residential lot pursuant to this section, the below ground commercial septic facility shall be and constitute the principal use of such lot and no other use or accessory use shall be allowed on such lot whether or not otherwise allowed by any other section of this chapter.
(7)
Properties used for and meeting the requirements of this subsection shall be deemed on-site.
(c)
Commercial use utilizing abutting commercially zoned land for septic disposal. Septic drainfields and repair areas if needed to support a primary septic system may be located in abutting commercial lots provided that:
(1)
Land disturbance and tree removal shall be limited to the minimum amount necessary for installation of the belowground septic facilities.
(2)
Any commercial lot used to provide ancillary septic support to an abutting commercial use must be under complete identity of ownership with the commercial property it supports.
(3)
The owners of such properties shall be responsible for compliance with health department regulations pertaining to the septic system's maintenance, repair, replacement, and/or rehabilitation of the site if necessary.
(4)
Lot coverage calculations for each lot shall be evaluated separately.
(5)
For the purpose of this section, when a street separates the commercial lots, and where the lot meets other conditions as set out in this section it shall be considered on-site.
(6)
The lot to be used for septic disposal shall be located no further than 300 feet from the lot containing the principal commercial structure.
(7)
Constructed facilities and operations shall be conducted on the same lot as the commercial use.
(8)
Properties used for and meeting the requirements of this subsection shall be deemed on-site.
(Code 1990, § 22-115; Ord. No. 09-01-008, § I, 1-7-2009)