(A) Use regulations. The following use regulations in an M-3 District shall be subject to all local, state, and federal regulations and any required permit pertaining to the operation of the facility. Copies of permits must be furnished to the Area Advisory Plan Commission office to be filed with the approved development plan prior to start of operation. No building or structure or part thereof shall be erected, altered, or used, or land or water used, in whole or in part, for other than 1 or more of the following specified uses:
(1) Solid waste disposal facilities.
(2) Junk, salvage yard, provided the entire operation is enclosed within a solid fence at least 8 feet high.
(3) Hazardous waste disposal facilities, if approved as a conditional use.
(4) Accessory uses and structures.
(5) Other uses not prohibited by law not specifically permitted by this title and which are found to be similar in character to a use specifically permitted.
(B) The uses permitted in the M-3 District are subject to the following requirements:
(1) A maximum height, minimum lot area, minimum lot width, yard requirements and lot coverage as shown in § 171.08, “Table of Standards for Principal Buildings on Individual Lots.”
(2) Additional area regulations (§ 172.01).
(3) Additional yard requirements (§ 172.02).
(4) Additional height requirements (§ 172.03).
(5) Minimum floor area schedule as shown in § 172.04.
(6) Fence restrictions as provided in § 172.05.
(7) Parking restrictions as provided in § 172.06.
(8) Restrictions on signs as provided in Chapter 174.
(C) Definitions.
COLLECTION. The process of picking up wastes — at homes, businesses, and other locations — loading them into an enclosed collection vehicle, and hauling for final disposal.
COMPACTOR. Any power-driven equipment designed to reduce the volume of wastes by compressing.
COMPOST. A mixture of organic wastes aerobically decomposed to an intermediate state. COMPOST can be used as a soil conditioner. This definition includes the recycling of sludge from wastewater treatment plants for use as compost products as soil conditioners.
CONVERSION. The transformation of wastes into other forms, such as steam, gas, or oil. Transformation is usually accomplished by burning or pyrolysis.
FACILITY. Any assemblage of equipment used in the collection, storage, conversion, or disposal of solid waste. Usually refers to a TRANSFER FACILITY, RECYCLING FACILITY, or ENERGY RECOVERY PLANT.
INCINERATION. The process by which solid, liquid, or gaseous combustible wastes are burned and changed into gaseous by-products and residue (referred to as ASH).
PROCESSING. Any means designated to change the physical form or chemical content of solid wastes.
RECYCLING. The separation, processing, and marketing of a waste material (e.g., glass, aluminum) from the waste stream so that it can be reused.
RESOURCE RECOVERY. A concept involving the extraction of economically usable materials or energy from wastes. It may involve recycling or physical/chemical conversion to various end products.
SANITARY LANDFILL. A land area where solid wastes are disposed of under regulatory control.
SEPARATION FACILITY. A division of wastes, either manually or mechanically, into groups of similar materials, such as paper, glass, or metal. It is also used to describe the further sorting of materials into more specific categories, such as clear glass/dark glass, aluminum, copper, newspaper/cardboard/office paper.
SOLID WASTE. Any of a wide variety of solid materials, as well as some containerized liquids, which are discarded including agricultural, commercial, construction, demolition, hazardous, industrial, municipal, and residential wastes.
SOLID WASTE DISPOSAL FACILITIES. Any facility or operation involving the handling, storage, and processing of solid waste including the following:
(a) Sanitary landfills.
(b) Recycling facilities, excluding:
1. Any transport vehicle or collection bin used for collection by a non-profit organization at any commercially zoned property;
2. Curb-side collections;
3. On-call collections; and
4. Any processing and/or marketing of a recyclable material already separated from the general waste stream, provided no permit for the operation is required from the Indiana Department of Environmental Management and written verification is submitted by the land owner to the Advisory Plan Commission of the same prior to the start of operation. These uses shall be allowed under the M-1 Light Industrial and M-2 General Industrial Zoning Districts.
(c) Composting facilities, excluding the packaging and marketing of the soil conditioner produced by a composting facility, provided no permit is needed from the Indiana Department of Environmental Management and written verification is submitted by the land owner to the Advisory Plan Commission of the same prior to the start of operation. These uses shall be allowed under the M-1 Light Industrial and M-2 General Industrial Zoning Districts.
(d) Solid waste transfer station including separation and/or compaction facilities which may include collection facilities.
(e) Incineration facilities including resource recovery and/or conversion facilities.
(f) Sludge or by-products generated from the operation of a municipal sewage treatment plant and to be used on, or applied to, agricultural real estate for fertilization purposes.
TRANSFER STATION. A facility where wastes are removed from small collection vehicles (e.g., compactor trucks) and loaded onto larger transport vehicles (e.g., tractor trailers) for transport to disposal areas. Compaction or separation may occur prior to loading.
(D) Application procedure. In addition to the standard requirements of the prescribed rezoning application adopted by the Plan Commission, the following information must also accompany the application. When a solid waste disposal facility is proposed, the rezoning petition must clearly state the type of facility and be accompanied by a detailed development plan which shall be approved by the Plan Commission and Town Council, whichever is applicable, in accordance with the following requirements:
(1) The development plan shall be prepared by a licensed land surveyor or licensed professional engineer.
(2) The development plan must show all proposed structures and/or open areas to be used in the operation clearly delineated.
(3) All ingress and egress to the site must be shown.
(4) The Planning Commission may require any other pertinent information.
(E) The specified type of facility and development plan cannot be changed from 1 designated approved use to any other listed permitted use under this title.
(F) The specific use approved must be in operation according to the approved development plan within 1 year from the zoning change so enacted and development plan approval. If upon the expiration of 1 year from the zoning change so enacted and approval of the development plan the solid waste disposal facility is not in operation, the land involved in the plan shall revert to its former zoning district classification. The Plan Commission, upon application and public notice as required by law, may grant 1 extension of one 1 year upon an application being filed with the Plan Commission. In the event of reversion to former zoning as provided herein, the land and structures thereon shall be subject to all regulations and limitations of the zoning district then applicable.
(G) If any solid waste disposal facility is approved and in operation with the operation ceasing for any reason for a period of more than 6 consecutive months, the land involved in the zoning change so enacted and development plan approved shall revert to its former zoning district classification. In the event of reversion to former zoning as provided herein, the land and structures thereon shall be subject to all regulations and limitations of the zoning district then applicable.
(Ord. 2017-02, passed 2-20-2018) Penalty, see § 175.99