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(A) Prior to issuance of an improvement location permit in an R-3 Mobile Home Park zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which improvements are to be located. The submissions and procedures required to obtain development plan approval are set forth §§ 152.120 through 152.129. (Ord. 466, § 2-14-1, passed 5-11-98)
(B) In determining the action to be taken on a proposed R-3 development plan, the Commission shall be guided by the design standards set forth in § 152.129 and supplemented as follows:
(1) The wheels shall be removed from each mobile home occupying a lot in the park.
(2) Each mobile home shall be supported under all exterior walls by a permanent foundation completely enclosing the undercarriage.
(3) Each mobile home occupying a lot on the subdivision shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for and attached to appropriate external systems.
(4) The developer shall provide a substantial and attractive fence of at least six feet in height or a dense evergreen screen planting of at least six feet in height after one full growing season, when adjoining property is zoned or used for residential purposes. When the park is adjacent to an arterial thoroughfare, the park yard fronting on the thoroughfare shall be landscaped and maintained.
(5) Provision must be made, in every mobile home park, for a road in front of every lot. The road surface shall be of the all-weather type with a traffic surface of not less than 20 feet in width, properly crowned and graded. When off-street parking is not utilized, a parking surface of eight feet in width shall be provided along each side of the traffic surface. When these roads come in contact with any public roads or highway, reinforced concrete sewer pipe with cemented joints or continuous iron or steel pipe shall be installed to provide drainage. The cost of the pipe shall be defrayed by the owner or operator of the park, and the installation shall be approved by the Street Department Superintendent and the County Surveyor. All roads within the park must be accessible for traffic at all times and shall be maintained in first class condition. Roads in any mobile home park shall not be accepted into the city street system and the operator shall provide for their maintenance.
(6) All R-3 Mobile Home Park zones shall have open space, unless waived by the Commission, at a rate of 200 square feet per mobile home lot. The Commission may require recreational space the same as set out in § 152.110.
(7) In addition to the parking regulations in § 152.090(B), the mobile home park developer shall provide two parking areas per each lot.
(8) Sidewalks of 36-inch minimum width shall be provided by the developer; the sidewalks shall serve each lot and mobile home.
(9) Street lighting shall be provided by the developer. The light value on all occupied streets shall be a minimum of 0.1 foot candle.
(10) Water supply shall be from a municipal water service or from approved and protected driven wells that meet all test requirements, provided with tight, elevated concrete platforms, and which will not be subject to overflow or surface drainage. The source and supply of the water for human consumption must meet all the requirements of the County and State Boards of Health. The use of open wells, springs, cisterns, or open storage tanks for human consumption is unlawful and shall constitute a violation of the terms of this chapter.
(11) (a) Mobile home parks must be kept in clean and sanitary condition and provided with suitable covered metal receptacles for garbage, waste, litter and trash. Receptacles must be emptied once a week, and the contents of same must be disposed of immediately by other approved means of regular collection by a garbage disposal service.
(b) Liquid wastes from mobile homes shall be collected by a sewage system which has a trapped outlet available to each lot or unit plot and which shall discharge into an approved sewage disposal system. The use of buckets as a depository for waste is unlawful.
(12) Primary treatment of all sewage shall be through a sewage disposal process which meets all city and state health requirements. If septic tanks are used, a percolation test will be required meeting the specifications of the County and State Sanitation Codes. If a sewage disposal plant or lagoon is used, the system must be approved by the Sewage Department Superintendent and the County and State Boards of Health. Every mobile home park shall provide one or more service buildings based upon the requirements set forth in the Indiana General Assembly Acts of 1955, Chapter 321, Sections 16 to 21 and amendments thereto. Supervision and maintenance of the mobile home park shall comply with the Indiana General Assembly Acts of 1955, Chapter 321, Section 11 and amendments thereto.
(13) All mobile homes occupying any lot in the city must be kept in such operating condition that they may be removed or placed in transit within 24 hours upon legal service of the sheriff or other law enforcement officer.
(Ord. 466, § 2-14-2, passed 5-11-98)
(C) Every owner, agent, lessee, person, firm, or corporation that operates or manages any area, tract, subdivision, or any part thereof for the use as a mobile home park shall file with the Commission, at the time of opening the park for occupancy, a Mobile Home Park Registration. The form shall be furnished by the Commission. Before renting or leasing any unit plot, the owner or operator, or agent of the owner or operator, shall submit one original Mobile Home Park Registration form to the Commission and a copy of the form to each of the following:
(1) The mobile home park operator.
(2) The State Board of Health.
(3) The school superintendent of the school district in which the park is located.
(4) The Chief of Police.
(5) The County Board of Health.
(Ord. 466, § 2-14-3, passed 5-11-98) Penalty, see § 152.999
(A) Planned Residential zone.
(1) Prior to issuance of an improvement location permit in an R-2P zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located. The submissions and procedures required to obtain development plan approval are set forth in §§ 152.120 through 152.129.
(2) In determining the action to be taken on a proposed Planned Residential zone development plan, the Commission shall be guided by the design standards set forth in § 152.129 and supplemented as follows:
(a) The maximum permitted density per acre for the R-2P Planned Residential zone is eight dwelling units per gross acre.
(b) All regulations will be equal to those in the corresponding R-2 zone unless specifically waived by the Commission at the time of development plan approval. In the event the Commission waives any regulations, it must find that the general intent, spirit and purpose of the zone are met.
(c) All R-2P Planned Residential zones shall have open space, as determined by the Commission.
(Ord. 466, § 2-15-1, passed 5-11-98)
(B) Planned Commercial zone.
(1) (a) Prior to issuance of an improvement location permit in a Planned Commercial
district, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located.
(b) During its review process the Commission will consider the following items:
1. Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.
2. The applicant shall submit a set of sign standards to be reviewed by the Commission. The standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.
(2) In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 152.129 and supplemented as follows:
(a) All regulations shall be equal to those in the regular C zones unless specifically waived by the Commission at the time of development plan approval; and in the event the Commission waives any regulations, they must find that the general intent, spirit and purpose of the zone are met.
(b) The Commission shall require 10% of the net site area to be landscaped; landscaping elements include but are not limited to planting beds, islands, embankments and other aesthetic areas.
(Ord. 466, § 2-15-2, passed 5-11-98)
(C) Planned Industrial zone.
(1) (a) Prior to issuance of an improvement location permit in a Planned Industrial district, the Commission shall grant primary and secondary development plan approval for the total site.
(b) The Commission during its review process will consider the following items:
1. Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.
2. The applicant shall submit a set of sign standards to be reviewed by the Commission. These standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.
(2) In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 152.129, and, in addition, all regulations shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval; in the event the Commission waives any requirements, they must find that the general intent, spirit and purpose of the zone are met.
(Ord. 466, § 2-15-3, passed 5-11-98) Penalty, see § 152.999
INTENSIVE LIVESTOCK OPERATIONS
(A) Every person, firm, or corporation shall obtain an intensive livestock permit before operating an intensive livestock operation.
(B) The provisions of this chapter apply to both the operation owner and the livestock owner, if different; provided however, that only one permit shall be required for each location which may be in the name of the operation owner or the livestock owner.
(Ord. 466, § 2-16.5-1, passed 5-11-98) Penalty, see § 152.999
(A) An
INTENSIVE LIVESTOCK OPERATION will be defined for the purpose of this subchapter as any existing or proposed livestock operation or an extension of an existing livestock operation with the number of animals located thereon exceeding the per acre limits as follows: (for the purposes of this section, ACRES shall be defined as undeveloped, tillable land)
(1) Twenty-five nursery pigs.
(2) Six sows.
(3) Ten finishing hogs.
(4) Three beef cattle.
(5) Six heifers.
(6) Three dairy cattle.
(7) Ten veal calves.
(8) Two hundred fifty turkeys, ducks, geese, and laying hens, or any combination thereof.
(9) Four hundred pullets.
(10) Five hundred broilers.
(11) Five horses.
(12) Twenty sheep or goats or any combination thereof.
(13) Limits for other livestock not enumerated herein shall be determined by Commission by comparing body weight and animal wastes with numerated.
(B) An
INTENSIVE LIVESTOCK OPERATION is further defined for the purpose of this subchapter as any existing or proposed livestock operation or an expansion of an existing livestock operation regardless of acreage on which there are livestock unit numbers exceeding 400 hogs, 200 cattle, or 20,000 poultry. Where a livestock operation involves less than 400 hogs, 200 cattle, or 20,000 poultry, but there is more than one species of animal, the total number of animals in each category shall be divided by 400 in the case of hogs, 200 in the case of cattle, and 20,000 in the case of poultry, and the resulting percentages shall be added together. If the total of the percentages equals or exceeds 100, then the operation is an intensive livestock operation as defined herein, and shall be subject to the provisions of this subchapter.
(Ord. 466, § 2-16.5-2, passed 5-11-98)
(A) Waste treatment. The following regulations as to waste treatment and disposal shall apply to all intensive livestock operations:
(1) All facilities located at one site are to be considered as components of one intensive livestock operation.
(2) All proposed waste storage facilities shall be designed to provide a minimum storage for a period of 180 days of all animal waste, contaminated runoff and wastewater generated by the intensive livestock operation, based on the waste production and rainfall values as determined by Purdue University Cooperative Extension Service. Additional storage shall be required if terms of division (B) of this section should be applicable.
(3) All rainwater from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.
(4) Wastewater generated by the intensive livestock operation, such as excess drinking water, clean-up water, milking parlor wastewater, milking house wash water, and the like, shall not be discharged directly to a stream or field tile; and consequently, must be discharged into the animal waste storage pit or treated in an alternate manner approved by the Plan Commission and the County Board of Health. Excess drinking water and milk house wash water may be treated with a septic tank or absorption system approved by the Plan Commission and the County Board of Health.
(5) Application equipment must have the capacity of spreading a 180-day accumulation of waste in 18 days. The time required for spreading a load of waste will vary, depending on the type of equipment used and the distance the waste must be hauled. In calculating the time required for emptying holding pits, a maximum of two loads per hour or 18 loads per day shall be used. Additional time should be provided if the application land is a distance away from the intensive livestock operation.
(B) Application lands. Sufficient applicant owned land or leased land must be available for spreading of waste from intensive livestock operations. If applicant relies on leased land for 50% or more of his required applicated lands, then the owner and/or operator of the intensive livestock operation must provide 270 days of storage to contain the waste throughout the growing season.
(C) Application rates. The following land area acreage application shall be followed:
(1) One acre of application land shall be available for each livestock per acre unit as set out in section § 152.146(A).
(2) Fifty percent of the application land must be within two miles of the intensive livestock operation buildings and must either be owned by the owner of the intensive livestock operation.
(3) If not, the owner of the intensive livestock operation must present and submit to the Plan Commission a long-term lease granting permission to apply waste on the leased ground that is used as application area.
(D) Application set-backs. For the complete table from this division, refer to Appendix C: Intensive Livestock Operations; Application Setbacks, at the end of this chapter.
(E) Application requirements in floodplain. All applications of manure in a floodplain shall be either by injection or, if surface applied, then the surface applied application shall be incorporated immediately into the soil no later than the end of each working day.
(F) Requirements for injection. In all cases of injection of manure upon land, the injection of the same shall be at a minimum depth of three inches and manure shall not be allowed to seep upon the surface of the soil.
(G) General requirements for incorporation. In the case of incorporation of manure in all zones set out in division (D) above, and in Appendix C, the manure shall be disked or plowed into the soil so as to completely cover the manure to prevent any runoff. In application by incorporation in other than a floodplain, the incorporation shall be accomplished, weather permitting, within a minimum period of 48 hours after application. However, application in a floodplain shall be accomplished no later than the end of each working day.
(Ord. 466, § 2-16.5-3, passed 5-11-98) Penalty, see § 152.999
(A) General requirements for design. All requirements contained in the intensive livestock operation regulations as set forth in § 152.147 are incorporated in this section as if the same were herein set out in full, and each facility shall be constructed, operated and maintained in accordance with the requirements and regulations as set forth therein.
(B) Waste treatment and disposal.
(1) All proposed waste storage facilities shall be designed to provide a minimum storage for a period as provided in § 152.147 of all animal waste, contaminated runoff, and wastewater generated by the intensive livestock operation, based on the waste production and rainfall values as determined by Purdue University Cooperative Extension Service, or the manure management policy issued by the Indiana Department of Environmental Management.
(2) All rainwater from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.
(3) Wastewater generated by the intensive livestock operation (such as excess drinking water, clean-up water, milking parlor water, milking house wash water, and the like) shall not be discharged directly into a stream or field tile. Instead, this wastewater shall be discharged into an animal waste storage pit or treated in an approved alternate manner. Excess drinking water and milk house wash water may be treated with an approved septic tank of absorption system as may be approved by the County Health Department. Any approvals required under this division shall be given by the County Board of Health and/or the Indiana Department of Environmental Management (or any other state agency which may regulate disposal and treatment of animal waste).
(C) Earthen pit design. Earthen pits shall be designed to prevent percolation of the waste into the underlying groundwater and to provide levees which are stable and can be satisfactorily maintained. A pit shall be located in impervious soil, unless it is lined with bentonite clay to prevent seepage or some other liner approved by the Commission. Earthen pits should meet the following criteria:
(1) Minimum 3:1 inside and outside slopes.
(2) Seven to ten-foot top width.
(3) No emergency overflow pipe or spillway or as designed by S.C.S.
(4) All rain water from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.
(5) A minimum of two feet of freeboard shall be maintained at all times.
(D) Separation distances and setbacks. The minimum requirements as to separation distances of the pit and/or total confinement area of an intensive livestock operation must be as follows for covered pit and total confinement installation:
(1) One hundred feet from any water well. An earthen lagoon shall not be placed closer than 200 feet to any water well which is or will be used for human consumption or production of milk.
(2) Six hundred feet from a residence.
(3) One thousand feet from any public building (church, school, and the like).
(4) One thousand three hundred feet from any built-up area of five or more homes as the same is herein defined.
(5) If an open feeding floor and pit combination is proposed, 200 feet shall be added to the distances as required in subdivisions (2), (3) and (4), above.
(6) If open earthen pits or other open pits are used, 500 feet shall be added to the distances set out in subdivisions (2), (3) and (4), above.
(E) Separation distances and setbacks for new residential, business. public or recreational facilities. All new residential, business or public buildings and recreational facilities shall be subject to the same separation distances front existing intensive livestock operations as are set forth above, except that the same shall not apply with regard to a residence occupied by the operator or owner of the intensive livestock operation.
(Ord. 466, § 2-16.5-4, passed 5-11-98) Penalty, see § 152.999
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