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(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
SIGN STANDARDS
The purpose of this subchapter is to maintain and enhance the aesthetics along community streets, roads and highways in the city through the control of signs on all such streets, roads and highways. These regulations are intended to enhance pedestrian and traffic safety; limit the intrusion of visual messages; avoid excessive signage; minimize the adverse effects of signs on public and private property values; encourage native plants and landscaping material; protect and enhance the scenic views and natural landscapes; protect and enhance economic viability by assuring aesthetic appeal for tourists, visitors, and residents; promote the use of aesthetically pleasing sign materials and colors; avoid obstacles, distractions, or traffic hazards which impair a traveler's ability to see pedestrians, traffic signs, or vehicles; preserve the right to enjoy scenic amenities; preserve public health, safety, and welfare; enhance the effectiveness of necessary directional and warning signs; enhance air movement and natural light; provide for the effectiveness of permitted signs; reduce the blighting influence of signs; protect the night sky from stray lighting; avoid adverse lighting or reflection; require structurally safe signs; protect the public investment in streets and highways; and promote the overall economic welfare of the city.
(Ord. 570, passed 2-26-07)
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