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(A) Lands to which this subchapter applies. This subchapter shall apply to all SFHAs and known flood-prone areas within the jurisdiction of the county.
(B) Basis for establishing regulatory flood data. This subchapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed below.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the county shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of the County and Incorporated Areas dated September 3, 2014, and the corresponding Flood Insurance Rate Map dated September 3, 2014, as well as any future updates, amendments, or revisions prepared by the Federal Emergency Management Agency with the most recent date.
(2) (a) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the county, delineated as an “A Zone” on the County and Incorporated Areas Flood Insurance Rate Map dated September 3, 2014, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
(b) Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the State Department of Natural Resources for review, subsequently approved.
(3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community’s known flood-prone areas shall be according to the best data available as provided by the State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
(4) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(C) Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this subchapter prior to the commencement of any development activities in areas of special flood hazard.
(D) Compliance. No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this subchapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this subchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Discrepancy. In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
(1) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
(2) If the elevation (natural grade) of the site in question is above the base flood elevation and not located within the floodway, that site shall he considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA.
(G) Interpretation. In the interpretation and application of this subchapter all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(H) Warning and disclaimer of liability.
(1) The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study.
(2) Larger floods can and will occur on rare occasions. Therefore, this subchapter does not create any liability on the part of the county, the State Department of Natural Resources, or the state, for any flood damage that results from reliance on this subchapter or any administrative decision made lawfully thereunder.
(I) Violations. Failure to obtain a Floodplain Development Permit in the SFHA, or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance, shall be deemed to be a violation of this subchapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of this chapter.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The county’s Plan Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
(3) Nothing herein shall prevent the county from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014) Penalty, see § 155.999
(A) Designation of Administrator. The Board of County Commissioners hereby appoints the Zoning Administrator to administer and implement the provisions of this subchapter and is herein referred to as the Floodplain Administrator.
(B) Permit procedures. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing; and, specifically, the following information is required:
(1) Application stage.
(a) A description of the proposed development;
(b) Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams;
(c) A legal description of the property site;
(d) A site development plan showing existing and proposed development locations and existing and proposed land grades;
(e) Elevation of the top of the planned lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD;
(f) Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed; and
(g) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision.
(2) Construction stage.
(a) Upon establishment/placement of the lowest floor, before framing continues, to include any approved floodproofing, it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built.
(b) Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certification shall be prepared by, or under the direct supervision of, a professional engineer or architect and certified by same.
(c) Any work undertaken prior to submission of the floodproofing certification shall be at the applicant’s risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed.
(d) Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. Any work undertaken prior to submission of the elevation certification shall be at the applicant’s risk. The Floodplain Administrator shall review the lowest floor or floodproofed elevation survey data submitted. The applicant shall correct any deficiencies detected by such review. Failure to submit the elevation certification, or failure to make corrections required, shall be cause to issue a stop-work order for the project.
(3) Finished construction.
(a) Upon completion of construction, an elevation certification which depicts the “as-built” lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, floodproofing certification is required to be submitted by the applicant to the Floodplain Administrator.
(b) Upon completion of construction, a FEMA elevation certificate, Form 81-31, which depicts all finished construction, is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, a FEMA floodproofing certificate, Form 81-65, is required to be submitted by the applicant to the Floodplain Administrator.
(C) Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator, and/or designated staff, is hereby authorized and directed to enforce the provisions of this subchapter. The Administrator is further authorized to render interpretations of this subchapter, which are consistent with its spirit and purpose. Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
(1) Review all floodplain development permits to assure that the permit requirements of this subchapter have been satisfied;
(2) Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations;
(3) Ensure that construction authorization has been granted by the State Department of Natural Resources for all development projects subject to provisions of this subchapter, and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment);
(4) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit;
(5) Maintain and track permit records involving additions and improvements to residences located in the floodway;
(6) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA;
(7) Maintain for public inspection and furnish, upon request, local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to this subchapter;
(8) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
(9) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
(10) Review certified plans and specifications for compliance;
(11) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures;
(12) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed;
(13) (a) Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain development requirements have been satisfied.
(b) The first upon the establishment of the flood protection grade reference material at the development site; the second upon the establishment of the structure’s footprint/establishment of the lowest floor; and the final inspection upon completion and submission of the required finished construction elevation certificate.
(c) Authorized officials for the county shall have the right to enter and inspect properties located in the SFHA;
(14) Stop-work orders:
(a) Upon notice from the Floodplain Administrator, work on any building, structure, or premises that is being done contrary to the provisions of this subchapter shall immediately cease; and
(b) Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(15) Revocation of permits:
(a) The Floodplain Administrator may revoke a permit or approval issued under the provisions of this subchapter in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based; and
(b) The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this subchapter.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
(A) General standards. In all SFHAs and known flood-prone areas, the following provisions are required.
(1) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of: over-the-top; or frame ties to ground anchors. This standard shall be in addition to, and consistent with, applicable state requirements for resisting wind forces.
(2) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
(6) New and replacement water supply systems shall be designed to minimize or emanate infiltration of floodwaters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding.
(9) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this ordinance shall meet the requirements of “new construction” as contained in this subchapter.
(10) Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.
(11) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of one to one) due to the fill or structure.
(a) The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located.
(b) Under certain circumstances, the excavation may be allowed to take place outside of, but adjacent to, the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory floodwater, will not be subject to ponding when not inundated by floodwater, and that it shall not be refilled.
(c) The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by floodwater.
(d) The fill or structure shall not obstruct a drainage way leading to the floodplain.
(e) The grading around the excavation shall be such that the excavated area is accessible to the regulatory floodwater.
(f) The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.
(g) Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this subchapter.
(B) Specific standards. In all SFHAs, the following provisions are required.
(1) In addition to the requirements of this chapter, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
(a) Construction or placement of any structure having a floor area greater than 400 square feet;
(b) Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land);
(c) Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to it’s before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred;
(d) Installing a travel trailer or recreational vehicle on a site for more than 180 days;
(e) Installing a manufactured home on a new site or a new manufactured home on an existing site. This subchapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage;
(f) Reconstruction or repairs made to a repetitive loss structure; and
(g) Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community’s first Floodplain Ordinance.
(2) New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the set standards.
(3) New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the set standards. Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:
(a) A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth; and
(b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
(4) New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:
(a) Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area);
(b) The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher;
(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided they permit the automatic flow of floodwaters in both directions;
(d) Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door), or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator);
(e) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms;
(f) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade;
(g) Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device;
(h) Property owners shall be required to execute a flood openings/venting affidavit acknowledging that all openings will be maintained as flood vents, and that the elimination or alteration of the openings in any way will violate the set requirements. Periodic inspections will be conducted by the Floodplain Administrator to ensure compliance. The affidavit shall be recorded in the office of the County Recorder; and
(i) Property owners shall be required to execute and record with the structure’s deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds six feet) or the detached accessory building shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the County Recorder.
(5) A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:
(a) The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method, which shall be retained in permit file;
(b) The fill shall extend five feet beyond the foundation of the structure before sloping below the BFE;
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical;
(d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
(e) The top of the lowest floor including basements shall be at or above the FPG; and
(f) Fill shall be composed of clean granular or earthen material.
(6) (a) Manufactured homes and recreational vehicles to be installed, or substantially improved, on a site for more than 180 days must meet one of the following requirements.
(b) These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
(C) Standards for identified fringe.
(1) If the site is located in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in this subchapter have been met.
(2) The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.
(D) Standards for SFHAs without established base flood elevation and/or hoodways/fringes.
(1) Drainage area upstream of the site is greater than one square mile.
(a) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources for review and comment.
(b) No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway permit (including letters of authorization) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the State Department of Natural Resources.
(c) Once the Floodplain Administrator has received the proper permit for construction in a floodway permit (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued; provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the State Department of Natural Resources, and the provisions of this subchapter have been met.
(2) Drainage area upstream of the site is less than one square mile.
(a) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site.
(b) Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit; provided the provisions contained in this subchapter have been met.
(3) (a) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of one foot, and will not increase flood damages or potential flood damages.
(b) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, and streets and bridges.
(E) Conditions for variances.
(1) Variances shall only be issued when there is:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(2) No variance for a residential use within a floodway, subject to the provisions of this subchapter, may be granted.
(3) Any variance granted in a floodway subject to the provisions of this subchapter will require a permit from the State Department of Natural Resources.
(4) Variances to the provisions for flood hazard reduction may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the flood protection grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(8) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the State Department of Natural Resources upon request.
(F) Variance notification.
(1) Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:
(a) The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the applicant in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(2) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance.
(G) Historic structure. Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure.
(H) Special conditions. Upon the consideration of the factors and the purposes of this subchapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subchapter.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
DEVELOPMENT STANDARDS
The following specified uses must meet the following development standards as listed in this subchapter in addition to the requirements of all other subchapters of this chapter. In a district which the specified use is permitted, the Zoning Administrator shall ascertain that the specifications of the subchapter are met. In a district in which the specified use is allowed by special exception, the Board shall ascertain that the specifications of this subchapter are met prior to approval of the special exception.
(Prior Code, § 153.070) (Ord. 93-02, passed 2-1-1993)
All confined feeding operations (as defined by I.C. 13-11-2-40
) must meet the following standards.
(A) All structures shall be set back at least 50 feet from any right-of-way line and/or boundary line.
(B) The outer perimeter of the confined feeding operation including open pits, lagoons, or manure slurry holding tanks, pens, or lots shall not be located any closer than:
(1) One-half mile to the nearest boundary of any incorporated city or town; or
(2) One thousand three hundred twenty feet from any residential district, residence, other than the farm operator, any church, commercial use (other than agriculturally-related), school, recreational area (public or private), or any public building.
(C) An existing confined feeding operation may be expanded, extended, or enlarged at the same immediate location provided the following: The expansion, extension, or enlargement does not encroach into any required setback to a greater extent than that which exists prior to the expansion, extension, or enlargement.
(D) Any new residence, other than the farm operator, or any new church, commercial use (other than agriculturally-related), school, recreational area (public or private), or public building shall not be located closer than 1,320 feet from any existing confined feeding operation.
(E) All confined feeding operations shall meet all applicable regulations of the State Department of Environmental Management.
(F) The spreading of accumulated waste through land application shall be located so as to provide for the minimum separation distance provided below. If the required distances cannot be met, then the owner shall incorporate within 48 hours, or inject the waste into the soil to minimize the odors:
(1) Five hundred feet from a residential district line, or from an existing residence other than that of the farm operator; or
(2) One thousand feet from a built-up area of five or more contiguous residences.
(Prior Code, § 153.071) (Ord. 93-02, passed 2-1-1993)
An improvement location permit for a temporary use may be issued by the Zoning Administrator, subject to the standards in Table H below and after receipt of Board of Health approval, if applicable. Access and parking for all temporary uses shall be provided to the Zoning Administrator’s satisfaction. All temporary use sites shall be adequately cleaned up at the conclusion of the event. Signs for temporary uses shall comply with § 155.093. Any temporary use exceeding the standards of Table H shall be considered a special exception in the district in which it is located. Events which are reasonably expected to exceed an attendance level of 5,000 over an 18-hour period are required a mass gathering permit by the State Department of Health.
(A) Amusement and charitable activities, sponsored by public agencies, churches, civic and charity groups, schools, and other non-profit organizations on a temporary basis are permitted in any zoning district; provided it is on the site of the sponsor, or on public property with the approval of the appropriate governmental body. No permit is necessary if an amusement or charitable activity does not meet the standards; it shall be considered under the appropriate use as listed in Table H.
(B) (1) The sale or offering for sale of goods or services from any vehicle, including trailers, buses, or vans, shall be deemed to be a commercial use and shall be subject to all the regulations prescribed for the zoning district in which the same is conducted, but this regulation shall not be deemed to prohibit any vending from vehicles on a public street that is not otherwise prohibited by law.
Use | District | Maximum Length of Time | Permit | Conditions |
Use | District | Maximum Length of Time | Permit | Conditions |
Auction/Pre-Priced Sale | Any District | 3 days per year | Not Required | Parking to be controlled |
Basement Home | AG, RR, R-1 | Not to exceed 2 years from permit issuance | Required | Does not include permanently complete earth sheltered home |
Carnival, Circus, Fair, Festival, or Concert | By Special Exception Approval in B-4, AB, AG, I-1, I-2 | 15 days per year per site | Required | Lights, noise, and traffic plans to be approved |
Christmas Tree Sales | B-1, B-4, AB, AG, I-1, I-2 | 45 days per year | Required | Unsold merchandise to be removed by January 1 |
Contractor Office and Equipment Storage | Any District if incidental to construction or development | Must be removed upon completion of construction or development | Not required | Includes mobile homes, but no cooking or sleeping facilities |
Farm Fair | AG, I-1, I-2 | 30 days per year per site | Not Required | None |
Farm Tours, Hayrides (Commercial), Pick-Your- Own-Produce | B-1, B-4, AG, I-1, I-2 | 4 months per year | Not Required | None |
Farmers’ Market | B-1, B-4, AB, AG | 90 days per year per site | Required | Agricultural products only |
Fireworks Sales | B-1, B-4, AB | 45 days per year | Required | All applicable state and federal laws must be met; unsold merchandise to be removed by July 10 |
Outdoor Promotional Attraction, Tent Sale, Auto Show, Farm Equipment Show | B-1, B-4, AG, I-1, I-2 | 30 days per site per year | Required | Lights, noise, and traffic plans to be approved |
Religious Tent Meeting | B-1, B-4, AB, AG, I-1, I-2 | 30 days per 6 months | Required | Off-street parking as required for churches |
Sale of Personal Property at Place of Residence | Any District | 3 months per year per item per site | Not Required | Items allowed such as automobiles, motor cycles, recreational vehicles, etc. May not be disabled vehicle (as defined). Must be titled to resident. Limit 2 items at a time |
Sawmills on Property Where Timber is Cut | AB, AG, I-1, I-2 | 6 months per year | Required | Must meet § 155.036 if within 100 feet of off-property residence |
Temporary Group Camp | B-1, B-4, AB, AG, I-1, I-2 | 1 week per 6 months | Required | Lights and noise to be controlled |
Yard, Garage, or Porch Sales | Any District | 2 days twice per year per household | Not Required | Only normal household site merchandise. Multiple participants allowed |
(Prior Code, § 153.072) (Ord. 93-02, passed 2-1-1993; Ord. 95-14, passed 11-20-1995)
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