(A)

The jurisdictional area is hereby classified and divided into districts designated as follows:

(B)

In general, uses allowed in a zoning district are allowed in higher zoning districts of the same type. Example: R1 use is allowed in R2 residential districts; B1 uses are allowed in B2 and B3 business districts; I1 uses are allowed in I2 districts. This shall be the interpretation used in this chapter with the following restrictions: single-family residential use (R1) are prohibited in high density residential (R3) district; B1, B2 and B3 uses are prohibited in B4 district. All business (B) uses are allowed in a PUD-Business district if specifically approved as part of the PUD plan: I1, I2 and I3 uses are prohibited in special industrial (I4) district. Where a use is allowed in more than one zoning type, the lower uses cannot be extended into the higher zoning type beyond that which is allowed in Table 1. Example: Table 1 allows for a specific use in B3, B4 and I1 districts this use shall not be extended into any higher industrial districts; a specific use is allowed in R3 and B2 districts, this use shall not be allowed into any higher business districts. A use that requires a special exception is restricted to those districts specifically shown in Table 1 (Sec. 94-30).

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2020-0016, 11-9-2020)

(A)

FP - floodplain overlay district.

(1)

General. This is an overlay district and is designated to be located in all areas that are defined as being within the floodplain and identified in the city's chapter for flood hazard areas (Ord. 96-1381; see Appendix C), and all amendments thereto, as floodplain. In general, these lands are in an agricultural district (AG) and will consist of land adjacent to streams or other natural drainage channels or areas that are low lying, difficult to drain, and subject to flood. Any ground shown as a floodplain fringe (those areas outside the floodway) in the Federal Emergency Management Agency (FEMA), flood insurance rate maps (FIRM), as defined in the flood hazard chapter, and all amendments thereto, which is filled to a level two feet above the 100-year flood elevation (base flood elevation (BFE)) with a structural compacted fill in accordance with FEMA requirements shall no longer be considered in the floodplain overlay district, provided the owner of the property requests the plan commission to remove the overlay designation. Procedure for removal shall be the same as filing for a petition for zoning change. A letter of map revision by fill (LOMR-F) that has been approved by FEMA must accompany the zoning change application.

(2)

Representative principal uses. Agriculture, including customary agricultural buildings and structures, but not including permanent dwellings, nurseries, structures and greenhouses. Ord. 96-1381, see Appendix C and revision, shall control construction or improvement of buildings.

(3)

Special exception uses. Recreational uses that do not require permanent structures such as baseball or football fields, parks, riding stables, fishing lakes, boat docks. Also, gravel pits, mines and stone quarries; provided that, all other ordinances are met and necessary state and federal permits are obtained.

(B)

AG - agricultural district.

(1)

General. This district is designed to recognize the existence of agriculture as the dominant land use, with ancillary residential use.

(2)

Representative uses. Agriculture and agricultural buildings; provided that, livestock shall not be held in a confined feeding operation, as defined in Section 94-5 of this chapter, within 1,320 feet of any lot in an area zoned R1 residential, R2 residential or R3 residential as defined in this chapter. Public parks, playgrounds, orchards, nurseries and greenhouse operations shall also be allowed in this district. Residential uses that comply with Section 94.33 of this chapter and the AG District of Tables 2a through 2c of said section.

(3)

Right to farm. Nothing in this chapter shall require existing farming operations, as of the effective date of this chapter, to alter, change or relocate their operations to comply with the setback or outside storage provisions established herein. Confined feeding shall not be permitted, except as provided in subsection (B)(1) above.

(4)

Special exceptions. The following uses shall be allowed by special exception: campgrounds, residential country clubs, gravel and mining operations (so long as all other ordinances, state and local) and standards are met, churches, schools, cemeteries, airports, swimming clubs, stables and similar recreational uses.

(5)

Restrictions. Livestock confinement operations and stockyards as defined in this chapter.

(C)

OS - open space.

(1)

General. This district is designed to recognize the need for parks, recreation areas, nature areas, for the purpose of buffering zoning districts for recreation and aesthetic purposes.

(2)

Representative uses. Parks, planting strips of trees and flowers.

(3)

Special exceptions. None.

(4)

Restrictions. None.

(D)

Rural residential districts.

(1)

RR(a), RR(b) and RR(c), rural residential (RR) district defined.

(a)

This district is generally a transitional district between urban residential areas and traditional agricultural districts. Typically, this district is used for land where difficult terrain or other topographical features make small lot, high density, residential developments impractical. This district may also be characterized by land that is less suitable for row crop cultivation and may be partially or fully timbered. Generally, these districts are located in areas where sanitary sewers are not available and, therefore, lots must be larger to accommodate on site waste disposal systems.

(b)

Primary use for land in these districts is for single-family residential consisting of one detached dwelling per lot. Other uses by right in these districts are: crop cultivation; keeping a limited number of livestock in a manner that is in keeping with good animal husbandry practice (see animal unit equivalents (AUE) table); timber harvesting and tree farm.

(2)

Rural residential single-family sub-districts shall be defined.

(a)

RR(a) is to be defined as, single-family, rural residential estates having a minimum lot area of ten acres. Livestock may be kept with restrictions on the number of animals.

(b)

RR(b) is to be defined as, single-family, rural residential estates having a minimum lot area of five acres. Livestock, except swine, may be kept with restrictions on the number and type of animals.

(c)

RR(c) is to be defined as, single-family, rural residential estates having a minimum lot area of one acre if sanitary sewers are available and two acres if on-site waste disposal system is required. Livestock, except swine, may be kept with restrictions on the number and type of animal.

(3)

Representative uses. Single-family residential, consisting of one-family, detached dwellings. Limited farming operations, including keeping of livestock are permitted.

(4)

Special exceptions. Large animal veterinarian; commercial track farm; commercial greenhouse; public park or public recreation area; day care and group home. A special exception is also required for any use related to religious activities.

(5)

Restrictions and development standards. See subsections 94-33(A) through (P), Table 2a and Table AUE.

(E)

Residential districts, R1, R2 and R3.

(1)

R1 - residential single-family.

(a)

General. This is a single-family dwelling district that shall include areas that should be residential in character. The classifications within the R1 zoning district shall vary in minimum lot size and ground floor area of structure based upon density and compatibility with the area and the master plan for the city.

(b)

Definitions. Residential single-family classifications shall be defined as follows.

1.

R1(a) is to be defined as low density single-family residential.

2.

R1(b) to be defined as medium low-density single-family residential.

3.

R1(c) to be defined as medium high-density single-family residential.

4.

R1(d) to be defined as high-density single-family residential.

(c)

Representative uses. Single-family residential, consisting of one-family, detached dwellings. Other uses would include public parks, playgrounds and related non-commercial recreational areas.

(d)

Special exceptions. Church, synagogue, temple without school and see Table 1 (Sec. 94-30).

(e)

Restrictions and development standards. See subsections 94-33(A) through (P), Table 1, Table 2a and Parking Table 3a.

(2)

R2 - residential.

(a)

General. This district is designated to recognize two-family residential units in those areas that should be residential in character. This area shall be more densely developed than the R1 districts, but not as densely developed as the R3 districts.

(b)

Definition. R2 shall be defined as an area for two-family dwelling units.

(c)

Representative uses. Two-family dwelling units, parks and playgrounds.

(d)

Special exceptions. R1 uses are permitted which meet the minimum development standards as shown in table 2a: church; synagogue; temple without school. See Table 1.

(e)

Restrictions and development standards. Height regulations, lot area, frontages and setbacks. See subsections 94-33(A) through (P) of this chapter, Table 1, Table 2a and Parking Table 3a.

(3)

R3 - residential.

(a)

General. This district designates the most densely developed multi-family residential units. It includes multi-family uses, consisting of three or more units with minimum lot size based on the number of dwelling units in a building. The requirements as to minimum size of lots and ground floor area of buildings are less than those specified for the other residential uses.

(b)

Representative uses. Multi-family residential uses consisting of units of three dwellings per unit or greater, parks and playgrounds and other similar recreational uses.

(c)

Special exceptions. See use listings in Table 1 (Sec. 94-30).

(d)

Restrictions and development standards. See subsections 94-33(A) through (P) of this chapter, Table 1, Table 2a and Parking Table 3a.

(F)

Business districts B1, B2, B3 and B4. The four business district classifications are established to provide adequate areas for the variety of business and commercial land uses that will be needed to serve present and future residents of the jurisdictional area.

(1)

B1 - professional business district.

(a)

General. This district is located in areas where professional offices should be maintained without opening the area to higher business uses that would not be compatible with adjacent land uses.

(b)

Representative uses. Attorneys' offices, dentists' offices, counseling offices, insurance offices, optometrists and psychiatrists.

(c)

Special exceptions. See use listings, Table 1.

(d)

Restrictions.

1.

Hours of operation open to clients and public from 8:00 a.m. to 8:00 p.m.

2.

See Section 94-37 of this chapter for sign restrictions and provisions.

(e)

Development standards. Height regulations, lot area, frontage, setbacks, yard requirements, parking and loading. (See subsections 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)

(2)

B2 - local business.

(a)

General. This district is designed and located in areas adjacent to residential neighborhoods to accommodate the primary needs of that locality. This district should place convenience and necessity facilities close to consumers in limited areas.

(b)

Representative uses. Retail business establishments such as appliance stores, auto accessory stores, bakeries, small grocery store and convenience market, book or stationery store, cafe or restaurant, camera or photographic supply, laundromats, laundry, candy or ice cream store, delicatessen, offices, drugstore, fabric shop, floor covering store, florist shop, gift shop, haberdashery or women's ready-to-wear shop, hardware or paint store, hobby shop, jewelry store, meat market, shoe store, variety store, bank branch, funeral home, barber shop, beauty shop, church and schools.

(c)

Special exception. See use listings, Table 1.

(d)

Restrictions. Total primary building floor area shall not exceed 9,000 square feet. Outside storage must be screened from public view with approved permanent screening. Pods, trailers and other similar enclosures, used for storage for more than ten consecutive calendar days, are prohibited. Merchant can display retail items not manufactured on site, not including inventory, on the outside. See Section 94-37 of this chapter for sign restrictions and provisions.

(e)

Development standards. Height regulations, lot area, frontage, setbacks, yard requirements, parking and loading. (See subsections 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)

(3)

B3 - general business district.

(a)

General. This district is designed to include areas suitable for most other types of business and higher volume retail sales uses not included in the B1 or B2 business districts.

(b)

Representative uses. Wholesale businesses, motels, hotels, drive-in eating establishments, shopping centers, shopping malls, strip business centers, taverns, restaurants, gasoline stations, golf driving range, skating rink, bowling alley, nightclub and similar enterprises, carpenter shop, electrical or heating shop, dry cleaning shop, sign painting shop, church, mini warehouses.

(c)

Special exceptions. The following uses shall be by special exception only: the automobile repair, tire stores, truck repair, trailer repair, trailer sales, farm implements sales, automobile sales and body shops. Also, see use listings in Table 1.

(d)

Restrictions. See Section 94-37 of this chapter for sign restrictions and provisions. Outside display allowed for retail sales items not manufactured on site and not inventoried outside. Outside storage allowed but must be screened from public view with approved permanent screening. Pods, trailers and other similar enclosures, used for storage for more than ten consecutive calendar days, are prohibited.

(e)

Development standards. Height regulations, yard requirements, lot area, frontages and setbacks, parking and loading. (See subsections 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)

(4)

B4 - heavy business.

(a)

General. This district is designed to include areas that have heavy outdoor display of vehicles or equipment for retail sales, heavy vehicle repair and facilities that require large buildings for recreational use or large outdoors recreational facilities.

(b)

Representative uses. Automobile repair; tire stores with service centers, truck repair, trailer repair, trailer sales, farm implement repair and dealers, automobile sales and service body shops, lumberyards, kennel and large indoor and outdoor commercial recreational facilities. Also, see use listings in Table 1.

(c)

Special exceptions. See Table 1.

(d)

Restrictions. See Section 94-37 of this chapter for sign restrictions and provisions.

(e)

Development standards. Height regulations, yard requirements, lot area, frontages and setbacks, parking and loading. (See subsections 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)

(G)

Industrial Districts, I1, I2, I3 and I4.

(1)

I1 - light industrial.

(a)

General. This district is designed and located in areas most suitable for light industrial uses because of their location near necessary infrastructure and buffering from residential land uses. This district shall consist of various types of storage, manufacturing and fabricating done in an enclosed facility. This shall consist of uses such as block plants, lumber companies. The above types of uses shall be allowed unless the business utilizes techniques that are more consistent with the definitions set out in I2, medium industrial district, or any other industrial district.

(b)

Special exceptions. See use listings, Table 1.

(c)

Restrictions. All outside storage must be screened. The business hours of any light industrial use shall be no greater than 6:00 a.m. through 12:00 midnight. The business should not use hazardous materials: create any type of noise, air, or water pollution, based upon state standards, conducted within 50 feet of a residential property line. The sign requirements for I1 shall be the same as set out for B3.

(d)

Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See subsections 94-33(A) through (Q) of this chapter, Table 2b and 2c and Table 3b and Section 94-35 of this chapter.)

(2)

I2 - medium industrial.

(a)

General. This district is designed and located in areas that generate a high volume of traffic, need 24-hours of operation and which, because of their nature, require additional buffering from residential uses.

(b)

Permitted uses. All uses that fit within the above definition.

(c)

Special exceptions. See use listings, Table 1.

(d)

Restrictions. All outside storage must be fenced. Any business that stores, creates or uses any types of hazardous materials requiring evacuation in the event of an accident (as set by State Hazards Waste Standards of the state's Department of Environmental Management).

(e)

Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See Table 2b and 2c, Table 3b and subsections 94-33(A) through (Q) and 94-35 of this chapter.)

(3)

I3 - heavy industrial.

(a)

General. This district is designed for industrial uses that are not confined to a building but use hazardous materials that create water pollution, noise pollution or air pollution, which require on-site treatment, that need unlimited outside storage and unlimited hours of operation. This zone should be located where significant buffering from non-industrial land uses can be provided to protect the health, safety and values of neighboring properties.

(b)

Proposed uses. All uses which fit within the above definition.

(c)

Special exceptions. See use listings, Table 1.

(d)

Restrictions. Minimum lot size of five acres. All the uses under subsections (G)(3)(a) through (G)(3)(c) above shall have a minimum fence of five feet (monitored gates not required) surrounding the actual use. All outside storage shall be fenced and secured separately, and any business that stores, creates or uses any types of hazardous materials requiring evacuation in the event of an accident (as set by State Hazards Waste Standards) shall be fenced and secured.

(e)

Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See Table 2b and 2c, Table 3b and subsections 94-33(A) through (Q) and 94-35 of this chapter.)

(4)

I4 - special industrial.

(a)

General. This district is to be used for hazardous industrial uses that should be located in areas where extensive buffering and special access can be provided and would be required to protect, not only immediately adjacent land uses, but also the community in general.

(b)

Representative uses. All uses that would fall under the above definition. For example, laboratories that use gene-splicing techniques, industries using or manufacturing nuclear materials, excepting limited uses by medical facilities.

(c)

Special exceptions. See use listings, Table 1.

(d)

Restrictions. No use to be conducted within 1,000 feet from any area zoned floodplain, agricultural, residential or business use. The use areas must be secured by fence no less than six feet in height and surrounding the entire use area with monitored gates at all access points. All outside storage shall be fenced. All state standards shall be met regarding air, water, noise and other waste pollution.

(e)

Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See Table 2b and 2c, Table 3b and subsections 94-33(A) through (Q) and 94-35 of this chapter.)

(H)

I-69 corridor overlay.

(1)

Purpose and intent. The purpose of this overlay for the I-69 corridor is to:

(a)

Preserve and enhance the aesthetic qualities of the I-69 corridor by regulating building placement and orientation, building architecture, landscaping, and transitions between the corridor and adjacent users;

(b)

Provide for the future development/redevelopment of the corridor as contemplated in the city's comprehensive plan; and

(c)

Conserve the natural areas of the corridor as identified in both the city and the county comprehensive plans.

(2)

Applicability. The overlay shall have the following property boundaries in width as measured at 1,000 feet from the centerline of I-69 and within these limits the overlay shall apply to all land, buildings, structures and uses located within the corporate limits and extraterritorial jurisdiction of the city:

(a)

The north boundary shall begin at the north end of the city's buffer zone north of State Road 44 interchange with I-69.

(b)

The south boundary shall be Liberty Church Road at the interchange with I-69.

(c)

If any lot, building, structure, or improvement is only partially located within the overlay district, then the provisions of this overlay apply to all of the lot, building, structure, or improvement, unless otherwise waived by the administrator.

(3)

Conflict. To the extent the provisions of this overlay conflict with the provisions established elsewhere in the zoning ordinance, then the provisions of this I-69 overlay supersede and apply. Unless superseded by this overlay, the development and design standards of the underlying zoning district apply.

(4)

Exceptions. This overlay applies to any development within the I-69 corridor overlay, except:

(a)

Single-family residential detached dwellings on lots less than one-half acre in area,

(b)

Platted residential subdivisions,

(c)

New residential uses, and

(d)

Non-residential uses not visible from the I-69 corridor and surrounded by an excluded residential use.

(5)

Administrative waiver for existing developments. The administrator is authorized to determine whether the standards of this overlay apply to the entire lot or if they may be limited to only improvements proposed after the effective date of this overlay. The following factors must be taken into consideration:

(a)

The extent and location of the proposed improvements (e.g., buildings, parking, landscaping, drainage) on the parcel.

(b)

The extent of conflicts in applying the standards of this overlay with existing and/or planned improvements.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2020-0016, 11-9-2020)

(A)

Because of the risk that certain chemicals pose to ground water quality, it is recognized that further regulation of use and storage of chemicals related to land use activities is essential in order to preserve public health, welfare and economic vitality of the city's planning area. Areas near wellfields used to supply water for public purposes wherein certain potentially hazardous land uses near such wellfield areas shall be regulated and restricted to a greater extent than the underlying zoning.

(B)

Therefore, the following regulations shall apply to all land within the Wellfield Protection Overlay Districts, with exceptions of single and multi-family residential land uses.

(1)

Applicability of regulation. No building, structure, premises or part thereof shall be constructed, erected, enlarged, extended or relocated except in conformity with these regulations and for uses permitted herein and until a proposed site and development plan has been filed and the city superintendent has issued an improvement location permit.

(2)

Exemption to development and site plan requirements. In W1 and W5 overlay districts, a site and development plan is not required if the existing or proposed use is entirely:

(a)

For single- or multi-family residential use (R1, R2 and R3);

(b)

For professional business offices (B1); and

(c)

Other business uses where, in their normal course of business the threshold amounts of substances hazardous to drinking water as determined by EPA or IDEM are: in overlay district W1, less than one gallon of liquids in the aggregate or six pounds of water soluble solids in the aggregate and in overlay district W5 less than 100 gallons of liquids in the aggregate or 600 pounds of water soluble solids in the aggregate, are stored or used on site at any one time.

(3)

Exemptions. In determining the threshold amount of hazardous substances, the following are exempt:

(a)

Liquids required for normal operation of a motor vehicle in use in that vehicle;

(b)

Reasonable quantities of substances, stored in their original container, used for routine building and yard maintenance stored inside a facility;

(c)

Substances contained within vehicles for bulk deliveries to the site;

(d)

Beverages and food use at restaurants, supermarkets, convenience stores and other retail food establishments;

(e)

Discharge of uncontaminated public water supply water, ground water and/or surface water;

(f)

Substances, which are packaged in pre-sealed containers, sold at retail establishments;

(g)

Substances utilized for the production and treatment of public water supply; and

(h)

Substances, which because of their inherent properties are determined from time to time by the City Superintendent to pose no significant threat to ground water.

(4)

Application required. In addition to a site and development plan the following uses require application to the plan commission, in compliance with Article X of this chapter and a specific finding by an affirmative vote of the plan commission that the proposed use would not be detrimental to the public water supply within wellhead protection overlay areas regardless of the underlying zoning:

(a)

All business, industrial or commercial uses that do not meet the requirements of subsection (B)(3) above and the hazardous substances are not exempt under subsection (B)(3) above;

(b)

Any proposed use that requires the installation of an underground storage tank, holding tank, septic tank, grease trap or any other similar underground facility;

(c)

Car, truck or vehicles wash;

(d)

Animal feedlots, confinement areas and stockyards or slaughterhouse, including meatpacking;

(e)

Mineral, aggregate, metals, clays or any other type of mining. Any type of mineral extraction associated with the removal of sand and gravel shall meet the following requirements.

1.

Removal of sand and gravel material below the normal ground water level shall be accomplished using dragline, floating dredge or an alternative net excavation method.

2.

There shall be no de-watering of sand and gravel mining sites.

3.

No form of solid waste, sludge or any other form of waste material of any kind, including, but not limited to, construction/demolition including milled or broken asphalt and concrete pavement, debris, shall be used, stockpiled, stored or kept on the site. Clean natural earth fill materials may be used without restriction.

4.

All fuels, oils, lubricants, hydraulic fluids, petroleum products or similar materials on the site must be stored using secondary containment facilities.

(f)

Wastewater treatment facilities; and

(g)

Solid waste storage, disposal or transfer stations.

(5)

Prohibited uses. The following uses are prohibited within the wellhead protection overlay areas W1 and W5:

(a)

Open storage of salts, tars and petroleum products, wood treated with preservatives, pesticides, fertilizers, appliances or any other items or product where rain or other environmental action would wash a hazardous substance on or into the soil;

(b)

Junk or salvage yards;

(c)

Hazardous chemical transfer or transport stations, other than bulk deliveries to retail or industrial facilities;

(d)

Warehousing of hazardous chemicals or substances where the warehoused materials exceed in Overlay District W1, more than one gallon of liquids in the aggregate or six pounds of water soluble solids in the aggregate and in overlay district W5 more than 100 gallons of liquids in the aggregate or 600 pounds of water soluble solids in the aggregate, are warehoused at any one time unless the hazardous chemicals or substances are stored in an area that has secondary containment capable of containing 110 percent of the aggregate amounts of liquid and solid hazardous substances;

(e)

Explosives of any kind;

(f)

De-watering of sites except for: prevention of damage to structures; to protect ground water quality; and the temporary de-watering for the construction of sewers and other underground facilities, including foundations; and

(g)

Injection wells of any kind except for the following: non-contact air conditioning (heating and cooling) return flow wells; non-contact cooling water return flow wells; barrier recharge wells used to replenish the water in an aquifer or to improve ground water quality provided the injected fluid does not contain potential ground water contaminants; and non-contact wells associated with recovery of geothermal energy, aquaculture and production of electric power.

(6)

Existing use expansion. Where an existing use is being expanded, the site and development plan shall generally describe the entire site but only the expansion development will be subject to regulation.

(7)

Commitments. The plan commission may permit or require commitments as a requirement for approval of any development listed in subsection (B)(4) above.

(8)

Permitted uses. All uses permitted in the applicable underlying zoning district, subject to the requirement, restrictions, limitations and prohibitions given in subsections (B)(1), (B)(2), (B)(3), (B)(4), (B)(5) and (B)(6) above shall be those allowed in W1 and W2 overlay districts.

(9)

Site and development plan requirements and supporting information.

(a)

The site and development plan submitted to the city superintendent for issuance of a improvement location permit and/or to the plan commission in support of a proposed use listed in subsection (B)(4) above shall include the following:

1.

Any existing uses;

2.

Setbacks;

3.

Landscaping, screens, walls, fences;

4.

Wastewater disposal facilities;

5.

Vicinity map (U.S.G.S. 7.5-minute quadrangle preferred);

6.

Brief history of site of new building, addition or other structures and improvements (usage, historical environmental concerns, abandoned wells, underground storage tanks, septic tanks, holding tanks);

7.

Site map (drawn to scale not to exceed one inch equals 100 feet) to include:

a.

All existing and proposed structures;

b.

Paved and non-paved areas;

c.

Utility lines (inside and outside structures) including sanitary sewers, storm sewers, storm retention/detention basins/ditches/french drains/dry wells and the like (both existing and proposed);

d.

Floor drain locations and outlets;

e.

Chemical/product storage locations;

f.

Waste storage areas;

g.

Liquid transfer areas;

h.

Site surface water bodies (streams, rivers, lakes, ponds ditches);

i.

Underground storage tanks (existing and proposed); and

j.

Aboveground storage tanks (existing and proposed), if applicable.

8.

Description of proposed operations, including chemicals/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/ maintenance procedures, heating source (oil/gas/electric), liquid transfer/loading areas;

9.

Methods and locations of receiving, handling, storing and shipping chemicals/products and waste;

10.

Response measures and reporting;

11.

Description of slopes near containment vessels and waste storage areas; and

12.

Site and development plans must be certified by a technically qualified person competent to evaluate environmental containment facilities and contamination risk to ground water quality. Examples of technically qualified person include professional engineers, certified professional geologists and environmental scientists with specialized training and experience in hydrogeology, contaminant transport and hazardous materials management provided the technically qualified person is licensed by the state in the case of professional engineers and geologists and by a nationally recognized certifying body or federal agency in the case of environmental scientists. Certification shall be to the city and shall state that the site and development plan meets the requirements of this chapter and that the facilities when properly constructed and maintained will meet EPA and IDEM guidelines of containment of hazardous substances and that the risk to ground water contamination is within established EPA and IDEM guidelines.

(b)

The board of zoning appeals shall not approve any petition that amends, abrogates or alters the requirements, standards or uses contained in Wellhead Protection Overlay Areas W1 and W5.

(Ord. No. 2001-1478, 11-19-2001)

(A)

The zoning maps, as adopted by the city council, dated 5-7-2001, and as might be amended or revised from time to time, are hereby declared to be a part of these regulations, which show the boundaries of, and the area covered by the districts. Notations, reference, indications and other matters shown on the zoning maps are as much a part hereof as if they were fully described herein, said zoning map shall be on display in city hall for viewing by the general public.

(B)

Boundaries of the district established by this section are as shown on the zoning maps, which are a part of this chapter.

(C)

When the exact boundaries of a district are uncertain, they shall be determined by use of the scale of the zoning map.

(D)

When a right-of-way is vacated, the districts adjoining each side are respectively extended to the center of the area so vacated.

(E)

In the case of further uncertainty, the Board shall interpret the intent of the zoning maps as to the location of the boundary in question.

(F)

In the event of annexation of lands to the town, the zoning classification existing at the time of annexation shall remain until changed by amendment procedures.

(G)

Any request for zoning map revisions of amendments (rezoning) shall be by application to the plan commission under the provisions of Article X of this chapter. The application shall be specific as to the current zoning district and the proposed zoning district together with any commitments.

(H)

Application for zoning map revisions of amendments (rezoning) can only be made for parcels of record in their entirety, unless the portion to be rezoned and the remaining portion of the record parcel are both 20 acres or greater in area. If either the portion to be rezoned or the remaining portion of the record parcel is less than 20 acres, then, prior to rezoning, successful subdivision of the land is required in accordance with Article XIV of this chapter.

(I)

Where the zoning district of a parcel is not shown on the zoning map, the city superintendent shall determine the appropriate district from documentation of a previously approved zoning change by the city or the county's plan commission as converted to current districts in accordance with Section 94-19 of this chapter. Where no documentation can be produced, the city's plan commission may establish an appropriate district based upon use of a parcel or portions of a parcel on the date the parcel was included in the buffer zone. If the zoning district cannot be determined under the above-cited conditions the land shall be considered to be in an agricultural (AG) district until changed through petition to the plan commission by the owner.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2009-1630, - -2009; Ord. No. 2013-1678, 6-17-2013)

This table shall be used to convert former zoning districts to current zoning districts. A landowner whose land was zoned under the former ordinance who disagrees with this conversion may appeal to the city's board of zoning appeals. The board may change the former district to any appropriate district in this chapter and may impose additional restrictions of use and development standards as necessary to assure compatibility with existing area conditions and/or future development. Use of this table is restricted to the determination of the zoning district of a lot or parcel that has not been previously changed by a zoning map amendment. Existing use of a parcel that is not a permitted use within the converted zoning district is considered non-conforming and will require application to the plan commission for consideration of the appropriate zoning district. Further, any improvement to land or buildings must comply with all provision of this chapter.

(Ord. No. 2001-1478, 11-19-2001)