(A) Intent. This section is intended to safeguard the public health, safety, and general welfare of those persons within Hancock County who rely on public and/or utility-operated wellfields for clean, safe drinking water. These regulations are intended to prevent land uses and certain development practices that commonly have the potential to degrade water quality by introducing chemicals, organic hazards, and other potentially harmful elements into the ground water system within the five-year capture area of the wellfields. This includes the introduction of hazardous materials into the area, the creation of hazardous by-products from onsite activities, and the alteration of the land in a manner that increases the exposure of the ground water system to potential contaminants.
(B) Boundaries and exemptions. The Wellfield Protection Overlay District (WP-OL) shall apply to all properties as indicated on the official zoning map of Hancock County, but shall generally conform to the boundaries of the five-year wellfield capture areas within the county's jurisdiction (as updated periodically).
(C) Uses. All uses permitted in the underlying district(s) are permitted in the Wellfield Protection Overlay District; and all uses that are special exceptions in the underlying district(s) are special exceptions in the Wellfield Protection Overlay District unless specifically noted otherwise below.
(1) Prohibited uses. The following uses shall be prohibited in the Wellfield Protection Overlay District (see the land use matrix set forth in § 156.021 for detailed use listings):
(a) Agriculture uses. Agricultural chemicals, products sales, distribution, and storage facility; farm (confined feeding); farm equipment sales and service; greenhouse (commercial); and livestock auction/sales facility.
(b) Communications/utility uses. Sewage treatment plant.
(c) Park uses. Campground/RV park; driving range (as a primary use); golf course and/ or country club (including driving range).
(d) Institutional/public uses. Airport; animal shelter; fairgrounds; government facility (non-office); heliport; hospital/medical center; and medical clinic.
(e) Commercial uses. Auto-oriented uses (small scale); auto-oriented uses (medium scale); auto-oriented uses (large scale); mass transit terminal/station (excluding a public bus stop); kennel; fireworks sales (permanent); and truck stop/travel center.
(f) Industrial uses. Animal and animal products processing; boat/RV storage facility (outdoor); concrete/asphalt production facility; contractor's warehouse/storage facility; food and beverage production; general industrial production; hazardous materials production; light industrial assembly and distribution; light industrial processing and distribution; mineral extraction and processing; research and development facility; truck freight terminal; truck sales and service center; and waste disposal facility.
(2) Uses not specified. The Plan Commission, through the site development plan review process, may also prohibit or impose conditions on other uses not listed in division (C)(1) above that are reasonably demonstrated to pose a hazard to the drinking water supply due to chemicals used onsite or by-products of onsite activities. Some examples of this type of use may include building cleaning or maintenance service companies, engineering or vocational shops or laboratories, landscape or lawn installation or maintenance services, and mortuaries.
(D) Development standards. All development within the boundaries of the Wellfield Protection Overlay District shall comply with all applicable state, federal, and local regulations, in addition to the following development standards.
(1) Abandoned wells. All known abandoned wells shall be identified and sealed consistent with any applicable requirements of the County Engineer.
(2) Surface water impoundments.
(a) No surface impoundments, ponds, or lagoons shall be established except for the purpose of:
1. Storm water retention and detention ponds, or
2. Recreation and landscaping purposes.
(b) All detention and retention ponds shall be constructed in a manner that provides an effective barrier to the migration of potential contaminants into the ground water and in accordance with the Stormwater Drainage Ordinances of Hancock County or McCordsville.
(3) Public sewer service. All development, with the exception of a single-family residence located on a lot of at least two acres, shall be connected to a public sewer. All floor drains must be routed to a temporary holding area for future removal or as otherwise permitted by the Planning Director.
(4) Trash and recycling containers. All non-residential trash and recycling containers shall be located on hard-surfaced areas that drain to a public storm sewer.
(5) Storage and transfer of potential contaminants. All areas that may be used for the storage and/or transfer of potential ground water contaminants shall be constructed in a manner to prevent any release from the area from reaching the ground water. The containment area shall be capable of, at a minimum, containing 110% of the potentially hazardous material for which the area has storage and transfer capacity.
(6) Auto repair facilities. All vehicle and auto repair facilities shall be located within an enclosed building that includes a floor constructed of material that forms an effective barrier to prevent the migration of fluids or other materials into the ground water.
(Ord. 2007-1B, passed 2-5-07)