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(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
(A) Necessity for application. Before any new operation or expansion of an existing livestock operation is commenced or constructed, approval of the Plan Commission shall be obtained. Before any approval of the Commission is given, each proposed intensive livestock operation shall be reviewed on the basis of information furnished on the application form provided by the Commission as required herein, and the facts obtained from an on-site inspection or study if required by the Commission. If facts show the proposal to be in compliance, approval shall be granted by the Commission.
(B) Existing intensive livestock operations. For all existing intensive livestock operations not operating under a valid permit, the owner or operator thereof shall make application and obtain a permit before continuing the operation.
(C) Transfer of permit. A permitted intensive livestock operation shall remain personal with the holder of the permit and shall be transferred only in accordance with this division. A transfer of a permit without any increase in the number of animals may be granted by the Plan Commission Director without a public hearing if the transfer or if the permit is in good standing and the transferee demonstrates an ability to continue to operate the permit in accordance with this subchapter. A transfer of a permit seeking to increase the number of animals shall be granted by the Commission only after a public hearing and notice. A transfer may be granted on review by the Commission of all relevant documents in the transferor's file and a review of the application of the transferee, and the Commission may obtain any other relevant information as it deems necessary, and the transfer may be granted if compliance with this chapter and this subchapter shall have been demonstrated.
(D) Revocation of permit. Any intensive livestock operation permit may be revoked at any time after 90 days from the time notice is given by the Commission or the County Health Department to the owner and/or operator of any intensive livestock operation, advising the owner and/or operator that the waste treatment and handling facilities and/or any other facility of the operation have not been constructed or have not been maintained and operated as proposed and approved when submitted to the Commission; and the intensive livestock operation must thereupon forthwith cease. Revocation may be withdrawn only after construction and operation is deemed to be in compliance with this chapter.
(E) Right to hearing. The owner and/or operator of an intensive livestock operation that receives notice of proposed revocation may request a hearing within ten days from the receipt of notice of revocation, and upon request of hearing, a hearing shall be held on the proposed revocation, and the permittee shall be entitled to a hearing before the Commission with the right to be represented by counsel and to be heard.
(Ord. 466, § 2-16.5-5, passed 5-11-98) Penalty, see § 152.999
(A) An exception to this subchapter may be sought by a party requesting to locate a residence or other facility closer to an existing intensive livestock operation than permitted by the aforementioned setbacks and requirements. If or when a variance is granted by the Board of Zoning Appeals, the party obtaining the variance shall be required to attach to the deed or other appropriate document to be placed of record a covenant protecting the livestock enterprise being encroached upon. The covenant shall read as follows or shall contain words of similar meaning as follows:
In accepting this deed, grantees do hereby acknowledge that the surrounding land is agricultural in usage; and grantees and their successors in interest are precluded from complaining and/or attempting to enjoin the farm operation because of nuisances which might result from that operation.
(B) If an intensified livestock applicant finds he cannot reasonably meet the established requirements, he may request a variance or special exception from the Board of Zoning Appeals. After hearing, the Board shall determine if the request is in harmony or conflict with the purpose and intent of this chapter and/or is detrimental to the owners of surrounding, adjacent property. In the granting of any special exception or variance, the Board may impose conditions as are deemed necessary in furtherance of the purposes and intent of this chapter.
(Ord. 466, § 2-16.5-6, passed 5-11-98)
(A) Site plan and other submissions. The applicant for an intensive livestock operation shall submit the following to the Commission.
(1) An application in a form prescribed by the Commission in duplicate.
(2) A site plan drawn to scale which will be contained on at least an 8½ x 11-inch or larger paper. It is suggested that the services of an engineer or other professional be utilized in presenting a scale drawing to the Commission which contains the required information by this subchapter in sufficient detail and with sufficient professionalism as to enable the Commission to clearly see and to be informed of the proposed facilities and its compliance with the requirements of this subchapter. While a professional drawing is suggested, it is not a requirement.
(B) Required contents of site plan.
(1) The location of any proposed building and all existing buildings on the tract (as of land involved).
(2) All existing residences within one mile of any proposed building or the site of an intensive livestock operation.
(3) Boundaries of the farm and area involved and the location of all land application areas.
(4) The location of all streams, highways, lakes, recreational facilities, public buildings, towns and cities within one mile of the proposed intensive livestock operation site.
(5) Specifications relative to waste treatment disposal showing the method, equipment and detention time of any holding pit, the number of animal units expected, and the pit design. Design specifications shall be prepared by the United States Soil Conservation Service or by an Indiana registered professional engineer.
(6) A map showing the general topography of the area with contour lines and elevations showing that surface drainage will drain away from the site of the operation or any building site. Topography maps and elevations will be satisfactory if prepared by the United States Soil Conservation Service, or by an Indiana registered surveyor or professional engineer. Official topography maps may be used if site elevations can be accurately determined. An intensive livestock application will be submitted to the Commission on a form signed by the owner(s) of record. At the time of submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission.
(7) All required permits, if any, as may be required by the Indiana Department of Environmental Management or other state or federal agencies whose approval is required as a prerequisite to the granting of the permit herein.
(C) Hearing. Within 30 days after the date of receipt of the plan application and the applicable filing fee, the Zoning Administrator shall announce the date and time of the public hearing to be held before the Commission. The Zoning Administrator shall determine the date and time of the public hearing to be held before the Commission, and shall give notice of the hearing to those persons and in the manner as provided by the Commission for hearings for special exception and variances held before the Board of Zoning Appeals. Provided however, that in the event that the applicant is required to obtain state approval for his facility, the Commission will not hold a public hearing until after the state approval is first obtained by the applicant.
(D) Determination by Commission. Following the hearing, the Commission shall either approve or deny the application. On motion of an interested party, the Commission shall provide written findings and reasons for its determination. In the case of a denial of an application, the Commission shall provide written reasons for its denial.
(1) There shall be no requirement of a primary and secondary approval of an application. A ruling on an application may be made conditional upon satisfactory performance of additional requirements or upon approval by any other state agency whose approval is required or for further reasons as the Commission deems necessary to insure compliance with this subchapter.
(2) In lieu of a conditional ruling by the Commission, the Commission may defer its ruling until compliance with all requirements have been met and may or may not require a second hearing to insure compliance with this subchapter.
(3) In the event there are substantial deficiencies in the application and there are substantive requirements to be met, the Commission may, but is not required to hold a second hearing to determine compliance.
(E) Transfer of permit. A transfer of permit made necessary by change of ownership or operator shall be made by the Commission without notice and hearing, provided that the transfer does not involve the substantial change in the operation of the intensive livestock operation. In the event the Commission determines that there will be a substantial change or increase in the operation (SUBSTANTIAL CHANGE meaning an increase of 10% more animals) then the Commission shall require a formal application to be acted upon with hearing and notice as provided for an initial application.
(F) Expansion. An intensive livestock operation may not be expanded or changed in any substantial manner without the prior approval of the Commission. A SUBSTANTIAL EXPANSION OR CHANGE shall be defined as any increase or change which will result in the care and keeping of 10% more animals than originally authorized. A minor expansion shall not require hearing and notice but a major or substantial expansion will require public hearing with notice the same as applicable to an original application.
(Ord. 466, § 2-16.5-7, passed 5-11-98) Penalty, see § 152.999
(A) Preparation and presentment of application. Each applicant shall prepare the required application and all supporting documentation in a clear, succinct and professional manner so as to aid the Commission in making its determination.
(1) Each applicant is expected to carry the burden of proof in both the preparation and presentment of the application before the Commission. The Plan Commission Director will not be responsible for the preparation or presentment of any application, as that is the responsibility solely assumed by the applicant. However, the Plan Commission Director may assist any applicant in a preliminary conference, but will not be responsible for providing drawings or documentation.
(2) It is recommended, although not required, that applicants seek the assistance of counsel or other professionals who may assist them in the preparation and presentment of their application.
(B) Issuance of permit or decision by the Commission.
(1) In the event the Commission acts favorably upon all application, a permit for the intensive livestock operation shall be issued to the applicant within ten days after rendition of the final decision by the Commission. The satisfaction of contingent items required for approval shall extend the time for the issuance of the permit, which permit shall be issued ten days after final completion of all contingent and required items necessary for approval.
(2) In the event of denial by the Commission, the Commission shall issue its ruling thereon with reasons issued in writing as to the refusal within ten days from the final decision.
(C) Recording of hearings. All hearings held before the Commission under this chapter shall be tape-recorded by the Commission. A transcript of the tape-recorded testimony shall be at the expense of the applicant if a transcript is desired. In the event that an appeal is taken from a decision of the Commission, the cost of the transcript shall be borne by the applicant or person initiating the appeal.
(D) Appeal. Any person aggrieved by a decision of the Commission shall be entitled to an appeal as provided by law for appeals for decisions of the Plan Commission generally and all rules applicable thereto shall govern any appeals taken under this subchapter.
(E) Access to property; inspections. The Executive Director may inspect any building, structure, or property at any reasonable time for the purpose of administering and enforcing the provisions of this section. Inspection of the building(s), structure(s), or property shall be for the purpose of verifying number of livestock, setback distances, location of building(s), structure(s), and waste storage facilities, and location of waste application lands.
(F) Expiration of inactive permit. In the event a new or existing permit is not utilized for a continuous period of two years, then the intensive livestock permit shall expire. In the case of a new permit, if construction of facilities is not substantially complete and intensive operations begun within the two-year period, the permit shall expire, unless an extension of up to one additional year is requested and granted by the Plan Commission Director.
(Ord. 466, § 2-16.5-8, passed 5-11-98) Penalty, see § 152.999
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