(A) Definition and basis of approval. Special exceptions are uses publicly or municipally operated and those uses traditionally affected with a public interest and those uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.
(1) A special exception or any use not otherwise set forth in this chapter that fits the definition set forth in division (A), herein, may be approved in zones as specified in this section. The use approved shall be subject to any regulations or requirements imposed as a part of the special exception, in addition or in place of the other regulations or requirements of this chapter. The provisions of a special exception shall replace and supersede the provisions of the base zone, effective upon either construction of any facilities approved as a part of the special exception or upon beginning of operation of the use or uses specified, whichever occurs first. The provisions shall remain in effect until such time as the special exemption use ceases to operate. Immediately prior to reuse of the structures or facilities used for the special exception, the provisions of the special exception shall become invalid and the regulations and requirements of the base zone shall again be in effect.
(2) Any significant changes (as determined by the Board) in the use of a special exception or any construction of new facilities or structures, or major additions to existing facilities or structures (as determined by the Board) shall be subject to approval by the Board of Zoning Appeals, using the same process as was used for the original approval.
(B) Procedure for approval. Upon receipt of an application for a special exception, the Executive shall refer the application to the Commission for public hearing. After said hearing (and any necessary deferrals), the Commission shall forward a recommendation based upon the findings set forth below, of either approval or denial, (or no recommendation if agreement is not reached) along with all necessary stipulations, to the Board of Zoning Appeals for public hearing and final approval or denial of the petition.
(1) Upon such hearings, if the Commission/Board finds that all of the following apply:
(a) The establishment, maintenance, or operation of the special exception win not be detrimental to or endanger the public health, safety, or general welfare;
(b) The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(c) The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(d) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
(e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
(f) The establishment. maintenance, or operation of the special exception will not contravene the principles of reinvestment, revitalization and the avoidance of unintended consequences as set forth in the Fayette County Comprehensive Plan;
the Board shall direct the Executive Director to issue an improvement location permit for such special exemption; otherwise, the Board shall direct the Executive Director to reject the application. The findings of the Board and its order to the Executive Director shall be in writing.
(2) The Board may impose additional conditions to assure that the special exceptions will conform to the intent of this chapter. These additional conditions may include, but are not limited to, the provisions of the following:
(a) Off-street parking and loading areas, with particular attention to the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district.
(b) Refuse and service areas.
(c) Special screening and buffering with reference to type, dimensions, and character.
(d) Signs and proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district.
(e) Additional setback distances, yards and other open space.
(f) General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the district.
(g) A Development Plan in the event such a plan not already required for a particular special exception set forth in division (E) herein, or for a use determined by the Board to be a special exception which is not otherwise set forth in this chapter. (See subdivision (A)(1), herein.)
(h) The Executive Director may require a land survey if he determines it is necessary for the proper identification of the boundaries of the special exception.
(3) If the nature of this special exception involves more than one of those listed, the applicant may apply for an improvement location permit for the special exceptions which most closely relates to the primary use; provided that the requirements of the related uses will be met.
(4) Any person, to whom is issued an improvement location permit for a special exception, who fails to commence construction within 12 months after such permit is issued, or who fails to carry to completion the total development plan thereof within three years after such construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself aggrieved, to show cause why such approval should not be withdrawn and such improvement location permit revoked.
(5) The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or development plan upon which such permit was based.
(a) Upon receipt of such application, the Board shall proceed as in the case of original applications for an improvement location permit for a special exception.
(b) In the event the Board shall approve and order such application or development plan changed, altered, amended or extended, it shall notify the Executive Director who shall issue an amended improvement location permit accordingly.
(C) Existing use may be a conforming use. An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use, provided such use meets the minimum lot area requirements set forth herein. Any expansion of such special exception involving the enlargement of a building, structure, and land area devoted to such use, shall be subject to the requirements and procedures described in this section.
(D) Temporary certificates. Whenever a special exception has been approved and is of such a nature that the applicant desires to complete the structure and improvements shown in the development plan by
stages, the applicant may make application for a temporary certificate of occupancy for any portion of the plan that has been completed.
(E) Special exceptions and districts where they may be permitted. The following uses shall require approval as special exceptions. They shall be subject to the specific conditions imposed and approved by the Board of Zoning Appeals:
NO.
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SPECIAL EXCEPTION
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DISTRICT(S) IN WHICH USE MAY BE PERMITTED
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NO.
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SPECIAL EXCEPTION
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DISTRICT(S) IN WHICH USE MAY BE PERMITTED
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(1) | Rural Direction Sign | LB, PB, GB, I-1, I-2, A-1 and A-2 |
(2) | Airport | A-1, A-2, PB, GB, MS, I-1, and FP |
(3) | Anhydrous Ammonia or similar liquified fertilizers, storage and distribution (commercial) | A-1 and A-2 |
(4) | Artificial lake of three or more acres | All |
(5) | Assembly halls and grounds | A-2, R-3, LB, PB, GB, I-1, and I-2 |
(6) | Auction arena or/sales yard (excluding livestock) | A-2, PB and GB |
(7) | Bed and breakfast | R-3, LB, FB, and GB |
(8) | Bottled gas storage and distribution yard | A-2, I-1, and I-2 |
(9) | Building material supply yard (open) | GB and I-1 |
(10) | Bulk fuel storage or petroleum tank farm (commercial) | I-1 |
(11) | Cemetery or crematory | All |
(12) | Charitable institutions | A-2, R-2, R-3, MS, LB, PB, and GB |
(13) | Clinic | MD and PB |
(14) | College or university building | A-2, R-1, R-2, R-3, MS, LB, PB, and GB |
(15) | Commercial greenhouse | A-1, A-2, LB, PB, and GB |
(16) | Contractor’s storage yard | A-2 and GB |
(17) | Day care center or child development | LB, PB, GB, MD, and I-2 |
(18) | (1) (Large) family day care home (2) (Small) family day care home | R-3, MD, LB, PB, and GB A-1, A-2, R-1, R-2, R-3, MD, LB, PB, and GB |
(19) | Farm implement (machinery) sales and service area or building (new or used) | A-1, A-2, LB, PB, GB, and I-2 |
(20) | Filling station, automobile car wash, and roadside restaurant | LB, PB, GB, and I-2 |
(21) | Game preserves | A-1, A-2, and FP |
(22) | Golf course or country club | All |
(23) | Golf driving range | A-2, PB, I-2 and I-2 |
(24) | Grain elevators and related uses | A-1, A-2, PB, I-1, and I-2 |
(25) | Health facility, including nursing homes and retirement homes | R-3, MS, LB, PB, and GB |
(26) | Heliport | All except RS, R-1, and R-2 |
(27) | Hospital | MS |
(28) | Junk yard | I-1 and I-2 |
(29) | Kennel in A-1, A-2, or I-1 District | A-1, A-2, and I-1 |
(30) | Manufacturing, storage or use of explosives | I-1 and I-2 |
(31) | Mining operation (i.e., sand or gravel pit, borrow pit, topsoil removal and storage areas) | A-1, A-2, RS, I-1, I-2, and FP |
(32) | Mobile home park | A-2, R-3, LB, PB, and GB |
(33) | Outdoor commercial recreational enterprise | A-2, PB, GB, I-1, I-2, and FP |
(33 1/2) | Non conforming buildings and uses | All |
(34) | Outdoor theater | A-2, PB, and GB |
(35) | Penal or correctional institution | A-2, GB, I-1, and I-2 |
(36) | Planned business use in the PB District | PB |
(37) | Private club or lodge which is of a non-commercial character | A-1, A-2, and R-3 |
(38) | Private recreational development (i.e., picnic grounds, fraternal organizations, etc.) | A-2, R-2, R-3, LB, PB, GB, and FP |
(39) | Product stands, seasonal | All except LB, PB, and GB |
(40) | Produce stands, direct sale | |
(40a) | Seasonal produce stand | A-1, A-2, R-1, R-2, R-3, RS |
(40b) | Year round produce stand | A-1, A-2 |
(41) | Produce stands, resale | |
(41a) | Resale produce stand, green grocer | GB |
(41b) | Transient produce stand | GB |
(42) | Public or commercial sanitary fill or garbage disposal plant | A-1, A-2, I-1, and I-2 |
(43) | Public or employee parking area | A-2, R-2, and MS |
(44) | Public park or public recreational facilities. | All |
(45) | Public water wells, water stations, filtration plants, reservoirs and storage tanks | All |
(46) | Railroad or other mass transportation rights-of-way and trackage, including passenger stations, shelter stations, and layover areas for transit vehicles, and off-street parking facilities | All |
(47) | Raising and breeding of non-farm fowl or animals (commercial) except kennel | A-1, A-2, GB, I-1, and I-2 |
(48) | Recreational vehicle park | A-2 |
(49) | Restricted commercial farm enterprises (including confined feeding operations) | A-1, A-2, and RS |
(50) | Riding stable | A-1, A-2, RS, PB, and I-1 |
(51) | Sales barn for livestock (resale) | A-1, A-2, and I-1 |
(52) | Seasonal hunting and fishing lodge | A-1, A-2, and FP |
(53) | Sewage treatment facility (primary use) | All |
(54) | Shooting range, outdoor | A-1, A-2, and FP |
(55) | Slaughter house | A-2, GB, and I-1 |
(56) | Special school | R-3, MS, LB, PB, GB, and I-2 |
(57) | Stadium, coliseum, athletic field | All, except A-1 |
(58) | Storage of disabled vehicles | GB and I-1 |
(59) | Studio, business (art, interior decorating, music, etc.) | R-3 |
(60) | Telephone exchange or public utility substation | A-1, A-2, and I-1 |
(61) | Transmission lines for gas, oil, electricity or other utilities (major lines) | All |
(62) | Transmission (radio, TV, etc.) miscellaneous tower(s) | All |
(63) | Veterinary hospital for small animals | A-2 |
(64) | Wholesale produce terminal, or truck freight terminal | GB, I-1, and I-2 |
(65) | Residential district personal and professional services | R-1, R-2, R-3, RS, A-1, A-2 |
(66) | Wind energy conversion systems | See part VI District Regulations of the wind energy systems siting regulations, being division (F)(66)(f) of this section, “Other Requirements for Special Exceptions.” |
(67) | Concentrated Feeding Operation (CFO) | A-1, A-2 |
68 | Solar energy, large scale and solar farms | RS, A1, A2, I-1 and I-2 |
69 | Tier 3 Home based business | All except Flood Plain (FP) |
(F) Other requirements for special exceptions. Following are specific requirements for special exceptions: (The special exceptions are referred to by name and number indicated in division (E) herein.)
(F) Other requirements for special exceptions. Following are specific requirements for special exceptions: (The special exceptions are referred to by name and number indicated in division (E) herein.)
(1) Rural directional sign.
(a) Development plan. Development plan shall be submitted with application. The development plan shall include: an elevation drawing of the proposed sign with dimensions and the information to be included on the sign; a plan view showing the location of the proposed sign and the distance from the sign to the public right-of-way, name of the adjacent right-of-way; distance to the side property lines, distance to the intersection and direction to turn, name of property owner on which the sign is to be places; a signed letter from the property owner if property is not owned by petitioner; and a permit from the Indiana Department of Transportation for any proposed sign along Indiana Routes 1, 44 and 21.
(b) Other requirements. All requirements set forth in § 153.37 shall be observed.
(2) Airport or heliport.
(a) Minimum lot area: 80 acres for airport.
(b) Minimum distance from Residential District or use: 100 feet.
(c) Fence: Six-foot wire mesh where accessible to public.
(d) Screen planting: six feet height by six feet width where abutting residential use; tight screen, effective at all times of the year.
(e) Parking: one per employee, plus one per three seats in waiting room.
(f) Development plan: shall be submitted with application.
(g) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(h) Height: 35 feet or as required by appropriate state or federal agency.
(I) Prior F.A.A. and state approval.
(3) Anhydrous Ammonia or similar liquified fertilizers, storage and distribution (commercial).
(a) Minimum yards in A-1 District front - 300; side (each) - 300; rear - 300.
(b) Minimum distance of parking area or loading berth from residential district or use: 300 feet.
(c) Fence: Six foot wire mesh fence where accessible to public.
(d) Drainage: drainage shall be controlled so that liquified fertilizers shall not drain off the premises.
(e) Development plan: to be submitted with application.
(f) Federal regulations: for primary and secondary storage and containment of fertilizers and pesticides shall be observed.
(4) Artificial lake of three or more acres.
(a) Fence: Six-foot wire mesh fence where accessible to public.
(b) Development plan: to be submitted with application.
(c) Approval required: approval by Natural Resources is required.
(5) Assembly halls and grounds.
(a) Minimum lot area one acre.
(b) Minimum front yards (standard); side - (each) 20; rear 15.
(c) Parking: As determined by the Board. Determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
(d) Noise: should be confined to the premises.
(e) Development plan: to be submitted with application.
(f) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(g) Security: (whenever necessary) shall be furnished by applicant.
(h) Height: maximum height of structure - 35 feet.
(6) Auction arena or sales yard (excluding livestock).
(a) Minimum lot area: two acres.
(b) Minimum yards: front - 50 feet; side (each) - 40 feet; rear - 40 feet.
(c) Parking space: one per two employees, plus one per each 400 square feet of display, sales and auction area.
(d) Noise: shall be confined to the premises.
(e) Entrance: not more than one entrance from street.
(f) Development plan: to be submitted with application.
(g) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(h) Height: maximum height of structure - 35 feet.
(7) Bed and breakfast.
(a) Intent. To provide temporary travelers' accommodations and breakfast, for a fee, on a daily or weekly room rental basis, as an accessory use in an existing structure designed for and occupied as a single family residence.
(b) Type of structure. The use shall be allowed only in older residential structures which are recognized as architecturally, historically or culturally significant, and which, through renovation and use as a bed and breakfast, will contribute significantly to the ambiance, character or economic revitalization of a neighborhood. The exterior appearance of the structure shall not be altered from its single-family character, and no exterior alterations, other than those necessary to ensure the safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast.
(c) Spacing requirement. No rooming house, boarding house, or bed and breakfast may be located within 400 feet of the facility. The 400 foot distance shall be measured in a straight line connecting the closest points on the lot lines and without regard for intervening structures.
(d) Outward modifications. Minimal outward modification of the structure or grounds may be made only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which it is located.
(e) Intensity of use. The bed and breakfast use should remain incidental to the primary residential use of the property which will allow reconversion back to a single-family residential use.
(f) Number of bedrooms. A maximum of five lodging or bedrooms shall be made available for rent. A bed and breakfast home having more than five bedrooms for rent may be approved if the home is designated as a historic landmark. There must be at least 500 square feet of gross (interior) floor area for each rental unit. The potential rental units would be determined by dividing the gross floor area of the structure by 500 square feet.
(g) Interior design modifications. Any interior modification shall be described in the application and shall not be injurious to the historic character of the structure, woodwork, stairways, fireplaces, windows and doors, cornices, festoons, moldings, chair rails, or light fixtures. Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed or remodeled for rental purposes. The architectural integrity and arrangement of the existing interior spaces must be maintained, and the number of guest rooms shall not be increased, except as may be required to meet health, safety, and sanitation requirements.
(h) Preparation of food. The kitchens in small bed and breakfasts generally are not built to commercial kitchen standards. Food service should be limited to breakfast for the guests. The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility. No food preparation or cooking for guests shall be conducted within any bedroom made available for rent. Individual rooms that are rented shall not contain cooking facilities.
(i) Property owners must reside. The owner or lessee of the property shall operate the bed and breakfast facility and reside in the home.
(j) Fourteen day rental limit. Room rentals to families or individuals shall not exceed 14 consecutive days. Only short-term lodging may be provided. Monthly rentals shall be prohibited.
(k) Detrimental conditions not permitted. The proposed use of the property will not create noise, light or traffic conditions detrimental to the neighboring residents, and no receptions, private parties or activities for which a fee is paid shall be permitted.
(l) Parking. Off-street parking shall be provided by the resident owner: one off-street parking space for every two guests in addition to the parking required for single-family occupancy.
(m) Signage. Signage shall be limited to one (on premise) wall sign not to exceed three square feet of sign area. Sign wording shall consist of the name of the occupant or establishment located on premises, and/or description of service rendered. Establishment shall be referred to as a “Bed and Breakfast” or “Bed and Breakfast Inn”.
(n) License. License shall be obtained as required by law.
(o) Development plan. Development plan to be submitted with application.
(8) Bottled gas storage and distribution.
(a) Minimum yards: front - 300; side (each) - 300; rear - 300.
(b) Development plan: to be submitted with application.
(c) Safety: all laws and care shall be observed by the applicant.
(9) Building material supply yard (open).
(a) Minimum yard: front - 300; side (each) - 300; rear - 300.
(b) Minimum distance from Residential District or use: 300 feet.
(c) Entrance: not more than one entrance from street.
(d) Development plan: to be submitted with application.
(e) Screening: building materials and vehicles shall be screened or located in such a manner so that they will not be visible from the frontal street or adjacent residentially used or zoned property.
(f) Parking: one per two employees, plus one per vehicle operated by establishment, plus one per 800 square feet of storage area.
(g) Height: maximum height of structure - 35 feet.
(10) Bulk fuel storage or petroleum tank farm (commercial).
(a) Minimum yards: front - 300; side (each) 300; rear - 300.
(b) Entrance: not more than one entrance from street.
(c) Development plan: to be submitted with application.
(d) Safety: all laws and care shall be observed by applicant.
(11) Cemetery.
(a) Minimum area: ten acres.
(b) Minimum yards: front - standard; side (each) - 40 feet; rear - 40 feet.
(c) Landscape plan: plan of landscape development to be submitted with application. (May be submitted with development plan.)
(d) Screen planting: screen planting - six foot height by six foot width - where abutting residential use. Effective at all times of year.
(e) Development plan: to be submitted with application.
(f) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(g) Parking: one per each two employees, plus one per each five acres of area.
(h) Height: maximum height of structure - 35 feet.
(12) Charitable institution.
(a) Minimum lot area: One acre.
(b) Minimum yards: front - standard; side (each) - 20; rear - 15.
(c) Development plan: to be submitted with application.
(d) Parking: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
(13) Clinic.
(a) Minimum lot area: 15,000 square feet.
(b) Minimum yards: front - standard; side (each) - 10; rear - 30.
(c) Screen planting: six foot height by three foot width where abutting residential use. Effective at all times of the year.
(d) Entrance: not more than one entrance from street (other than an emergency entrance).
(e) Parking: One per two employees, plus three per doctor.
(14) College or university building.
(a) Development plan: to be submitted with application.
(b) Parking: one per three students or staff members.
(15) Commercial greenhouse.
(a) Minimum lot area: 25,000 square feet.
(b) Minimum yards: front - 100; side (each) - 40 feet; rear - 40 feet.
(c) Parking areas and loading: Berth minimum distance from Residential District or use, 50 feet.
(d) Entrance: not more than one entrance from street.
NOTE: For confined feeding operation see subdivision (47), restricted commercial farm enterprise, (including confined feeding operations).
(16) Contractor's storage yard.
(a) Parking areas and loading berth minimum distance from Residential District or use, 300 feet.
(b) Entrance: not more than one entrance from street.
(c) Development plan: to be submitted with application.
(17) Day care center or child development
(a) Minimum area:
1. One hundred square feet of play area provided on same lot as use for each child in attendance.
2. Thirty-five square feet of suitable indoor space per session per child shall be provided, also.
(b) Open/recreational space:
1. Outdoor play area shall be grassed and enclosed by a 42 inch high chain link fence. Any entry gate shall be securely fastened.
2. Outdoor play areas shall be adequately separated from vehicular circulation and parking safety.
(c) General safety:
1. No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials.
2. Garages shall not be used as designated play areas.
(d) Parking: one space for each two adult attendants, plus two additional spaces.
(e) General standards:
1. No noise shall be audible beyond the lot lines.
2. Hours of operation may be restricted by the Board.
(f) Traffic standards:
1. Day care centers shall create no unsafe conditions for picking up and dropping off children.
2. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility.
(g) License required: applicant must obtain Day Care Center License from the Indiana Department of Public Welfare.
(18) (a) Family day care home (large).
1. Minimum area:
a. 100 square feet of outdoor play area provided on same lot as use for each child in attendance.
b. 35 square feet of suitable indoor space per session per child shall be provided, also.
2. Open/recreational space:
a. Outdoor play area shall be grassed and enclosed by a 42 inch high chain link fence. Any entry gate shall be securely fastened.
b. Outdoor play areas shall be adequately separated from vehicular circulation and parking safety.
3. General safety:
a. No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials.
b. Garages shall not be used as designated play areas.
4. Parking: one space for each two adult attendants, plus two additional spaces.
5. General standards:
a. No noise shall be audible beyond the lot lines.
b. Hours of operation may be restricted by Planning Commission.
6. Traffic standards:
a. Day care centers shall create no unsafe conditions for picking up and dropping off children.
b. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility.
7. Spacing requirements: no facility shall be located closer than 600 feet to another large family day care home.
8. Signs: one sign, not exceeding four square feet and five feet in height may be used to identify the center.
9. No sales: no goods, chattel, wares, or merchandise offered for sale therein, except in the LB, PB and GB and I-2 Districts.
10. License required: applicant must obtain Day Care Home License from the Indiana Department of Public Welfare.
(b) Family day care home (small).
1. Minimum area.
a. 100 square feet of outdoor play area provided on same lot as use for each child in attendance.
b. 35 square feet of suitable indoor space per session per child shall be provided, also.
2. Open/recreational space:
a. Outdoor play area shall be grassed and enclosed by a 42 inch high chain link fence. Any entry gate shall be securely fastened.
b. Outdoor play area cannot be closer than ten feet to any adjoining property.
3. General safety:
a. No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials.
b. Garages shall not be used as a designated play area.
4. Parking: one space for each two adult attendants, plus two additional spaces.
5. General standards:
a. No noise shall be audible beyond the lot lines.
b. Hours of operation may be restricted by Planning Commission.
6. Traffic standards:
a. Day care centers shall create no unsafe conditions for picking up and dropping off children.
b. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility.
7. Spacing requirements: no facility shall be located closer than 600 feet to another large family day care home.
8. Signs: one sign, not exceeding four square feet and five feet in height may be used to identify the center.
9. No sales: no goods, chattel, wares, or merchandise offered for sale therein, except in the LB, PB, and GB Districts.
10. License required: applicant must obtain Day Care Home License from the Indiana Department of Public Welfare.
(19) Farm implement (machinery) sales and service area or building (new or used).
(a) Development plan: to be submitted with application.
(b) Dead storage: no dead storage, repair work or dismantling on the lot.
(c) Height: maximum height of structure - 35 feet.
(d) Adequacy of sewers: approval required.
(e) Special setback requirements: used machinery may be placed temporarily in the rear of the building line in the sales lot, provided that new machinery may be placed temporarily in front of the building line in the PB District, but not closer than 20 feet to the front lot line in the PB District.
(f) Parking: one per two employees, plus one per vehicle operated by the establishment, plus one per 1,000 square feet of display and sales area.
(20) Filling station, automobile car wash, and roadside restaurant.
(a) Minimum lot area: ½ acre.
(b) Minimum yards: same as local business use in respective district except for PB District.
(c) Landscape plan in which filling station is proposed to be located. Plan of landscape development to be submitted with application. (May be combined with development plan.)
(d) Fence: four-foot wire mesh abutting residential use.
(e) Screen planting: six-foot height by six-foot width; where abutting residential use: tight screen, effective at all times of the year.
(f) Parking spaces: as determined by the Board. The determination shall be based on the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
(g) Development plan: to be submitted with application.
(h) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(I) Dead storage: no sales, dead storage, repair work, or dismantling on the lot.
(j) Adequacy of sewers: approved by Executive Director that sewers are adequate.
(21) Game preserve.
(a) Development plan: to be submitted.
(b) Fence: adequate wire mesh fence where accessible to public.
(22) Golf course or country club.
(a) Minimum yards: front - standard; side (each) - 40; rear - 40.
(b) Minimum distance of parking area from Residential District of use: 20 feet.
(c) Screen planting: six foot height by six foot width - where abutting residential use, effective at all times of the year; or an alternative planting, acceptable to the Board.
(d) Entrance: not more than one entrance from street.
(e) Setback from interior drives: 40 feet.
(f) Parking spaces: 30.
(g) Development plan: to be submitted with application.
(h) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(I) Adequacy of sewers: approval required.
(j) Height: maximum height of structure 35 feet.
(23) Golf driving range. Requirements same as subdivision (20), golf course or country club, except number of parking spaces shall be 20.
(24) Grain elevators and related uses.
(a) Development plan: to be submitted with application.
(b) Noise: shall be confined to the limits set forth in § 153.19(C)(10).
(c) Height: maximum height of structure - 135 feet.
(25) Health facility, including nursing homes and retirement homes.
(a) Minimum lot area: 40,000 square feet, but not less than 1,000 square feet per person cared-for occupant.
(b) Minimum yards: in the PB District: front - 80; side - 40; rear - 40. In other districts: same as requirements for single-family dwelling.
(c) Landscape plan: plan to landscape development to be submitted with application. (May be combined with development plan.)
(d) Screen planting: six foot height by six foot width where abutting residential use; tight screen, effective at all times.
(e) Parking spaces: one per each five patients or occupants, plus one per each staff member or supervisor doctor, plus one per each three employees.
(f) Development plan: to be submitted with application.
(g) Height: maximum height of structure - 35 feet.
(h) State approval required: facility must be licensed by the State Department of Health in accordance with IC 16-21-2. (Some types of facilities do not require licensure.)
(I) Adequacy of sewers: approval required.
(26) Heliport.
(a) Spacing: use permitted not closer than 200 feet to a residential use.
(b) Fence: four-foot wire mesh abutting residential use.
(c) Parking spaces: one per employee plus one per three seats in waiting room.
(d) Development plan: to be submitted with application.
(e) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(f) Height: as required by appropriate state or federal agency.
(27) Hospital.
(a) Minimum lot area: three acres.
(b) Minimum yards: front - 100; side (each) - 40; rear - 40. (Abutting residential use).
(c) Minimum distance of parking area from Residential District or use: 25 feet.
(d) Minimum distance of loading berth from Residence District or use.
(e) Screen planting: six foot height by three foot width where abutting residential use; effective at all times of the year.
(f) Parking spaces: one per four beds, plus one per doctor, plus one per three employees on largest shift, plus per vehicle.
(g) Development plan: to be submitted with application.
(h) Height: 70 feet.
(I) Adequacy of sewer: approval required.
(28) Junk yard.
(a) Minimum lot area: five acres.
(b) Minimum yards: front - 50; side - 40; rear - 40.
(c) Spacing: use permitted not closer than 200 feet to a residential use.
(d) Entrance: not more than one entrance from street.
(e) Fence: solid wall or solid painted fence eight feet high except along railroad right-of- way or eight foot wire mesh fence covered and maintained with thick ivy growth.
(f) Parking spaces: one per two employees.
(g) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(h) Height: maximum height of structure - 25 feet.
(29) Kennel in A-1, A-2, and I-1 Districts.
(a) Minimum lot area: two acres.
(b) Minimum yards: front - 150; side (each) - 150; rear - 150.
(c) Screen planting: six foot height by six foot width - where abutting residential use; effective at all times of the year.
(d) Entrance: not more than one entrance from street.
(e) Development plan: to be submitted with application.
(f) Noise: shall be confined to the premises.
(g) Parking: one per two employees, plus one per 500 square feet of front area used, in a waiting room; plus one per five boarder animals, based upon maximum number of animals.
(h) Height: maximum height of structure - 25 feet.
(30) Manufacturing, storage, or use of explosives.
(a) Development plan: to be submitted with application if use involves manufacturing or storage of explosives.
(b) Approval of Board of County Commissioners or City Council required.
(31) Mining operation (that is, sand or gravel pit, quarry, borrow pit, topsoil removal and storage areas).
(a) Minimum yards: front - 150; side (each) - 150; rear - 150.
(b) Minimum distance from Residence District or use.
(c) Fence: six foot woven wire, fence where accessible to public.
(d) Screen planting: six foot height by three foot width - where abutting residential use; effective at all times of the year.
(e) Entrance: no more than one entrance from street.
(f) Development plan: to be submitted with application.
(g) Special: see IC 36-7-4-1103: miscellaneous provisions; use and alienation of mineral resources and forest outside urban areas.
(32) Mobile home park.
(a) State requirements: all state requirements shall be observed (See IC 16-41-27, 410 IAC 6-6, and 327 IAC 8-81 for requirements.) In addition to State Department of Health, requirements, the requirements listed below shall be adhered to.
(b) Development plan: to be submitted with application.
(c) Area: a mobile home park shall have an area of not less than five acres.
(d) Soil: the condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the United States Department of Agriculture Soil Conservation Service. (See § 153.39(T).) The site shall not be subject to unpredictable or sudden flooding, subsidence, or erosion. Exposed ground surfaces shall be paved, covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. Exposed ground surfaces shall be graded and equipped to drain all surface water in a safe, efficient manner.
(e) Smoke, noise, and odor: the proposed site shall not be exposed to objectionable smoke, noise, odor or other adverse influences.
(f) Screening: a dense planting screen not less than 12 feet high and 6 feet wide shall be located and effectively maintained at all times along all boundary lines except at established entrances and exits serving the park. A basket weave or similar type fence or brick or stone wall may be permitted by the Board instead of a planting screen. The Board may waive any part of these screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant.
(g) Use: no part of any park shall be used for nonresidential purposes, except such uses that may be for the benefit of and well-being of park residents and for the management and maintenance of the park; provided, however, that this shall not prohibit the sale of a mobile home located on a mobile home slab on a mobile home lot and connected to the appropriate utilities; provided further, however, that a mobile home sales business may be allowed in the mobile home park upon a showing that said business, and its location, is in the best interest of the public health, safety, morals and general welfare, as determined by the Board of Zoning Appeals.
(h) Side, rear, and front yards: the tract of land for the proposed park shall have two side yards, each having a minimum of 30 feet in width, a rear yard having a minimum of 30 feet in depth, and a front yard having a minimum of 60 feet in depth.
(i) Separation: mobile homes shall be separated from each other and from all other buildings and structures by at least 20 feet. An accessory structure such as an awning, cabana, storage cabinets, carport, windbreak, and porch having a floor area exceeding 25 square feet and an opaque roof or top, shall be considered to be part of the mobile home.
(j) Mobile home lot area and width: each mobile home lot shall contain a minimum of 4,000 square feet in area, and shall be at least 40 feet in width.
(k) Parking: each mobile home lot shall contain two automobile parking areas, each of which has minimum dimensions of ten feet in width by 20 feet in length.
(l) Mobile home slab: each mobile home lot shall contain a mobile home slab. The area of the slab shall be improved to provide adequate support for the placement and tie-down of the mobile home so that it is secure against uplift, sliding, rotation, and overturning. The slab shall be constructed so that it will not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces. The slab shall be provided with anchors and tiedowns such as cast-in place concrete “dead men,” eyelets imbedded in concrete foundation or runways, screw augers, arrowhead anchors, or other devices securing the stability of the mobile home. Anchors and tie-downs shall be placed at least at each corner of the slab and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
(m) Distance required: there shall be a distance of at least 15 feet between the mobile home slab and an abutting interior park drive.
(n) Recreation area: each park shall provide a recreational area or areas equal in size to at least 8% of the area of the park. Streets, parking areas, and park service facility areas shall not be included in the required recreational area.
(o) Streets and drives: a mobile home park shall be provided with safe and convenient vehicular access from abutting streets or roads to each mobile home lot. Such access shall be provided by interior private streets or driveways or other means approved by the Board. No direct access from a front or side street to a mobile home lot shall be permitted except by approved entrances and exits. The park entrance shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be allowed on the park entrance driveway for a distance of 100 feet from its point of beginning, unless the park entrance drive has a minimum width of 36 feet. Interior driveways, except minor driveways, shall have a minimum width of 22 feet, measured from back to back of curb if provided. Minor driveways shall have a minimum width of 10 feet. Minor driveways having mobile homes abutting on both sides are not acceptable unless the said minor driveways are less than 500 feet long. Minor driveways serving more than 15 mobile homes are unacceptable. Dead-end driveways shall not exceed 1,000 feet in length, and shall be terminated at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.
(p) Interior driveway construction and design standards:
1. Pavements: all driveways shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavements edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Driveway surfaces shall be maintained so as to be free of cracks, holes, and other hazards.
2. Grades: grades of all driveways shall be sufficient to ensure adequate surface drainage, but shall not have a grade in excess of 8%; provided, however, that short runs having a maximum grade of 12% may be permitted if traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves.
3. Intersections: within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersection streets. Intersections of more than two streets at one point shall be avoided.
(33) Outdoor commercial recreational enterprise.
(a) Minimum yards: front - Standard; side - 40 feet; rear - 40 feet.
(b) Minimum distance between parking area and Residential District or use: 50 feet.
(c) Entrance: not more than two entrances from street.
(d) Noise: shall be confined to the premises.
(e) Landscape plan: to be submitted with application. (May be combined with the development plan.)
(f) Fence: six foot wire mesh where accessible to public.
(g) Screen planting: six foot height by six foot width where abutting residential use - tight screen, effective at all times.
(h) Setback from interior drives: 40 feet.
(I) Parking spaces: one per three employees plus one per 500 square feet of use area.
(j) Development plan: to be submitted with application.
(k) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(1) Height: maximum height of structure - 60 feet.
(m) Adequacy of sewers: approval required.
(33½) Non conforming structures and uses.
(a) Development plan: develop-ment plan to be submitted with application.
(b) Other requirements: All requirements set forth in § 153.07 shall be observed with the exception division (F).
(34) Outdoor theater.
(a) Minimum yards: front - 100 feet; side - 75 feet; rear - 40 feet; abutting residential use.
(b) Fence: four foot wire mesh abutting residential use.
(c) Development plan: to be submitted with application.
(d) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(e) Height: maximum height of structure - 65 feet.
(f) Adequate sewer: approval required.
(35) Penal or correctional institutions.
(a) Minimum lot area: 200 acres. Medium security facility - 15 acres.
(b) Minimum yards: front - 100 feet; side (each) - 100 feet; rear - 100 feet.
(c) Minimum distance from residential use - 300 feet.
(d) Parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
(e) Development plan: to be submitted with application.
(f) Height: maximum height of structure - 65 feet.
(g) Adequacy of sewers: approval required.
(36) Planned Business Use in the PB District.
(a) Development Plan: shall be submitted with application.
(b) Other requirements: see § 153.16 and the Appendix for other requirements.
(37) Private club or lodge, which is of a non-commercial character in the A-1, A-2, and R-3 Districts.
(a) Minimum lot area: front, side and rear - standard in A-1 and A-2, ½ acre in R-3.
(b) Minimum yards: front - standard; side (each) - 25; rear - 25.
(c) Parking spaces: one per six active members.
(d) Development plan: to be submitted with application.
(e) Height: maximum height of structure - 25 feet in A-1 and A-2, 35 feet in R3.
(38) Private recreational development (that is, picnic grounds, fraternal organizations, and the like).
(a) Minimum yards: front - standard; side (each) - 40 feet; rear - 40 feet.
(b) Minimum distance between parking area and residential district or use: 25 feet.
(c) Entrance: not more than one entrance from street.
(d) Landscape plan: plan of landscape development to be submitted with application. (May be combined with development plan.)
(e) Screen planting: six foot height by three foot width when abutting residential use; tight screen, effective at all times.
(f) Parking spaces: one per each six members, or as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, peak parking load requirements.
(g) Development plan: to be submitted with application.
(h) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(I) Height: maximum height of structure - 25 feet.
(j) Noise: shall be confined to the premises.
(39) Produce stands, seasonal.
(a) Development plan: to be submitted with application.
(b) Signs and lighting: outdoor advertising sign and outdoor artificial lighting shall be approved by the Board.
(40) Produce stands, direct sale.
Exemptions:
(a) Farm stand.
(b) Farmers market.
(c) Registered with an officially recognized farmers market. Must be actively selling at the farmers market. Must abide by conditions outlined below in (40a) and (40b).
(40a) Seasonal produce stand.
(a) Land use: primary use is residential.
(b) Parking: all parking must be off- street.
(c) Sign: removable sign, maximum size 16 square feet, must be removed when no sales activity is occurring, must be set back 5 feet from edge of the public right-of-way.
(d) Lighting: no artificial lighting allowed.
(e) Hours of operation: dawn to dusk.
(f) Development plan: must be submitted with application and must include sales area, drive, sign location and parking area.
(40b) Year round produce stand.
(a) Land use: primary use is residential.
(b) Parking: all parking must be off- street.
(c) Sign: removable sign, maximum size 16 square feet, must be removed when no sales activity is occurring, must be set back 5 feet from edge of the public right-of-way.
(d) Lighting: no artificial lighting allowed.
(e) Hours of operation: dawn to dusk.
(f) Development plan: must be submitted with application and must include sales area, drive, sign location and parking area.
(41) Produce stands, resale.
Exemptions:
(a) Farm stand.
(b) Farmers market.
(c) Registered with an officially recognized market and sells produce at that location. must abide by conditions outlined below in (41a) and (41b).
(41a) Resale produce stand, green grocer
(a) Land use: primary property use is business, may not be located on residential property.
(b) Parking: all parking must be off- street.
(c) Sign: removable sign, maximum size 16 square feet, must be removed when no sales activity is occurring, must be set back 5 feet from edge of the public right-of-way.
(d) Lighting: artificial lighting allowed, must meet all Indiana Electric Code requirements for outdoor lighting and wiring.
(e) Hours of operation: standard business hours maintained by area businesses.
(f) Written agreement with owner of property to sell produce at that location.
(g) Development plan: must be submitted with application and must include sales area, drive, sign location and parking area.
(41b) Transient produce stand.
(a) Land use: primary property use is business, may not be located on residential property.
(b) Parking: all parking must be off- street.
(c) Sign: removable sign, maximum size 16 square feet, must be removed when no sales activity is occurring, must be set back 5 feet from edge of the public right-of-way.
(d) Lighting: artificial lighting allowed, must meet all Indiana Electric Code requirements for outdoor lighting and wiring.
(e) Hours of operation: standard business hours maintained by area businesses.
(f) Written agreement with owner of property to sell produce at that location.
(g) Transient business license from the City of Connersville or Fayette County.
(42) Public or commercial sanitary fill or garbage disposal plant.
(a) Minimum lot area: ten acres.
(b) Minimum yards: front 300; side (each) - 300.
(c) Fence: six foot wire mesh.
(d) Screen planting: six foot width abutting residential use.
(e) Entrance: not more than one entrance from street.
(f) Development plan: to be submitted with application.
(g) State requirements: all state requirements for solid waste disposal shall be met.
(43) Public or employee parking area.
(a) Four foot high masonry wall along front line and such other boundaries the Board considers necessary to protect residential property, except an approved entrance and eat.
(b) Entrance: not more than one entrance from street.
(c) Development plan: to be submitted with application.
(44) Public park or public recreational facility.
(a) Landscape plan: plan of landscape development to be submitted with application. (May be combined with development plan.)
(b) Development plan: to be submitted with application.
(c) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(d) Adequacy of sewers: approval required.
(45) Public water wells, water stations, filtration plants, reservoirs and storage tanks.
(a) Storage tanks: proximity to residence district or use 100 feet.
(b) Development plan: to be submitted with application.
(c) Health laws: All applicable health laws and standards shall be adhered to.
(46) Railroad or other mass transportation rights-of-way and trackage, including public transportation terminal, passenger stations, shelter stations, and layover areas for transit vehicles, and off-street parking facilities.
(a) Entrance: not more than one entrance from street.
(b) Parking for passenger station: one per 10 seats in waiting room plus one per two employees of connected retail use (if any).
(c) Development plan: to be submitted with application.
(d) Adequacy of sewers: approval required.
(e) Height: maximum height of structure - 45 feet.
(47) Raising and breeding of non-farm fowl and animals, except kennel.
(a) Minimum lot area: three acres.
(b) Minimum yards: front - 100; side (each) - 100; rear - 100.
(c) Development plan: to be submitted with application.
(d) Screen planting: six foot height by three foot width when abutting residential use, effective at all times of the year.
(e) Entrance: not more than one entrance from street.
(f) Height: minimum height of structure - 25 feet.
(g) Adequacy of sewers: approval required.
(48) Recreation vehicle park.
(a) Development plan: to be submitted with application.
(b) Minimum lot area: five acres.
(c) Density: each recreational vehicle park shall have not more than 25 recreational vehicle spaces per acre of gross site area.
(d) Separation: recreational vehicles shall be separated from each other and from all other buildings and structures by at least five feet. An accessory structure, such as an awning, cabana, storage cabinet and porch, shall be considered to be a portion of the recreational vehicle.
(e) Parking: one automobile parking space shall be provided for each recreational vehicle. No parking shall be permitted in the front yard of the park tract of land.
(f) Accessory uses: management offices and storage, playground and picnic equipment, sanitation and laundry facilities, information signs and other structures customarily incidental to a recreational vehicle park shall be permitted as accessory uses.
(g) Term of stay in park and limitation of use: except as otherwise provided herein, each recreational vehicle shall not be used for habitation in the same recreational vehicle park for longer than 180 days in any one calendar year, and shall not be used as a permanent residence.
(h) Access: recreational vehicle parks shall have direct access to an arterial or major thoroughfare with sufficient frontage thereon for the proper construction of entrances and exits. Such entrances and exits shall be designed for the safe movement of recreational vehicles into and out of the park. Only one principal entrance from a major thoroughfare may be provided.
(I) Condominium parks permitted: the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed in a recreational vehicle park. Accordingly, an affirmative statement as to whether or not the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed and shall be included in the application. If the sale of individual lots to individual lot (condominium recreational vehicle park) shall be allowed, then the development plan shall additionally include the number of individual lots to be sold, and the rights and responsibilities of the individual lot owners and the park developers in the park and its management. If the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed, then a plat of the recreational vehicle park shall accompany the development plan. (Condominiums regulated by IC 32-1-6 may not be regulated by Chapter 152.)
(j) Soil and water: the condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the United States Department of Agriculture Soil Conservation Service. (See § 153.39(T).)
(k) Smoke, noise, and odor: the proposed site shall not be exposed to objectionable smoke, noise, odors or other adverse influences.
(l) Screening: a dense planting screen not less than six feet high after five full growing seasons and which at maturity is not less than 12 feet high and six feet wide shall be located and effectively maintained at all times along all boundary lines except at established entrances and exits serving the park. A basket weave or similar type of fence or brick or stone wall may be permitted by the Board instead of a planting screen. The Board may waive any part of these screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant.
(m) Side, rear, and front yards: the tract of land for the proposed park shall have two side yards, each having a minimum of 30 feet in width, a rear yard having a minimum of 30 feet in depth, and a front yard having a minimum of 60 feet in depth.
(n) Illumination: parks shall be furnished with lighting units so spaced and equipped with luminaries at such mounting heights that all parts of the interior driveway system will have an average level of illumination of 0.3 footcandle and that potentially hazardous locations, steps, and stepped ramps, will have an average level of illumination of 0.6 footcandle. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.
(o) Barbecue pits, fireplaces, stoves, and incinerators: cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance, both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
(p) Refuse handling: the storage, collection and disposal of refuse in the park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be located no more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, minimize spillage and container deterioration, and facilitate cleaning around them. All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park owner shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Where municipal or private disposal service is not available, the park operator shall dispose of the refuse by incineration or transporting to a disposal site approved by the Health Officer. Refuse incinerators, if provided, shall be constructed in accordance with engineering plans and specifications which shall be reviewed and approved by the Health Officer or other authority having jurisdiction. Incinerators shall be operated only when attended by some person specifically authorized by the owner or operator of the park.
(q) Electrical distribution system:
1. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any mobile home, service building or other structure. All direct burial conductors or cables shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one foot radial distance from water, sewer, gas or communication lines. Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volt AC, 100 amperes. Outlets (receptacles or pressure connectors) shall be housed in a weatherproof outlet box, and shall be located not more than 25 feet from the over-current protective device in the mobile home. A three-pole, four-wire grounding type shall be used. Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1, as amended.
2. Connectors, if not substituted by more than one receptacle, shall be provided where
the calculated load of the mobile home is more than 100 amperes. The recreational vehicle shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors. All exposed non-current carrying metal parts of vehicles and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for recreational vehicles or other equipment.
(r) Insect and rodent control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Health Officer. Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage; lumbar, pipe, and other building material shall be stored at least one foot above the ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(s) Water and sewage: the water supply and sewage disposal shall meet the minimum requirements of the Indiana State Department of Health.
(t) State requirements: all state requirements shall be observed.
(49) Restricted commercial farm enterprise (including confined feeding operations).
(a) Development plan: shall be submitted with application.
(b) Air and water pollution control: air and water pollution control promulgated by IC 13-17 (air pollution) and IC 13-18 (water pollution) is required.
(c) Dead storage: no sales, dead storage, repair work or dismantling on the lot.
(d) Parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, peak parking load requirements.
(e) Signs and lighting: signs and artificial lighting require Board approval.
(f) Maximum height of structure: 45 feet.
(g) Confined feeding operation - health approval required: approval by the Board, Water Pollution Control, Department of Environmental Management, is required for confined feeding operations in accordance with IC 13-18-10.
(h) Waste handling and disposal guidelines: the recommended applicable guidelines promulgated by the following publications, as revised (latest issue), shall be required by the Board concerning methods of waste handling and disposal guidelines:
1. Legal Guidelines for Swine Waste Management, latest issue, by Cooperative Extension Service, Purdue University, Lafayette, Indiana.
2. Waste Handling and Disposal Guidelines for Indiana Poultrymen, latest issue, by Cooperative Extension Service, Purdue University, Lafayette, Indiana.
3. Waste Handling and Disposal Guidelines for Indiana Beef Producers, latest issue, by Cooperative Extension Service, Purdue University, Lafayette, Indiana.
4. Waste Handling and Disposal Guidelines for Indiana Dairymen, latest issue, by Cooperative Extension Service, Purdue University, Lafayette, Indiana.
(50) Riding stable.
(a) Minimum lot area: two acres, plus 5,000 square feet per horse over four horses.
(b) Minimum yards: front, each side and rear yards, 100 feet each.
(c) Screen planting: six foot height by three foot width when abutting residential use.
(d) Entrance: not more than one entrance from street.
(e) Parking: one per two employees, plus one per two horses.
(f) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(g) Waste disposal: disposal of wastes shall meet the approval of the State Board of Health.
(h) Development plan: shall be submitted with application.
(I) Height: maximum height of structure, 35 feet.
(51) Sales barn for livestock (resale).
(a) Minimum yards: front, each side, and rear yards; 300 feet each.
(b) Minimum distance from residential district or use: 300 feet.
(c) Minimum distance between parking area and residential district or use: 300 feet.
(d) Entrance: not more than one entrance from street.
(e) Parking: one per two employees, plus one per each 400 square feet of display and sales area.
(f) Development plan: shall be submitted with application.
(g) Height: maximum height of structure - 45 feet.
(h) Waste disposal: disposal of waste shall meet the approval of the State Department of Health.
(52) Seasonal hunting and fishing lodge.
(a) Parking spaces: one per member or as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, peak parking requirements.
(b) Development plan: to be submitted with application.
(53) Sewage treatment facility (primary use).
(a) Development plan: shall be submitted with application.
(b) Health approval required: approval by the Indiana State Department of Health required.
(54) Shooting range, outdoor.
(a) Minimum yards: front, each side, and rear yards: 300 feet each.
(b) Screen planting: six foot height by six foot width.
(c) Entrances: not more than one entrance from street.
(d) Development plan: to be submitted with application.
(55) Slaughter house.
(a) Minimum lot areas: five acres.
(b) Minimum yards: Front, each side, and rear yards: 300 feet each.
(c) Minimum distance from residential district or use: 300 feet.
(d) Minimum distance of parking area from residential district: 50 feet.
(e) Fence requirements: six foot solid painted fence.
(f) Screen planting: six foot height by six foot width (from abutting street).
(g) Entrance: not more than one entrance from street.
(h) Development plan: to be submitted with application.
(I) Adequacy of sewers: approval required.
(j) Adequate disposal methods: dead animals and offal shall be disposed of in a manner satisfactory to the Board.
(k) Parking: one per two employees, plus four additional spaces.
(l) Height: maximum height of structure: 35 feet.
(56) Special school.
(a) Minimum lot area: 10,000 square feet.
(b) Minimum yards: front 25 feet; each side ten feet; rear ten feet.
(c) Fence: four-foot wire mesh around play area.
(d) Parking spaces: one per three employees plus one per six students.
(e) Height: maximum height of structure 35 feet.
(f) Adequacy of sewers: approval required.
(57) Stadium, coliseum, athletic field.
(a) Minimum lot area: five acres.
(b) Minimum yards: front - standard; each side 50 feet; rear 50 feet.
(c) Minimum distance of parking area from residential district or use: 25 feet.
(d) Screen planting: six foot height by six foot width.
(e) Entrances: not more than two from street.
(f) Parking: one space for each four seats in the grandstand, plus three per four employees.
(g) Development plan: to be submitted with application.
(h) Height: maximum height of structure 45 feet.
(i) Adequacy of sewers: approval required.
(58) Storage of disabled vehicles, temporary.
(a) Minimum lot area: ½ acre.
(b) Minimum yards: front, each side, and rear yards 25 feet where abutting residential use.
(c) Minimum distance of parking area from residential district or use: 25 feet.
(d) Fence: six-foot solid painted fence.
(e) Screen planting: six foot height by three foot width where abutting residential use.
(f) Entrance: not more than one from street.
(g) Development plan: to be submitted with application.
(59) Studio business (art, interior decorating, music, and the like).
(a) Parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, plan parking load requirements.
(b) Development plan: to be submitted with application.
(60) Telephone exchange or public utility substation in the A-1, A-2, and I-1 District.
(a) Screen planting: adequate for purpose as determined by Board. (Also along abutting street.)
(b) Entrance: not more than one entrance from street.
(c) Parking space: one per employee at or working out of site.
(d) Development plan: to be submitted with application.
(e) Adequacy of sewers: approval required.
(61) Transmission lines for gas, oil, electricity or other utilities (major lines).
(a) Development plan: to be submitted with application.
(62) Transmission towers (radio, TV, and the like, and microwave towers).
(a) Development plan: to be submitted with application.
(b) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(c) Height: as required by the appropriate state or federal agency.
(63) Veterinary hospital for small animals.
(a) Parking: one space per two employees, plus one per doctor, plus two per examining rooms.
(b) Development plan: shall be submitted with application.
(c) Height: maximum height of structure - 35 feet.
(64) Wholesale produce terminal or truck terminal.
(a) Minimum lot area: ten acres.
(b) Minimum yards: front - 100 feet; side (each) - 75 feet abutting residential use, otherwise 35 feet; rear - 40 feet.
(c) Minimum distance from residential district or use: 100 feet.
(d) Minimum distance of parking from residential district: 100 feet.
(e) Fence: six-foot height wire mesh fence.
(f) Screen planting: six foot height by three foot width where abutting residential use; tight screen, effective at all times.
(g) Entrance: not more than one entrance from street.
(h) Parking spaces: one per two employees on largest shift.
(i) Development plan: to be submitted with application.
(j) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(k) Height: maximum height of structure 45 feet.
(l) Adequacy of sewers: approval required.
(m) Thoroughfares: must be adequate.
(65) Residential district personal and professional services.
(a) Residential district personal and professional services special exception is limited to personal and business services that are allowed under the home occupation regulations. Excluded from this special exception are any retail business, motor vehicle repair business or any business involved in the fabrication, or manufacture of any product or craft or similar business.
(b) Development plan. To be submitted with application and shall include the following information. An accurate layout of the property including the location and dimension of all buildings, distance of buildings to property lines, proposed off-street parking area, proposed sign locations, sign elevation with sign dimensions and height of sign above grade, adjacent street(s) and alleys, legal on-street parking areas, adjacent properties with address and name of property owner.
(c) Number of employees. To be approved by the Board of Zoning Appeals at the public hearing.
(d) Parking. One space per employee, plus two client spaces per employee. The Board of Zoning Appeals may allow the substitution of legal on-street parking spaces for up to 50% of the required parking spaces in order to minimize the conversion of yard areas to gravel or paved parking areas. New parking areas must be visually screened from adjacent properties by a fence or vegetative screening.
(e) Hours of operation. Standard business hours, subject to modification only with the approval of the Board of Zoning Appeals at the public hearing.
(f) Signs. To be approved by the Board of Zoning Appeals at the public hearing. Signs must conform to the regulations governing home occupation signs.
(g) Spacing requirements. No Residential District Personal and Professional Services shall be located any closer than 750 feet from another Residential District Personal and Professional Services special exception.
(h) Any residential structures converted under this special exception are not eligible for special exception (33½) Non Conforming Buildings and Uses.
(i) The Board of Zoning Appeals may not approve a residential district personal and professional services special exception where approval would be in violation of any restrictive covenants or deed restrictions.
(j) This class of special exception must be renewed annually for the same fee as home occupations and expires upon the failure to annually renew the special exception permit.
(k) The permit is nontransferable and expires upon the sale of the property or on sale or termination of the business being operated under the special exception.
(66) Wind energy conversion systems.
(a) Title, purpose, and intent.
1. Title. This subdivision (F)(66) shall amend the county and city area zoning code and be known, cited and referred to as the wind energy siting ordinance.
2. Purpose. The purposes of this subdivision (F)(66) are to:
a. To assure that any development and production of wind-generated electricity in the county is safe and effective;
b. To facilitate economic opportunities for local residents;
c. To promote the supply of wind energy in support of the state’s alternative energy sources potential and other such economic development tools.
3. Intent. It is the intent of the wind energy conversion systems (WECS) siting regulations to provide a regulatory scheme for the construction and operation of WECS in the county; subject to reasonable restrictions, these regulations will preserve health and safety of the public.
(b) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The entity or person who submits to the county an application for the siting of any WECS or thereafter operates or owns a WECS.
FINANCIAL ASSURANCE. Reasonable assurance from a credit-worthy party, examples of which include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit or combinations thereof.
OPERATOR. The entity that is responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
OWNER. The entity or entities with an equity interest in the WECS(s), including their respective successors and assigns. OWNER does not mean the property owner from whom land is leased for locating the WECS (unless the property owner has an equity interest in the WECS), or any person or entity holding a security interest in the WECS(s) solely to secure an extension of credit, or a person foreclosing on such security interest provided that, after foreclosure, such person seeks to sell the WECS(s) within one year of such event.
SUBSTATION. The equipment that connects the electrical collection system of the WECS(s) and increases the voltage for connection with the utility's transmission lines.
SWEPT AREA. The diameter of the least circle encompassing all blades for a WECS.
SWITCHING STATION. An apparatus/structure in the system similar to a substation but not necessarily increasing voltage into the grid.
WIND ENERGY CONVERSION SYSTEM or WECS. All equipment together that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, wind tower, transformer, turbine, vane, wind farm collection system, electrical cabling, switching stations, meteorological towers, communications facilities, and other equipment as related to the WECS project.
(1) COMMERCIAL WECS/ LARGE WIND SYSTEM. A WECS with a name plate capacity (manufacturer's rating) of more than 100 kilowatts per wind tower or a total height of more than 140 feet, or a swept area of more than 40 feet. Any WECS meeting one or more of these criteria shall be considered a LARGE WIND SYSTEM/ COMMERCIAL WECS constructed for the purpose to generate electricity for the commercial sale on the electrical grid.
(2) MICRO-WECS. A building-mounted wind system with a nameplate capacity of 10 kilowatts or less, and which projects no more than 15 feet above the highest point of the roof, for the general purpose of providing energy to residential users, small businesses, and farm operations.
(3) NONCOMMERCIAL WECS/SMALL WIND SYSTEM. A WECS that has a nameplate capacity less than or equal to 100 kilowatts per wind tower, and a total height of 140 feet or less, and a swept area of 40 feet or less with the primary purpose of supplying energy to energy users such as commercial businesses, factories, schools, and single- and two-family residences.
WECS PROJECT. All permanently installed equipment access roads, drainage systems, and wind farm collection systems included in the WECS application.
WECS/WIND TOWER. Monopole, freestanding, or guyed structure that supports the energy capture, conversion, storage, and transfer components of a WECS. These wind towers are not attached to any building.
WECS/WIND TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the WECS foundation.
WIND FARM. Two or more large wind systems on a single property or aggregated properties that are part of the same WECS project.
WIND FARM COLLECTION SYSTEM. All the low-voltage wiring and cabling connecting any wind turbine with another wind turbine or to a place where voltage is stepped up, commonly known as a substation or switching station.
(c) App li c ability. The provisions of these wind energy conversion systems siting regulations are applicable to those districts which allow WECS, governing the siting of WECS and substations that generate electricity to be sold to wholesale or retail markets, or that generate electricity for private use.
(d) Prohibition. No entity shall construct, operate, or locate within the county a WECS without having fully complied with the provisions of the wind energy conversion systems siting regulations.
(e) Conflict with other regulations. Nothing in the wind energy conversion systems siting regulations is intended to preempt other applicable state and federal laws or regulations, including compliance with all Federal Aviation Administration (FAA) rules and regulations and shall comply with the notification requirements of the FAA. Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or provision of law. In the event that any provision of these regulations imposes restrictions different from any other ordinance, rule, regulation, statute, or provision of law, the provision that is more restrictive or that imposes higher standards shall govern.
(f) District regulations.
1. Location. Commercial, Non- Commercial, and Micro-WECS will be permitted, or not permitted, in various zoning districts as prescribed in this section and by the official schedule of uses (Figure 2).*
2. Height. Any Non- Commercial WECS or meteorological tower greater than 100 feet in height shall require a special exception use permit. Non-Commercial WECS exceeding 200 feet in total height shall be prohibited. For a Commercial WECS, there is no height limitation except for those height limitations imposed by FAA rules and regulations.
3. Horizontal extension. The furthest extension of a WECS (including guy wires) shall not extend into required yards (setbacks) or closer than 12 feet to any structure, or right-of-way easement for any above ground telecommunications, electrical transmission, or distribution line.
4. Commercial WECS/large Wind System. A Commercial WECS is permitted by special exception in the A-1 and A-2 zoning districts.
5. Micro-WECS. A Micro- WECS is allowed as a permitted use in all zoning districts.
6. Non-Commercial WECS/ Small Wind System.
a. 50 feet or less in height. A Non-Commercial WECS 50 feet or less in height is allowed as a permitted use in the A-1, A-2, I-1 and I-2 zoning districts. A Non-Commercial WECS 50 feet or less in height is allowed as a special exception in LB, GB, RS, R-1, R-2, R-3 and MS zoning districts on properties larger than one acre or more [sic] in size with a maximum of one Non-Commercial WECS per dwelling unit on properties of which the primary use is one or two-family residential.
b. More than 50 feet in height. A Non-Commercial WECS more than 50 feet in height is permitted as a special exception in all zoning districts on properties larger than 2 acres or more [sic] in size with a maximum of one Non- Commercial WECS per dwelling unit on properties of which the primary use is one or two-family residential.
7. Meteorological towers. Meteorological towers for the purpose of gathering wind data 50 feet or less in height are a permitted use in A-1 and A-2 districts and as a special exception in all other zoning districts. Meteorological towers more than 50 feet in height are permitted only as a special exception in all zoning districts.
(g) Setback requirements.
1. Minimum setbacks for WECS and meteorological towers.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM | |
Distance from a... | Minimum Setback Distance |
COMMERCIAL WIND ENERGY CONVERSION SYSTEM | |
Distance from a... | Minimum Setback Distance |
Property line measured from the center of the proposed WECS to the property line | 1.1 times the total height (where the blade tip is at its highest point) from non-participating land owners. The setback may be waved (in writing) by participating land owners for WECS on their property. |
Residential dwellings, measured from the center of the center of the proposed WECS to the nearest corner of the structure | 1,000 feet from non-participating land owners. The setback may be waved (in writing) by participating land owners for WECS on their property, but under no circumstances may be located nearer than 1.1 times the total height, provided that the distance is no less than 350 feet. |
Road right-of-way, measured from the center of the proposed WECS to the edge of the right-of-way | 1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 350 feet |
Other rights-of-way, such as railroads and utility easements, measured from the center of the proposed WECS to the edge of the right-of-way | 1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 350 feet |
Public conservation lands, public parks, measured from the center of the proposed WECS to the nearest point of the public conservation land or park | 750 feet |
Wetlands measured from the center of the proposed WECS to the nearest point of the wetland in question | As determined by a permit obtained from the Army Corps of Engineers |
Whitewater River | One-half mile from the center of the proposed WECS to the shoreline |
Streams as identified on FEMA Flood Hazard Maps and all other drainageways under the authority of the Fayette County Drainage Board | 150 feet from each stream or drainage ditch bank or 150 feet to each side of the centerline of a drainage tile |
Incorporated limits of a municipality measured from the center of the proposed WECS to the corporate limits | 1,500 feet |
NON-COMMERCIAL WIND ENERGY CONVERSION SYSTEM and MICRO-WECS | |
Distance from a... | Minimum Setback Distance |
NON-COMMERCIAL WIND ENERGY CONVERSION SYSTEM and MICRO-WECS | |
Distance from a... | Minimum Setback Distance |
Property line measured from the center of the proposed WECS to the property line | 1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 150 feet |
Neighboring residential dwellings, measured from the center of the center of the proposed WECS to the nearest comer of the structure | 1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 150 feet |
Road right-of-way, measured from the center of the proposed WECS to the edge of the right-of-way | 1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 150 feet |
Other rights-of-way, such as railroads and utility easements, measured from the center of the proposed WECS to the edge of the right-of-way | 1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 150 feet |
Public conservation lands, public parks, measured from the center of the proposed WECS to the nearest point of the public conservation land or park | One quarter of a mile |
Wetlands measured from the center of the proposed WECS to the nearest point of the wetland in question | As determined by a permit obtained from the Army Corps of Engineers |
Whitewater River or its subsidiaries measured from the center of the proposed WECS to the shoreline | One quarter of a mile |
METEOROLOGICAL TOWERS | |
Distance from a... | Minimum Setback Distance |
Property line measured from the center of the meteorological tower to the property line | 1.1 times the total height, provided that the distance is no less than 150 feet |
Neighboring residential dwellings, measured from the center of the center of the meteorological tower to the nearest corner of the structure | 1.1 times the total height |
Road right-of-way, measured from the center of the meteorological tower to the edge of the right-of-way | 1.1 times the total height provided that the distance is no less than 150 feet |
Other rights-of-way, such as railroads and utility easements, measured from the center of the meteorological tower to the edge of the right-of-way | 1.1 times the total height provided that the distance is no less than 150 feet |
2. Reciprocal residential setback. The setback for residential dwellings shall be reciprocal in that no residential dwelling shall be constructed within 1,000 feet of a Commercial WECS.
3. Future road rights-of-way. The setback shall be measured from future rights-of- way if a planned road improvement of expansion is known at the time of the application.
4. Substations and accessory facilities. Minimum setback standards and feeder lines shall be consistent with standards for essential services.
(h) Safety design and installation standards.
1. Equipment type.
a. Turbines. All turbines shall be constructed of new, commercially available equipment.
b. Meteorological towers. Meteorological towers may be guyed.
c. Used, experimental or proto-type equipment. Experimental or proto-type equipment still in testing may be approved by the Board of Zoning Appeals per the special exception use process established by this subdivision (F)(66).
2. Industry standards and other regulations. All WECS shall conform to applicable industry standards. An applicant shall submit certificate(s) of design compliance that wind turbine manufacturers have obtained from Underwriters Laboratories, Det Norske Veritas, Germanishcher Lloyd Wind Energie, or an equivalent third party.
3. Controls and brakes. All WECS shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Stall regulation shall not be considered a sufficient braking system for over speed protection. All mechanical brakes shall be operated in a fail-safe mode.
4. Electrical components.
a. Standards. All electrical components of all WECS shall conform to applicable local, state, and national codes, and relevant national and international standards.
b. Electrical collection cables. All electrical collection cables between each WECS shall be located underground unless they are located on public or utility rights-of-way or with prior approval by the County Area Board of Zoning Appeals.
c. Transmission lines. All transmission tines that are buried should be at a depth consistent with or greater than local utility and telecommunication underground lines standards, or of a greater depth as negotiated with the land owner or the land owner's designee until the same reach the property line or a substation adjacent to the property line.
5. Color and finish. In addition to all applicable FAA requirements, the following shall apply.
a. Wind turbine and towers. All wind turbines and towers and blades shall be painted white or gray or another non-reflective, unobtrusive color. Blades may be black to facilitate deicing.
b. Exceptions. Exception may be made for meteorological towers, where concerns exist relative to aerial spray applicators.
6. Warnings.
a. Towers, transformers, and substations. For all Commercial WECS, a sign or signs shall be posted on the tower, transformer, and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point.
b. Guy wires and anchor points. For all guyed towers, visible and reflective, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to eight feet above the ground. In addition, visible fencing not less than four feet in height shall be installed around anchor points of guy wires.
c. Noncommercial and Micro-WECS. For all Noncommercial or Micro- WECS, a sign or signs shall be posted warning of high voltage at a height of five feet on towers and accessory structures, “no trespassing” signs shall be attached to any perimeter fence, emergency contact information, a clearly labeled manual electrical, and/or over speed shutdown switch(es).
7. Climb prevention. All Commercial WECS tower designs shall include features to deter climbing or be protected by anti- climbing devices such as:
a. Fences with locking portals at least six feet in height; or
b. Anti-climbing devices 15 feet vertically from the base of the WECS tower.
c. Locked WECS tower doors.
8. Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on all WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
9. Lighting.
a. Intensity and frequency. All lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations.
b. Strobe lights. Red strobe lights shall be required for night-time illumination to reduce harm to migrating birds. Red pulsating incandescent lights are expressly prohibited.
c. Shielding. Except with respect to lighting required by the FAA, all lighting shall be shielded so that no glare extends beyond the boundaries of any WECS.
10. Materials handling, storage, and disposal.
a. Solid wastes. All solid waste whether generated from supplies, equipment, parts, packaging, operation or maintenance of the facility, including old parts and equipment related to the construction, operation, and/or maintenance of any WECS, shall be removed from the site promptly and disposed of in accordance with all applicable federal, state, and local laws.
b. Hazardous materials. All hazardous materials or waste related to the construction, operation, and/or maintenance of any WECS shall be handled, stored, transported, and disposed of in accordance with all applicable federal, state and local laws.
(i) Other applicable standards.
1. Guyed wire anchors. No guyed wire anchors shall be allowed within any required road right-of-way setback.
2. Sewer and water. All WECS shall comply with the existing septic and well regulations as required by the county health department and/or the state Department of Public Health.
3. Noise and vibration. Noise level of Non-Commercial WECS shall be no greater than 60 decibels measured from the nearest residence. This level may only be exceeded during short-term events such as utility outages and/or severe windstorms. All other noise and vibration levels shall be in compliance with all county, state, and federal regulations.
4. Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as prescribed by the applicable regulations of electrical utility, as amended from time to time.
5. Feeder lines. With the exception of setback distances, feeder lines installed as part of any WECS shall not be considered essential service. To wit, all communications and feeder lines installed as part of any WECS shall be buried underground.
6. Dust control. Reasonable dust control measures will be required by the county during construction of the WECS.
7. Other appurtenances. No appurtenances other than those associated with the wind turbine operations shall be connected to any wind tower except with the express, written permission by the Board of Zoning Appeals.
8. Avoidance and mitigation of damages to public and private infrastructure. Prior to construction an applicant, owner, or operator proposing to use any county road(s) for the purpose of transporting Commercial WECS or substation parts and/or equipment for the construction, operation, or maintenance to the WECS project area shall comply with the following requirements.
a. Identification of roads and services. Identify all roads and services to the extent that any proposed routes that will be used for construction and maintenance purposes shall be identified. These roads shall be included in the transportation plan submitted as a special exception submission requirement which must be approved by the county highway department prior to the issuance of any improvement location permit. If the route includes a public road it must be approved by the county highway department. The county highway department shall conduct a preconstruction baseline survey to determine existing road conditions for assessing potential future damage as part of its approval of the transportation plan.
b. Road repairs. Any road damage caused by the construction of project equipment, the installation of same, or the removal of same, shall be repaired to the satisfaction of the county highway department superintendent and shall conform to the officially adopted county infrastructure construction standards. The superintendent may choose to require either remediation of road repair upon completion of the project or is authorized to collect fees for oversized load permits. Further, a corporate surety bond in an amount to be fixed by a professional engineer may be required by the county Board of Commissioners to insure the county that future repairs are completed to the satisfaction of county. The cost of bonding is to be paid by the applicant.
c. Drainage system damage. The owner/operator shall be responsible for repairs of any damage to public drainage systems or private drainage systems, including field tiles stemming from construction, operation, or maintenance of a Commercial WECS within 60 days of the date damage occurred or was otherwise discovered.
4. Storm water management. Newly constructed Commercial WECS access roads may not impede the flow of water.
5. Signage. These sign requirements are in addition to § 153.37 (Signs).
i. Surface area. No sign shall exceed 16 square feet in surface area.
ii. Height. No sign shall exceed 8 feet in height.
iii. Manufacturer's or owner’s company name and/or logo. The manufacturer’s or owner’s company name and/or logo may be placed upon the compartment containing the electrical equipment.
iv. Development signs. No more than two identification signs relating to the development shall be located on the project site.
v. Other signs and logos. No other advertising signs or logos shall be placed or painted on any WECS.
(j) Operation and maintenance.
1. Physical modifications. Any physical modification to any WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification. Like-kind replacements shall not require re- certification. Prior to making any physical modification the owner or operator shall confer with area plan commission/building department staff to determine whether the physical modification requires re-certification.
2. Inspections. Inspections, at a fee to be determined from time to time by the county area plan commission and paid by the applicant, may be made by the county area plan commission/building department, or by a qualified inspector for equipment of this type selected by the county area plan commission/building department, no more than once annually to certify the safety and maintenance of the WECS, and accessory structures.
3. Interference. No WECS shall be constructed so as to interfere with any county, state, or federally owned and operated microwave transmissions. The applicant, owner, and/or operator shall minimize and if necessary mitigate interference with electromagnetic communications such as radio, telephone, microwaves, or television signals caused by any WECS. In addition the applicant, owner, and/or operator shall:
a. Notification of existing communication tower owners. The applicant shall identify and notify the operators of all existing communication tower owners within two miles of the proposed WECS upon application to the county for permits.
b. Mitigating interference following a complaint. If after construction of the WECS, the tower owner or operator receives a written complaint related to interference with local broadcast residential television, telecommunication, communication, or microwave transmissions, the owner or operator shall take reasonable steps to mitigate said interference.
c. Failure to remedy a complaint. If the interference is not remedied within 90 days, the WECS shall remain inactive until the interference is remedied. Remedies may include relocation or removal.
4. Declaration of public nuisance. Any WECS thereof declared to be unsafe by the county area plan commission/building department by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, damage, or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in these regulations.
5. Operation and maintenance summaries and report. The owner or operator of a Commercial WECS shall submit on an annual basis a summary of the operation and maintenance reports to the county area plan commission. The owner or operator shall also make available operation and maintenance report as the county reasonably requests.
6. Access to the site and facility. The county area plan commission/building department staff, along with licensed third party professionals retained by the county for the specific purpose of conducting inspections of the Commercial WECS, shall have the right, at any reasonable time and with sufficient prior notice, to accompany the owner or operator, or his or her agent, on the premises where a Commercial WECS has been constructed, to inspect all parts of said Commercial WECS installation, and to require that repairs or alterations be made. The owner or operator of a Commercial WECS may retain a licensed third party professional engineer familiar with Commercial WECS systems to prepare and submit to county area plan commission/building department staff a written report which addresses the repairs or alterations requested, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary, within 30 days after receiving notice from the county area plan commission/building department staff that repairs or alterations are requested, or within a longer period of time mutually acceptable to both parties county area plan commission/building department staff will consider any such written report and determine whether the repairs or alterations should be made as originally requested or as suggested in the written report. In the event of a dispute between the county area plan commission/building department staff and the owner or operator, or operator's third party professional engineer, as to the repairs or alterations which are required, the decision of the county area plan commission/building department shall be final.
7. As-built plans requirement. Where upon the completion of all development, the exact measurements of the location of utilities and structures erected during the development are necessary for public record and shall therefore be recorded. The applicant, owner, or operator shall submit a copy of the final construction plans (as-built plans), as amended, to the executive director with exact measurements shown. Two sets on either CD or DVD discs of the geographic data included in the as- built drawings in a GIS format and database approved by the county surveyor's office shall be submitted to the executive director. The executive director, after being satisfied that the measurements are substantially the same as indicated on the originally approved final plans, shall date and sign said as-built plans for the project, which the applicant, owner, or operator shall then record.
8. Change in ownership. It is the responsibility of the owner or operator listed in the application to inform the executive director of all changes in the ownership and operation during the life of the project, including the sale or transfer of ownership or operation.
(k) Decommissioning plan.
1. To be submitted with the special exception application, the applicant, owner, and/or operator must formulate a decommissioning plan outlining the anticipated means and cost of removing a WECS at the end of its serviceable life or upon becoming a discontinued or abandoned use to ensure that the WECS is properly decommissioned.
2. A decommissioning plan shall include at a minimum, language to the following:
a. Assurance. Assurance that the facilities will be properly decommissioned upon the end of project life or in the event that the facility is abandoned.
b. Cost estimates. The applicant shall provide a contractor cost estimate for demolition and removal of the WECS facility. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning, or a person with suitable experience with decommissioning WECS.
c. Financial assurance. Applicant shall provide financial assurance after the BZA approves a special exception petition and prior to the issuance of the improvement location permit in the amount at least equal to said demolition and removal contractor cost estimate through use of a bond, letter of credit, or other security acceptable to the county for the cost of decommissioning each tower constructed under the permit. Said security will be released when each tower is properly decommissioned as determined by the county area plan commission/building department.
d. Discontinuation and abandonment.
i. Discontinuation. All WECS shall be considered a discontinued use after one year without energy production unless a plan is developed and submitted to the county area plan commission/building department outlining the steps and schedule for returning the WECS to service.
ii. Abandonment by the property owner. In the event of abandonment by the owner or operator, the applicant will provide an affidavit to the county area plan commission/building department representing that all easements for wind turbines shall contain terms that provide financial assurance, including access to the salvage value of the equipment, for the property owners to ensure that facilities are properly decommissioned within one year of expiration or earlier termination of the project.
iii. Removal. An applicant's obligations shall include removal of all physical material pertaining to the project improvements to a depth of 48 beneath the soil surface within 365 days of the discontinuation or abandonment of the facility, and restoration of the project area to as near as practicable the condition that existed immediately before construction of such improvements by the owner or by the county at the owner's expense.
iv. Written notices. Prior to implementation of the existing procedures for the resolution of such default(s), the county area plan commission shall first provide written notice to the owner and operator, setting forth the alleged default(s). Such written notice shall provide the owner and/or operator a reasonable time period, not to exceed 60 days, for good faith negotiations to resolve the alleged default(s).
v. Unresolved defaults. If the county determines, at its discretion, that the parties cannot resolve the alleged default(s) within the good faith negotiation period, the existing county ordinance provisions addressing the resolution of such default(s) shall govern.
vi. Costs incurred to county. If the county removes a tower and appurtenant facilities, it may sell the salvage to defray the costs of removal. By approval, the permittee or grantor grants a license to the county to enter the property to remove a tower to the terms of an approved decommissioning plan.
(l) Liability insurance. The owner or operator of any WECS shall maintain a current general liability policy covering bodily injury and property damage and name the county as an additional insured with dollar limits per occurrence, in the aggregate, and a deductible which is suitable to the county.
(m) WECS application submission requirements and procedures. Permits and variances shall be applied for and reviewed under the procedures established by this subdivision (F)(66), except that applications for a WECS shall also include the following information:
1. Commercial WECS special exception application. An application for a Commercial WECS special exception shall include the following information:
a. Contact information of project applicant. The name, address, and phone number of all applicants, as well as a description of the applicant's business structure and overall role in the proposed project.
b. Contact information of project owner. The name, address, and phone number of all owners, as well as a description of the owner's business structure and overall role in the proposed project, including documentation of land ownership or legal control of property on which the WECS is proposed to be located.
c. Contact information of project operator. The name, address, and phone number of all operators, as well as a description of the operator's business structure and overall role in the proposed project.
d. Legal description. The legal description, address, and general location of all parcels included in the project.
e. Project description. WECS project description, including to the extent possible information on each wind turbine proposed, including:
i. Number of WECS towers.
ii. Type of WECS.
iii. Name plate generating capacity of each WECS.
iv. Tower height(s).
v. Rotor diameter(s).
vi. Total height(s).
vii. Anchor base.
viii. The means of interconnecting with the electrical grid.
ix. The potential equipment manufacturer(s).
x. All related accessory structures.
f. Site plan. Three copies of the site plan drawn to scale and submitted on 36 × 24 sheets of paper, velum, or mylar. The site plan for a Commercial WECS shall include the following information:
i. Property lines, including identification of adjoining properties.
ii. The proposed location for each WECS and substation, including the dimensional representation of each tower base and footings.
iii. The latitude and longitude of each individual wind turbine (for GIS mapping).
iv. WECS access roads.
v. Substations.
vi. Electric cabling.
vii. Ancillary equipment.
viii. Primary structures within one-quarter mile of all proposed WECS.
ix. Required setback lines.
x. Location of all public roads which abut or traverse the proposed site.
xi. The location of all above ground utility lines within a distance of two times the height of any proposed WECS structure.
xii. The location of any historic or heritage sites as recognized by the Division of Historic Preservation and Archaeology of the state Department of Natural Resources within one mile of a proposed WECS.
xiii. The location of any wetlands based on a delineation plan prepared in accordance with the applicable U.S. Army Corps of Engineers requirements and guidelines within one mile of a proposed WECS.
xiv. Any other item reasonably requested by the Board of Zoning Appeals.
g. Topographic map. A topographic map, or map with similar data, of the project site showing the location of all WECS towers, and the surrounding area which shall encompass an area at least a quarter mile radius from the proposed project site.
h. Proposed transportation plan. Identify all roads and services to the extent that any proposed routes that will be used for construction and maintenance purposes shall be identified. If the route includes a public road it must be approved by the county highway department. As part of the approval, the applicant shall conduct a pre- construction baseline survey acceptable to the county highway superintendent to determine existing road conditions for assessing potential future damage or locations of road improvements necessary to access WECS project sites. The survey shall include photographs, or video, or a combination thereof, and a written agreement to document the condition of the public facility.
i. Proposed drainage plan. A drainage plan developed in consultation with the county drainage board and the county surveyor.
j. Proposed erosion control plan. An erosion control plan developed in consultation with the Natural Resources Conservation Services.
k. Proposed utility plan. A utility plan drawn to the same scale as the site plan identifying the location of all underground utility lines associated with the proposed WECS project.
l. FAA permit application. Verification of application of entire WECS project area submitted to FAA.
m. Location of all known WECS within five miles of the proposed WECS.
n. Location of all known communications towers within five miles of the proposed WECS.
o. Decommissioning plan. A decommissioning plan as prescribed by this subdivision (F)(66)(k).
2. Application for Commercial WECS improvement location permit. Following the issuance of the special exception permit the following additional information is required for the issuance of an improvement location permit and any associated building permits.
a. Contact information of project applicant. The name, address, and phone number of all applicants.
b. Contact information of project owner. The name, address, and phone number of all owners.
c. Contact information of project operator. The name, address, and phone number of all operators.
d. Contact information of property owner. The name, address, and phone number of the property owner on which an individual WECS tower will be located.
e. Legal description. The legal description, address, and general location of all parcels on which an individual WECS tower will be located.
f. Construction drawings. Three sets of construction and design documents including all structural, electrical component, and accessory structures prepared by a qualified licensed engineer.
g. Engineering certification. For all WECS, the manufacture's engineer or another qualified registered professional engineer shall certify, as part of the building permit application, that the turbine, foundation, and tower design of the WECS is within accepted professional standards, given local soil and climate conditions. An engineering analysis of the tower showing compliance with applicable regulations and certified by a licensed professional engineer shall also be submitted. The analysis shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. Industry standards certificate of design compliance referenced in subdivision (F)(66)(h) of this WECS siting regulation.
h. Transportation plan. As approved by the county Board of Commissioners.
i. Drainage plan. As approved by the county drainage board.
j. Erosion control plan. Approved Rule 5 compliant erosion control plan.
k. Dust control plan. This plan shall include reasonable dust control measures during the construction of a Commercial WECS.
l. Utility plan. As approved by the electric utility operating the transmission lines included in the WECS project.
m. FAA application. Copy of letter from the FAA approving the application.
3. Non-Commercial WECS special exception application. An application for a Non-Commercial WECS special exception shall include the following information:
a. Contact information of project applicant. The name, address, and phone number of all applicants, as well as a description of the applicant's business structure and overall role in the proposed project.
b. Contact information of property owner. The name, address, and phone number of the property owner/business owner.
c. Contact information of project contractor(s). The name, address, and phone number of all contractors and the role of each contractor in the proposed project.
d. Legal description. The legal description and address of the parcel on which the WECS is located.
e. Project description. A WECS project description, as per the special exception project description requirements of Subdivision (F)(66)(m)1.e of this section, including to the extent possible information on each wind turbine included in the project.
f. Site plan. Three copies of the site plan drawn to scale and submitted on 36 × 24 sheets of paper, velum, or mylar which shall include the following information:
i. Property lines, including identification of adjoining properties.
ii. Roads adjacent to the property on which the proposed WECS is to be located.
iii. The proposed location for each WECS, including the dimensional representation of each tower base and footings.
iv. Required setback lines.
v. Any other item reasonably requested by the Board of Zoning Appeals.
4. Non-Commercial WECS/ Micro-WECS improvement location permit application. An application for a Non-Commercial WECS or Micro-WECS improvement location permit application shall include the following information:
a. Contact information of project applicant. The name, address, and phone number of the applicants.
b. Contact information of property owner. The name, address, and phone number of the property owner/business owner.
c. Contact information of project contractor(s). The name, address, and phone number of all contractors and the role of each contractor in the proposed project.
d. Legal description. The legal description and address of all parcels included in the project.
e. Project description. A WECS project description, including to the extent possible information on each wind turbine proposed, including:
i. Number of WECS towers.
ii. Type of WECS.
iii. Name plate generating capacity of each WECS.
iv. Tower height(s).
v. Rotor diameter(s).
vi. Total height(s).
vii. Anchor base.
viii. The potential equipment manufacturer(s).
f. Site plan. Three copies of the site plan drawn to scale and submitted on 36 × 24 sheets of paper, velum, or mylar, which shall include the following information:
i. Property lines, including identification of adjoining properties.
ii. Roads adjacent to the property on which the proposed WECS is to be located.
iii. The proposed location for each WECS, including the dimensional representation of each tower base and footings.
iv. Required setback line.
g. Construction drawings. Three sets of construction and design documents including all structural and electrical components prepared by a qualified licensed engineer.
(n) Aggregated project applications. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearing, reviews, and, as appropriate, approvals with regards to special exception applications, special exception permits, and improvement location permits.
(o) Permits and fees.
1. Aggregated projects. Joint applications will be assessed fees as one project in accordance with the WECS fee schedule. Permits for each WECS tower will be issued and recorded separately.
2. Fees.
b. Improvement location permit fees. See § 153.44 (Filing Fees and Forms) of the county area zoning code.
c. Building permit fees. See the appropriate county ordinance.
d. Additional and/or special inspection fees. See § 153.44 (Filing Fees and Forms) of the county area zoning code.
(67) Confined feeding operation (CFO) - special exception in A-1 and A-2 zoning districts.
(68) Solar energy, large scale and solar farms. See § 153.23(D) Solar Energy Systems for special exception requirements.
(69) Tier 3 Home Based Business.
(a) Area parcel map showing all parcels within ½ mile of proposed home based business.
(b) List of all owners within ½ mile of proposed home based business including all parcels on other side of road, railroad tracks, or bodies of water.
(c) Detailed site plan with dimensions of parking area, number and location of proposed parking spaces, dimensioned floor plan of structure, location of home based business with dimensions and square footage, location and dimension of signs.
(d) Written description of proposed home based business and hours of operation.
(Ord. 3095, passed 2-15-93; Am. Ord. 3486, passed 8-19-96; Am. Ord. 4631, passed 6-6-05; Am. Ord. 4633, passed 6-20-05; Am. Ord. 4874, passed 2-20-07; Am. Ord. 5070, passed 7-20-09; Am. Ord. 5264, passed 7-5-11; Am. Ord. 6075, passed 5-6-13; Am. Ord. 6769, passed 9-7-21; Am. Ord. 6851, passed 7-18-22; Am. Ord. 6913, passed 12- -22) Penalty, see §
153.99