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(A) Intent. The I-I: Light Industrial Districts are established to encourage development of assembly and processing facilities which may require limited amounts of outside storage. These activities require extensive community facilities, and excellent access to arterial streets or collector streets. Permitted uses in this district may have limited outdoor storage/service areas and may generate heavy traffic, but such operations shall be subject to specific development standards.
(B) Permitted uses.
(1) Primary uses.
(a) Administrative uses:
1. Corporate headquarters; and
2. Offices any type (no ancillary retail or service-commercial components).
(b) Agricultural uses:
1. Commercial greenhouse;
2. Cropland, orchards or animal husbandry;
3. Plant nursery; and
4. Accessory uses related thereto.
(c) Communications/utilities:
1. Data processing/analysis;
2. Telecommunication tower; and
3. Telephone exchange.
(d) Educational use:
1. School, commercial;
2. Trade or business; and
3. Industrial training facility.
(e) Food sales and service: wholesale produce terminal;
(f) Industrial uses:
1. Assembly of previously manufactured parts, sub-assemblies or components;
2. Distribution center;
3. Engineering laboratories;
4. Light assembly or repair of previously manufactured parts:
a. Appliances: light; portable; household;
b. Bicycles, motorcycles or parts;
c. Cabinets;
d. Carpets/rugs;
e. Clocks and watches;
f. Cloth products from finished cloth (i.e., apparel);
g. Communication equipment and assembly;
h. Computers, computer equipment;
i. Containers;
j. Cosmetics;
k. Electric hand tools;
l. Electric motors;
m. Electrical components and sub-assemblies;
n. Ice or dry ice;
o. Jewelry (including engraving);
p. Leather products from finished leather;
q. Light component parts of products;
r. Office equipment including assembly;
s. Office machinery, electrical and mechanical;
t. Optical goods;
u. Paper box and paper products from finished paper;
v. Recording instruments;
w. Signs; and
x. Textiles.
5. Research laboratories; and
6. Warehouse.
(g) Miscellaneous:
1. Dental laboratory;
2. Engraving (non-retail);
3. Mail order distribution;
4. Offices, in conjunction with a use permitted by this section;
5. Printing, publishing;
6. Upholstery; and
7. Business.
(h) Governmental use:
1. Fire station;
2. Police station; and
3. Post office.
(i) Miscellaneous:
1. Artificial lake; and
2. Self-storage (mini-) warehouse wholesale (not permitted within the U.S. Highway 421-Michigan Road Corridor Overlay District).
(2) Special exception uses.
(a) Communication/utilities:
1. Public utility substation; and
2. Public wells.
(b) Public facilities:
1. Recycling facility;
2. Resource recovery facility; and
3. Transfer station.
(C) Development standards.
(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.
(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 75 feet on a public street.
(3) Yards and setbacks.
(a) Front:
1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:
Street Classification | Front Yard | Front Bufferyard |
Collector street | 40 feet* | 50 feet* |
Limited access street | 50 feet* | 50 feet* |
Local street/cul-de-sac other street | 40 feet* | 50 feet* |
Primary arterial street | 50 feet* | 50 feet* |
Secondary arterial street | 40 feet* | 50 feet* |
NOTES TO TABLE: * See division (F) below. |
2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.
(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:
1. Minimum side yard: 20 feet;
2. Minimum side bufferyard: 30 feet;
3. Minimum rear yard: 20 feet; and
4. Minimum rear bufferyard: 30 feet.
(4) Use of minimum yards and bufferyards. All minimum yards and bufferyards shall be landscaped with grass, trees, shrubbery or hedge, or in combination with other suitable ground cover materials and shall remain free from structures, except where expressly permitted below.
(a) Minimum front yards and bufferyards may include driveways and shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(b) Minimum side and rear yards may include interior access driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(c) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(5) Maximum building height. 35 feet.
(11) Outside storage and operations.
(a) Operations. All operations, servicing and processing located within 600 feet of any R district boundary or any SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.
(b) Storage. All storage of materials or products within 600 feet of any R district or any SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary shall be either:
1. Within completely enclosed buildings; or
2. Effectively screened within a lattice slatted, chain link, wood shadow box or similar type fenced area, with ornamental, non-solid or chain link gates. The height of said fence shall be at least six feet and shall not exceed eight feet. Materials or products stored within the enclosure shall not exceed the height thereof. The storage area shall be surrounded by landscaping installed in compliance with the provisions of § 194.109 of this chapter for Level B bufferyard and perimeter yard landscaping.
(c) Amount of outside storage and operations. The total area devoted to outside storage and operations shall not exceed 25% of the gross floor area of enclosed structures or buildings on the lot.
(D) Development plan approval required. All lots in an I-1 District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.125 through 194.128 of this chapter.
(1) Architectural design.
(a) Building design. Any portion of a lot which is within 400 feet of the right-of-way of any street identified in the transportation plan by its functional classification (§ 194.186 of this chapter), as a primary, secondary or collector street, any new building or building addition shall be designed to incorporate the salient features of and be consistent with or complementary to the Zionsville theme, incorporating the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles. (See also division (E) below.)
(b) Building materials. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below on any facade of the building that is visible from a street.
1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material) shall be utilized for any facades visible from a street.
2. The primary building material for any facade visible from the street shall be one of the following:
a. Brick;
b. Architectural concrete, if the surface of the architectural concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite);
c. Pre-cast concrete, if the surface of the pre-cast concrete is:
i. Painted;
ii. Textured (e.g., rough, striated, imprinted with a pattern or form); or
iii. Designed to simulate brick or stone (examples include, but are not limited to, limestone, marble or granite);
d. External insulation and finish system (E.I.F.S.); or
e. Stone.
3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.
4. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements, (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (E) below.)
(c) Roofs.
1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.
2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.
3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.
(d) Entrances. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the building.
(e) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the window opens and the trim around the window shall be consistent with the selected architectural style of the building.
(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:
1. Complement the building’s architectural style, building materials, colors and details;
2. Do not conceal architectural features (such as cornices. columns, pilasters or decorative details);
3. Do not impair facade composition; and
4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.
(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.
(E) Waiver of development requirements.
(1) Building design findings. The Plan Commission may grant a waiver of the building design development requirements of division (D) above and approve a building design which does not incorporate the salient features of the Zionsville theme, or incorporate the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:
(a) The building design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;
(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;
(c) The building design is consistent with and compatible with other development located along the street; and
(d) The proposed building is consistent with the intent and purpose of this chapter.
(2) Building materials findings. The Plan Commission may grant a waiver of the building materials development requirements of division (D) above and approve the use of alternate exterior building materials on any facade of a building that is visible from a street upon finding that:
(a) The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the building and will not be detrimental to the use or value of area properties;
(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;
(c) The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of, other buildings and development located along the street; and
(d) The building materials utilized are consistent with the intent and purpose of this chapter.
(F) Development incentives.
(1) Front yard and front bufferyard reduction.
(a) Purpose. In order to facilitate urban development and improve quality of landscaping in the built environment, the depth of a required front yard or front bufferyard may be reduced as follows, if such reduction is approved by the Plan Commission in connection with the review and approval of a development plan.
(b) Minimum. The minimum front yard and front bufferyard may be reduced to a minimum of:
1. Front yards: 20 feet; and
2. Front bufferyards: 30 feet; provided, however, that, the landscaping required for said yard shall be increased as follows:
a. Front yards: to Level A landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; and
b. Front bufferyards: to a Level C, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C.
(c) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:
1. The level of landscaping within the required [(i) front yard, (ii) front bufferyard] shall meet or exceed [(i) Level A, (ii) Level C] landscaping, per the landscaping requirements of § 194.109 of this chapter and the building shall be placed at the reduced setback line;
2. The proposed development is appropriate to the site and its surroundings; and
3. The proposed development is consistent with the intent and purpose of this chapter.
(2) Use of required side and rear yards in integrated centers or industrial parks.
(a) Purpose. In order to facilitate urban development and to enhance the quality or landscaping in the built environment, the Plan Commission may, in connection with the review and approval of a development plan, approve the use of required side and rear yards which abut other required side or rear yards of lots located within the same integrated center or industrial park for parking areas, loading areas, interior drives, interior access drives or outdoor storage.
(b) Findings. The Plan Commission may approve such use of required side and rear yards only upon finding that:
1. The level of landscaping within the required [(i) front yard, (ii) front bufferyard] shall meet or exceed [(i) Level A, (ii) Level C] landscaping, per the landscaping requirements of § 194.109 of this chapter;
3. The plant unit value contained in such enlarged foundation planting areas shall have been increased to Level B Plantings as set forth in § 194.109 of this chapter, Table B;
4. The proposed development is appropriate to the site and its surroundings; and
5. The proposed development is consistent with the intent and purpose of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 2.30; Ord. 2016-04, passed 4-5-2016)
(A) Intent. The I-2: General Industrial Districts are established to encourage development of manufacturing and processing facilities. Uses permitted in this district generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable to the occupants of adjoining properties and for that reason must be grouped in areas where similar industrial uses are now located or where the permitted uses will be best located in accordance with the Comprehensive Plan. Uses in this district require extensive community facilities and excellent access to arterial streets. Permitted uses in this district may have outdoor storage/service areas and may generate heavy traffic, but such operations shall be subject to specific development standards.
(B) Permitted uses.
(1) Primary uses.
(a) Any use permitted by the I-1 District in § 194.069 of this chapter;
(b) Administrative uses:
1. Corporate headquarters; and
2. Offices, any type (service retail component; please see division (B)(1)(h) below).
(c) Automobile service:
1. Painting and customizing; and
2. Racing and testing.
(d) Food products:
1. Bakery, industrial (no retail); and
2. Brewing or distillation of liquor or spirits.
(e) Utilities: storage tanks, non-hazardous material;
(f) Industrial uses: manufacture assembly or repair of:
1. Appliances, major electric or gas;
2. Bottled gas storage and distribution;
3. Bottling of beverages (any type);
4. Bottling/packaging of food (secondary processing and packaging of food products initially processed off of the premises);
5. Boats;
6. Cans;
7. Ceramic and clay products;
8. Coating (excluding tar products);
9. Construction equipment or machinery;
10. Dairy and milk products;
11. Detergents or soaps;
12. Electric materials;
13. Electroplating operations;
14. Elevators;
15. Fabrication of structural metal products;
16. Glass products;
17. Granaries, grain processing or milling;
18. Furniture;
19. Machinery or machinery components;
20. Machine shop;
21. Malt products;
22. Marine equipment;
23. Mattresses;
24. Medical, surgical or dental instruments or supplies;
25. Musical instruments;
26. Pharmaceutical products;
27. Phonograph records, tapes or compact disks;
28. Photographic equipment;
29. Pre-manufactured parts, sub-assemblies or components;
30. Prefabricated wood, building or structural members;
31. Refrigeration or service industry machinery;
32. Sports equipment;
33. Starch;
34. Petroleum tank farm (storage);
35. Tobacco products;
36. Tools and implements (electrical or non-electrical);
37. Toys;
38. Transmission reconditioning;
39. Terminal; and
40. Welding.
(g) Office/professional services: construction companies, contractor and home remodeling companies (including storage of materials and equipment with accessory offices - service retail component, please see division (B)(1)(h) below);
(h) Service retail:
1. Health, beauty salon, spa;
2. Fitness equipment sales, service;
3. Indoor recreational center or facility (includes physical therapy facility);
4. Recreational equipment sales and service; and
5. Ancillary sales and service component associated with permitted I-2 use when not in excess of 30% of the net floor area of the total demised space associated with the permitted use.
(i) Miscellaneous:
1. Automobile body shop or painting;
2. Heavy construction equipment sales or service;
3. Self-storage (mini-) warehouse (not permitted - truck within the U.S. Highway 421-Michigan Road Corridor Overlay District);
4. Power plant (electric, steam or thermal);
5. Tool and die shop; and
6. Vehicle storage (new or operable only).
(2) Special exception uses.
(a) Communication/utilities:
1. Public utility substation; and
2. Public wells.
(b) Miscellaneous:
1. Recycling facility;
2. Resource recovery facility; and
3. Transfer station.
(C) Development standards.
(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.
(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 75 feet on a public street.
(3) Yards and setbacks.
(a) Front:
1. A minimum front yard and building setback measured from the proposed right-of- way shall be provided as follows:
Street Classification | Front Yard | Front Bufferyard |
Collector street | 40 feet* | 75 feet* |
Limited access street | 50 feet* | 75 feet* |
Local street/cul-de-sac, other street | 40 feet* | 75 feet* |
Primary arterial street | 50 feet* | 75 feet* |
Secondary arterial street | 40 feet* | 75 feet* |
NOTES TO TABLE: * See division (F) below. |
2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.
(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:
1. Minimum side yard: 20 feet*;
2. Minimum side bufferyard: 50 feet;
3. Minimum rear yard: 20 feet*; and
4. Minimum rear bufferyard: 50 feet.
* See division (F) below, regarding development incentives.
(4) Use of minimum yards and bufferyards. All minimum yards and bufferyards shall be landscaped with grass, trees, shrubbery or hedge, or in combination with other suitable ground cover materials and shall remain free from structures, except where expressly permitted below.
(a) Minimum front yards and bufferyards may include driveways and shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(b) Minimum side and rear yards may include interior access driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(c) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(5) Maximum building height. 35 feet.
(11) Outside display, storage and operations.
(a) Operations.
1. All operations, servicing and processing located within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.
2. Outdoor display of merchandise associated with a permissible service retail use, shall:
a. Be located against the building facade;
b. Not block access points into the business or the building;
c. Not be located on hard-surfacing utilized for required off-street parking or maneuvering;
d. Be permitted only along the business tenant bay or storefront facade; and
e. Only be permitted during the hours of operation of the business and shall be removed at the close of each business day.
(b) Storage. All storage of materials or products within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District shall be either:
1. Within completely enclosed buildings; or
2. Effectively screened within a lattice slatted, chain link, wood shadow box or similar type fenced area, with ornamental, non-solid or chain link gates. The height of said fence shall be at least six feet and shall not exceed eight feet. Materials or products stored within the enclosure shall not exceed the height thereof. The storage area shall be surrounded by landscaping installed in compliance with the provisions of § 194.109 of this chapter for Level B bufferyard and perimeter yard landscaping.
(c) Amount of outside storage and operations. The total area devoted to outside storage and operations shall not exceed 50% of the gross floor area of enclosed structures or buildings on the lot.
(D) Development plan approval required. All lots in an I-2 District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.125 through 194.128 of this chapter.
(1) Architectural design.
(a) Building design. Any portion of a lot which is within 400 feet of the right-of-way of any street identified in the transportation plan by its functional classification (§ 194.186 of this chapter), as a primary, secondary or collector street, any new building or building addition shall be designed to incorporate the salient features of and be consistent with or complementary to the Zionsville theme, incorporating the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles. (See also division (E) below.)
(b) Building materials. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below on any facade of the building that is visible from a street:
1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material), shall be utilized for any facades visible from a street.
2. The primary building material for any facade visible from the street shall be one of the following:
a. Brick;
b. Architectural concrete, if the surface of the architectural concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite); precast concrete, if the surface of the pre-cast concrete is:
i. Painted;
ii. Textured (e.g., rough, striated, imprinted with a pattern or form); or
iii. Designed to simulate:
A. Brick or stone (examples include, but are not limited to, limestone, marble or granite);
B. External insulation and finish system (E.I.F.S.); or
C. Stone.
3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.
4. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (E) below.)
(c) Roofs.
1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.
2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.
3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof, or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.
(d) Entrances.
1. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole.
2. The location, orientation, proportion and style of doors shall reflect the chosen style of the building.
(e) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the window opens and the trim around the window shall be consistent with the selected architectural style of the building.
(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:
1. Complement the building’s architectural style, building materials, colors and details;
2. Do not conceal architectural features (such as cornices, columns, pilasters or decorative details);
3. Do not impair facade composition; and
4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.
(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.
(E) Waiver of development requirements.
(1) Building design findings. The Plan Commission may grant a waiver of the building design development requirements of division (D) above and approve a building design which does not incorporate the salient features of the Zionsville theme, or incorporate the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:
(a) The building design represents an innovative use of building materials or design or site design features which will not be detrimental to the use or value of area properties;
(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;
(c) The building design is consistent with and compatible with other development located along the street; and
(d) The proposed building is consistent with the intent and purpose of this chapter.
(2) Building materials findings. The Plan Commission may grant a waiver of the building materials development requirements of division (D) above and approve the use of alternate exterior building materials on any facade of a building that is visible from a street upon finding that:
(a) The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the Building and will not be detrimental to the use or value of area properties;
(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;
(c) The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of, other buildings and development located along the street; and
(d) The building materials utilized are consistent with the intent and purpose of this chapter.
(F) Development incentives.
(1) Front yard and front bufferyard reduction.
(a) Purpose. In order to facilitate urban development and improve quality of landscaping in the built environment, the depth of a required front yard or front bufferyard may be reduced as follows, if such reduction is approved by the Plan Commission in connection with the review and approval of a development plan.
(b) Minimum.
1. The minimum front yard and front bufferyard may be reduced to a minimum of:
a. Front yards: 20 feet; and
b. Front bufferyards: 40 feet.
2. Provided, however, that, the landscaping required for said yard shall be increased as follows:
a. Front yards: to Level A landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; and
b. Front bufferyards: increase the point value for the landscaping required in a front bufferyards to a point value of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C.
(c) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:
1. The building shall be placed at the reduced setback line:
a. The level of landscaping within the required front yard shall meet or exceed Level A Landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; or
b. The level of landscaping within the required front bufferyard shall meet or exceed a point level of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C.
2. The proposed development is appropriate to the site and its surroundings; and
3. The proposed development is consistent with the intent and purpose of this chapter.
(2) Use or required side and rear yards in integrated centers or industrial parks.
(a) Purpose. In built environment, the Plan Commission may, in connection with the review and approval of a development plan, approve the use of required side and rear yards which abut other required side or rear yards of lots located within the same integrated center or industrial park for parking areas, loading areas, interior drives, interior access drives or outdoor storage.
(b) Findings. The Plan Commission may approve such use of required side and rear yards only upon finding that:
1. a. The level of landscaping within the required front yard shall meet or exceed Level A landscaping, per the landscaping requirements of § 194.109 of this chapter; or
b. The level of landscaping within the required front bufferyard shall meet or exceed a point value of 5.0 per 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter.
3. The plant unit value contained in such enlarged foundation planting areas shall have been increased to a Level B plantings as set forth in § 194.109 of this chapter, Table B;
4. The proposed development is appropriate to the site and its surroundings; and
5. The proposed development is consistent with the intent and purpose of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 2.31; Ord. 2015-04, passed 3-2-2015; Ord. 2016-04, passed 4-5-2016)
(A) Intent. The I-3 Heavy Industrial Districts are established to encourage development of heavy manufacturing and processing facilities which may require substantial amounts of outside storage. These activities require extensive community facilities, and excellent access to arterial streets. Permitted uses in this district may have extensive outdoor storage/service areas and may generate heavy traffic, but such operations shall be subject to specific development standards. The permitted uses provided for in this district should never be located in close proximity to residential areas.
(B) Permitted uses.
(1) Primary uses.
(a) Communications/utilities: telephone exchange; and
(b) Industrial uses:
1. Ceramic products, pottery or glazed tile;
2. Concrete mixing/batching plant, production of concrete block and shapes, cinder blocks;
3. Foundries;
4. Glass production;
5. Iron or steel production;
6. Liquid fertilizer storage or distribution (commercial);
7. Lumber mill;
8. Processing of forest products such as, but not limited to, plaining mills, saw mills, mill work, wood pallets or skids;
9. Manufacture, assembly or repair of: abrasive, asbestos, metallic and non-metallic mineral products; boiler tanks; engines or turbines; farm machinery or equipment; meat and meat products, packing, processing; railroad equipment; rubber or rubber products;
10. Mineral extraction, borrow pit, topsoil removal or storage areas;
11. Oil processing, refining or manufacture; and
12. Sheet metal shop.
(2) Special exception uses.
(b) Miscellaneous:
1. Utility pole yard or pipe yard;
2. Bulk storage or petroleum products;
3. Coke ovens, blast furnaces;
4. Fat rendering;
5. Manufacture of: batteries, wet or dry; chemical or gases; creosote, including treatment;
6. Explosives or fireworks;
7. Fertilizer;
8. Plastic materials and synthetic resin;
9. Smelting or refining or non-ferrous metals;
10. Tar, tar paper or tar products, manufacture or processing;
11. Production of emulsified asphalt or preparation of asphaltic concrete paving materials;
12. Sand, gravel or aggregate washing;
13. Processing (not including mining or dredging);
14. Scrap metal, junk or salvage, storage or operation, (including automobile or truck wrecking or recycling, construction materials, recycling or similar uses);
15. Slaughtering or meat packing;
16. Vehicle storage (wrecked or inoperable);
17. Wrecker service;
18. Any similar use requiring outside storage;
19. Recycling facility;
20. Resource recovery facility;
21. Transfer station; and
22. Telecommunication tower.
(C) Development standards.
(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.
(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 100 feet on a public street.
(3) Yards and setbacks.
(a) Front:
1. A minimum front yard and building setback measured from the proposed right-of- way shall be provided as follows:
Street Classification | Front Yard | Front Bufferyard |
Collector street | 50 feet* | 100 feet* |
Limited access street | 50 feet* | 100 feet* |
Local street/cul-de-sac, other street | 50 feet* | 100 feet* |
Primary arterial street | 50 feet* | 100 feet* |
Secondary arterial street | 50 feet* | 100 feet* |
NOTES TO TABLE: * See division (F) below. |
2. In the case where a proposed right-of-way line does not exist, as determined by right-of-way line shall be used for the setback measurement.
(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:
1. Minimum side yard: 20 feet*;
2. Minimum side bufferyard: 75 feet;
3. Minimum rear yard: 20 feet*; and
4. Minimum rear bufferyard: 75 feet.
*See division (F) below, regarding development incentives.
(4) Use of minimum yards and bufferyards. All minimum yards and bufferyards shall be landscaped with grass, trees, shrubbery or hedge, or in combination with other suitable ground cover materials and shall remain free from structures, except where expressly permitted below.
(a) Minimum front yards and bufferyards may include driveways and shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(b) Minimum side and rear yards may include interior access driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(c) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the landscaping requirements set forth in § 194.109 of this chapter.
(5) Maximum building height. 45 feet; provided, however, that, the setback for that portion of the building or structure which is in excess of 35 feet shall be increased by one foot each one foot of building or structural height above 35 feet until the ultimate height of building or structure is allowed.
(11) Outside storage and operations.
(a) Operations. All operations, servicing and processing located within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.
(b) Storage. All storage of materials or products within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary shall be either:
1. Within completely enclosed buildings; or
2. Effectively screened within a lattice slatted, chain link, wood shadow box or similar type fenced area, with ornamental, non-solid or chain link gates. The height of said fence shall be at least six feet and shall not exceed eight feet. Materials or products stored within the enclosure shall not exceed the height thereof. The storage area shall be surrounded by landscaping installed in compliance with the provisions of § 194.109 of this chapter for Level B bufferyard and perimeter yard landscaping.
(c) Amount of outside storage and operations. The total area devoted to outside storage and operations shall not exceed 50% of the lot area.
(D) Development plan approval required. All lots in an I-3 District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.125 through 194.128 of this chapter.
(1) Architectural design.
(a) Building design. Any portion of a lot which is within 400 feet of the right-of-way of any street identified in the transportation plan by its functional classification (§ 194.186 of this chapter), as a primary, secondary or collector street, any new building or building addition shall be designed to incorporate the salient features of and be consistent with or complementary to the Zionsville theme, incorporating the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles. (See also division (E) below.)
(b) Building materials. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below on any facade of the building that is visible from a street.
1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material) shall be utilized for any facades visible from a street.
2. The primary building material for any facade visible from the street shall be one of the following:
a. Brick;
b. Architectural concrete, if the surface of the architectural, concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite);
c. Pre-cast concrete, if the surface of the pre-cast concrete is:
i. Painted;
ii. Textured (e.g., rough, striated, imprinted with a pattern or form); or
iii. Designed to simulate brick or stone (examples include, but are not limited to, limestone, marble or granite).
d. External insulation and finish system (E.I.F.S.); or
e. Stone.
3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.
4. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (E) below.)
(c) Roofs.
1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.
2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.
3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof, or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.
(d) Entrances. The main Building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the building.
(e) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the window opens and the trim around the window shall be consistent with the selected architectural style of the building.
(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:
1. Complement the building’s architectural style, building materials, colors and details;
2. Do not conceal architectural features (such as cornices, columns, pilasters or decorative details);
3. Do not impair facade composition; and
4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.
(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.
(E) Waiver of development requirements.
(1) Building design findings. The Plan Commission may grant a waiver of the building design development requirements of division (D) above and approve a building design which does not incorporate the salient features of the Zionsville theme, or incorporate the architecture, design and overall aesthetic exterior character of, a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:
(a) The building design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;
(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;
(c) The building design is consistent with and compatible with other development located along the street; and
(d) The proposed building is consistent with the intent and purpose of this chapter.
(2) Building materials findings. The Plan Commission may grant a waiver of the building materials development requirements of division (D) above and approve the use of alternate exterior building materials on any facade of a building that is visible from a street upon finding that:
(a) The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the building and will not be detrimental to the use or value of area properties;
(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;
(c) The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of other buildings and development located along the street; and
(d) The building materials utilized are consistent with the intent and purpose of this chapter.
(F) Development incentives.
(1) Front yard and front bufferyard reduction.
(a) Purpose. In order to facilitate urban development and improve quality of landscaping in the built environment, the depth of a required front yard or front bufferyard may be reduced as follows, if such reduction is approved by the Plan Commission in connection with the review and approval of a development plan.
(b) Minimums.
1. The minimum front yard and front bufferyard may be reduced to a minimum of:
a. Front yards: 30 feet; and
b. Front bufferyards: 50 feet.
2. Provided, however, that, the landscaping required for said yard shall be increased as follows:
a. Front yards: to Level B landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; and
b. Front bufferyards: increase the point value for the landscaping required in a front bufferyard to a point value of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C.
(c) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:
1. a. The level of landscaping within the required front yard shall meet or exceed Level B landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; or
b. The level of landscaping within the required front bufferyard shall meet or exceed a point level of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C, the building shall be placed at the reduced setback line.
2. The proposed development is appropriate to the site and its surroundings; and
3. The proposed development is consistent with the intent and purpose of this chapter.
(2) Use of required side and rear yards in integrated centers or industrial parks.
(a) Purpose. In order to facilitate urban development and to enhance the quality or landscaping in the built environment, the Plan Commission may, in connection with the review and approval of a development plan, approve the use of required side and rear yards which abut other required side or rear yards of lots located within the same integrated center or industrial park for parking areas, loading areas, interior drives, interior access drives or outdoor storage.
(b) Findings. The Plan Commission may approve such use of required side and rear yards only upon finding that:
1. a. The level of landscaping within the required front yard shall meet or exceed Level B landscaping, per the landscaping requirements of § 194.109 of this chapter; or
b. The level of landscaping within the required front bufferyard shall meet or exceed a point value of 5.0 per 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter.
3. The plant unit value contained in such enlarged foundation planting areas shall have been increased to Level B plantings as set forth in § 194.109 of this chapter, Table B;
4. The proposed development is appropriate to the site and its surroundings; and
5. The proposed development is consistent with the intent and purpose of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 2.32; Ord. 2016-04, passed 4-5-2016)
The following performance standards shall apply to all industrial uses, in addition to the previous requirements.
(A) Smoke.
(1) No industry in the I-1 District may emit more than ten smoke units per hour per stack or smoke in excess of Ringelman No. 2. However, once during any 24-hour period, for soot blowing, process purging and fire cleaning, each stack may emit an additional ten smoke units, and during that period it may emit smoke up to and including Ringelman No. 3.
(2) No industry in the I-2 District may emit more than 30 smoke units per hour per stack or smoke in excess of Ringelman No. 2. However, once during any 24-hour period, for soot blowing, process purging and fire cleaning, each stack may emit an additional ten smoke units and, during that period, it may emit smoke up to and Including Ringelman No. 3.
(B) Odor. No industrial use in any district may release an odor that is detectable at the lot line.
(C) Toxic materials. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which it occurs.
(D) Glare and heat. No industrial use may cause heat at the property line so intense as to be a public nuisance or hazard. No glare shall be seen from any street or residential area.
(E) Vibration. No intense vibration shall be created or maintained by any industrial use so as to be noticeable beyond the boundary lines of the tract on which it is located.
(F) Noise and sound. At no boundary line of any residential or business district may the sound level of any industrial use (excluding background noises produced by sources not under the control of this chapter such as the operation of motor vehicles) exceed 70 decibels. Noise is to be muffled so as not to be objectionable due to intermittence, frequency or shrillness.
(G) Exceptions. Divisions (A) through (F) above, inclusive, do not apply to:
(1) Site preparation or construction, maintenance, repair, alterations or improvements of buildings, structures, equipment or other improvements on or within the lot lines;
(2) The operation of motor vehicles or other facilities for the transportation of personnel, materials or products; and
(3) Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
(H) Special restrictions. Any industrial operation or activity must, in addition to the above, conform with any applicable acts of the state and federal government. Where the requirements of this chapter are more restrictive, they shall take precedence. All relevant federal and state permits or approvals are required prior to issuance of an improvement location permit.
(Ord. 2000-16, passed 8-28-2000, § 2.33)
(A) Purpose and intent. The I-1, Rural Light Industrial, District is hereby established to accommodate light industrial uses within the town’s rural area in which all operations, including storage of materials would be confined within a building, and would include warehousing operations.
(B) Tables. Please refer to the Rural Zoning District Tables:
(1) Table 1: Land Use Districts;
(2) Table 2: Authorized Uses;
(3) Table 3: Residential Uses and Requirements, Single-Family;
(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;
(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and
(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.
(Ord. 2000-16, passed 8-28-2000, § 2.34)
(A) Purpose and intent. The I-2, Rural General Industrial, District is hereby established to accommodate all types of industrial uses within the town’s rural area which may require enclosed or unenclosed spaces for storage, manufacturing and fabricating.
(B) Tables. Please refer to the Rural Zoning District Tables:
(1) Table 1: Land Use Districts;
(2) Table 2: Authorized Uses;
(3) Table 3: Residential Uses and Requirements, Single-Family;
(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;
(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and
(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.
(Ord. 2000-16, passed 8-28-2000, § 2.35)
(A) Intent. These districts are composed of uses which have unique physical and operational characteristics which do not allow them to be easily categorized into a specific land use type (residential, commercial, industrial). Uses in these districts may be appropriate to and compatible with a broader range of adjacent land uses. However, certain operational features of the uses (i.e., parking, hours of operation, intensity of use) require that they be scrutinized in their location within the town to ensure that these operational features will not have an adverse impact on adjacent uses. Because of this, a greater range of flexibility is built into the review of development standards and all SU Districts require development plan review and approval by the Plan Commission.
(B) Permitted uses.
(1) Primary uses.
(a) SU-1, schools or school related facilities;
(b) SU-2, churches;
(c) SU-3, golf course, golf driving range;
(d) SU-4, airport or landing field;
(e) SU-7, charitable and philanthropic institutions;
(f) SU-8, buildings and grounds used by any department of town, township, county, state or federal government;
(g) SU-9, cemeteries;
(h) SU-12, swimming pool, commercial;
(i) SU-13, community center;
(j) SU-14, library;
(k) SU-16, light and power substation, water tank and similar structures;
(l) SU-17, radio or telecommunications receiving or broadcasting towers, including wireless telecommunications facilities, and associated accessory buildings; and
(m) SU-20, extracting of gravel, sand, peat and other raw materials.
(2) Special exception uses. Public utility structures and facilities, including telephone exchanges and minor electrical substations.
(C) Development standards. All development permitted within the special use districts shall conform to the development standards applicable to the specified zoning district as follows:
Special Use District | District Applicable Development Standards |
Special Use District | District Applicable Development Standards |
SU-1 | B-O |
SU-2 | B-O |
SU-3 | B-3 |
SU-4 | I-3 |
SU-7 | B-O |
SU-8 | B-2 |
SU-9 | B-O |
SU-12 | B-3 |
SU-13 | B-1 |
SU-14 | B-O |
SU-16 | I-1 |
SU-17 | I-2, and per the requirements of § 194.070 of this chapter |
SU-20 | I-3, and per the requirements of division (E) below |
(D) Development plan approval required. All lots located in a special use (SU) district shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter. The applicable development requirements shall be those of the commercial or industrial district corresponding to the special use district noted in division (C) above.
(E) Additional development requirements for the SU-20 District. In addition to the regulations of divisions (B), (C) and (D) above, the additional development requirements of this division (E) shall apply to the SU-20 District. In the event of conflict between this division (E) and the regulations of divisions (B), (C) and (D) above, the most stringent specifications shall govern.
(1) Intent. It is the intent of this division (E) to establish reasonable and uniform limitations and controls for the production of sand, gravel, borrow and other mineral or earthen materials through excavation or mining to the extent permitted by applicable law. Restrictive limitations and controls are deemed necessary and in the public interest to effect practices which will provide for production of sand, gravel, borrow and other mineral or earthen materials which will:
(a) Take into consideration the surface use of land;
(b) The value and character of the existing improvements in the districts where such production is hereinafter permitted;
(c) The desirability of the area for residential or other permitted uses; and
(d) Any other factor directly relating to the public health, comfort, safety and general welfare in these districts.
(2) Filing procedures.
(b) The filing of an operational plan, per the requirements of division (E)(5) below.
(3) Permit required. No extracting of gravel, sand, peat and other raw materials shall occur unless an improvement location permit has been issued by the town and a development plan and operational plan are approved by the Plan Commission.
(4) Bonding.
(a) Prior to the issuance of an improvement location permit, as required by division (E)(3) above, the applicant shall provide a corporate surety bond for the faithful performance of all applicable requirements of this chapter, including the operation and the completion and reclamation of the extraction or mining operations in accordance with the approved site and operational plan, as required by this chapter. Such improvement location permit may be issued and bond filed for the total operation or for one or more phases thereof, as shown on the site and operational plan. If the operation is to be accomplished in phases, each new phase of the operation shall require a new improvement location permit, site and operational plan and corporate surety bond.
(b) The corporate surety bond shall be in an amount equal to 110% of the estimated cost of performance of all applicable requirements of this chapter, as determined by the town’s Engineer and be with surety approved by the town. Said bond shall run jointly and severally to the town and any other governmental agency requiring a similar bond. Said bond shall specify the time for the completion of all of the applicable requirements of this chapter, and shall specify the total operational area, or phase thereof, covered by the bond.
(5) Operational plan. An operational plan shall detail the operational area, or phase thereof, covered by the development plan. The operational plan shall further detail the:
(a) Method of extraction or mining;
(b) Hours of operation;
(c) Storage of equipment;
(d) Stockpiling of materials; and
(e) Plan and timetable for reclamation of the real estate within the operational area, or phase thereof, upon completion of extraction or mining within the operational area, or phase thereof.
(6) Perimeter yards.
(a) The minimum required depth of required perimeter yards surrounding the operation shall be 100 feet.
(b) No extraction or mining operation, or portion thereof, shall be permitted within said perimeter yard.
(7) Landscaping. Landscaping of said perimeter yard shall conform to Level C requirements as specified in § 194.109 of this chapter, Tables A, B and C. Said landscaping shall be installed within six months of the commencement of any extraction or mining operations on the real estate.
(8) Fencing. Fencing of the entire perimeter of the operational area, or phase thereof, shall be required to ensure safety and restrict access. Said fencing shall be located on or within ten feet of the lot line and shall be a minimum of six feet in height, measured from grade, and shall be no higher than ten feet in height, measured from grade. Said fencing shall be installed prior to the commencement of any extraction or mining operations on the real estate.
(9) Extracting, mining. All extractions or mining shall either be made to a water producing depth. Such depth shall be not less than eight, measured from the low water mark, or graded or back filled with non-toxic, non-noxious and non-flammable solids to assure the following.
(a) The excavated or mined area shall not collect and permit to remain therein stagnant water.
(b) The surface of such area shall be graded or back filled as necessary so as to reduce the peaks and depressions thereof to a surface which shall result in a gently rolling topography to minimize erosion and which is in substantial conformity to the immediately surrounding land area.
(c) The surface of the area noted in division (E)(9)(b) above is landscaped in compliance with the approved development plan.
(10) Banks. The banks of all excavated or mined areas not graded or back filled as provided in division (E)(9) above shall be sloped to the water line at a slope which shall be not less than one and one- half feet horizontal to one foot vertical. Said bank shall be surfaced with a minimum of six inches of suitable soil and the same shall be either sodded or seeded with grass seed.
(11) Removal. Within six months of the completion of the extraction or mining operations, all buildings, structures, stockpiles and equipment associated with the operations shall be removed from the real estate.
(Ord. 2000-16, passed 8-28-2000, § 2.36)
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