The purpose of §§ 150.215 through 150.224 of this chapter is to enable the establishment of certain uses enumerated in §§ 150.215 through 150.224 of this chapter, not otherwise permitted in this chapter, under reasonable and uniform limitations, safeguards, and controls deemed to be in the public interest.

(Code 1968, § 130.240)

(A)

An application requesting authority to establish a special use in certain districts as herein permitted shall be filed with the board in the same manner as for an appeal, in forms prepared for the purpose and under established rules and schedules. Upon receipt of the application, a copy shall be forwarded to the commission. The commission shall make a thorough study and evaluation of the case and shall submit its recommendations to the board in writing. After having received the report of the commission, the board shall set a date for a public hearing and shall give notice of the hearing to all interested parties. At the hearing, the report of the commission shall be read in toto and shall be made a part of the board's record.

(B)

The board shall not be bound by §§ 150.215 through 150.224 of this chapter to permit special uses per se, but shall carefully consider the report of the commission, the prayer of persons aggrieved, the existing conditions on the premises, and its surroundings. The board may compel the submission of any data deemed essential in determining whether or not the proposed special use is compatible with surrounding areas.

(Code 1968, § 130.241)

(A)

General. Except as herein provided, nothing in this chapter shall prevent (outside of urban areas) the complete use and alienation of any mineral resources or forests by the owner or alienee thereof. For the purpose of this section, urban areas shall include all lands or lots within the limits of incorporated cities and towns, and any other lands or lots used for residential purposes where there are eight or more residences within any one-quarter (¼) mile square area, and such other lands and lots as have been, or are, planned for residential areas contiguous to incorporated cities or towns. For the purpose of preserving mineral resources and using them in the development and growth of the community, the encroachment of other uses upon land where the resources may be obtained should be avoided.

(B)

Zones in which permitted. The mining of minerals shall be considered a special use and may be permitted in the F Farming Zone, the IL Limited Industrial Zone, and the II Intense Industrial Zone subject to the determination of the board.

(C)

Quality standards.

(1)

In determining whether or not the working of an area for the extraction of minerals is feasible and whether or not the operation should be permitted, the commission and the board may consider the following factors:

(a)

The depth of overburden.

(b)

The quality of deposits at various depths.

(c)

The engineering problems concerning size and area.

(d)

Existing and future land use.

(e)

Ingress and egress and similar traffic problems.

(f)

Proximity of existing residential development.

(2)

In determining the feasibility of a project, the commission and the board may avail themselves of technical aid from state and federal agencies with expertise on the question of mineral resources.

(D)

Standards of operation. The following standards shall be complied with:

(1)

No excavation below adjoining property elevation closer than 1-½ feet horizontal to one foot vertical from the boundary of adjoining property measured at top excavation shall be permitted.

(2)

All equipment used for the production of rock and gravel shall be operated and maintained in such a manner as to comply with applicable state and federal regulations.

(3)

Noise level shall not exceed the decibel limits set forth by the state and federal governments.

(4)

All access roads from the operation of mining grounds to a public road or to adjoining lands shall be treated in such a manner as to render them dust-free for at least 200 feet of any road or zone.

(5)

All excess water shall be drained from trucks or other vehicles hauling materials from the location prior to their entrance into a public highway.

(6)

All lights on site shall be installed in compliance with current and acceptable industrial standards.

(7)

Buildings on the premises shall not become unsightly. Weeds and other such obnoxious vegetation shall be cut, trimmed, or sprayed periodically to preserve the character of the property and to prevent harmful effects upon surrounding areas.

(8)

The site may be used for allied or accessory uses, except for the disposal of refuse and similar uses.

(9)

No production shall be permitted which creates a slope steeper than one foot horizontal to one foot vertical, with the exception of rock quarrying, in which case a vertical face will be accepted.

(10)

Property used or to be used for production shall be enclosed along the exterior perimeter bordering on a highway, street, or thoroughfare, by an acceptable barrier.

(11)

Every point along the property lines within 300 feet of a dwelling, school, playground, hospital, or institution for human care, shall be treated in the following manner:

(a)

Where accumulation of water reaches one foot or more in depth and occupies an area of 100 feet or more, all access to the accumulation shall be barred by a wire mesh fence at least four feet in height, or an equally effective barrier.

(b)

Where slopes steeper than one foot vertical to two feet horizontal, or more than eight feet in height exist, access to the slopes shall be barred by a wire mesh fence at least four feet in height, or an equally effective barrier.

(12)

Whenever production shall have been completed, all plants and equipment shall be entirely removed from the property and all stockpiles shall be removed or backfilled into the pits, within a reasonable time after the completion.

(13)

Digging shall not be permitted to depths in excess of those permitted by the state.

(14)

Every operator shall be insured before commencing the operation of rock and gravel removal. Any producer who may establish a rock and gravel operation after the adoption of this chapter shall post a bond with the city to assure total compliance. This bond shall run for three years and shall be in the amount of not less than 100,000.

(15)

Not more than one year prior to the termination of operations, persons or corporations engaged in rock and gravel mining shall prepare and make available to the commission and the board plans for the restoration of affected lands. These plans may include slope modification, planting, reforestation, the elimination of hazards, and similar measures.

(E)

Report. All persons or corporations engaged in rock and gravel mining shall prepare and make available to the commission information concerning the progress achieved in the mining of minerals. These reports shall include an aerial photograph delineating the boundaries of the operation as of the time of the report. These reports shall be filed with the commission at 5-year intervals.

(F)

Continuation of use. The continuation of the extraction of mineral resources may extend beyond the portion of the property being worked to the exterior boundaries of the property, provided the operation shall comply with the standards prescribed in this section.

(G)

Permits. No mineral resources shall be removed or processing plant be erected until and unless an improvement location permit has been obtained from the administrative zoning officer. No permit shall be issued for any new excavation or mining operation unless the necessary authorization has been received by the officer from the board.

(H)

Application. Application for the extraction of minerals shall be made in writing and shall contain the following data:

(1)

Name and business address of the applicant;

(2)

Zoning classification of the property;

(3)

An accurate map showing exact dimensions of the property to be mined; and

(4)

Consent of the title owner of the premises involved by a notarized instrument.

(Code 1968, § 130.242)

(A)

Definition. A salvage yard shall be an area where waste paper, rags, and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled. A salvage yard shall include auto wrecking yards, dismantling of machinery, house wrecking yards, used lumberyards, and yards for the storage of salvaged house wrecking and structural steel materials and equipment. A salvage yard shall constitute only that portion of a lot where waste materials, papers, rags, discarded or salvaged materials, automobiles not in running condition, house wrecking materials, dismantled machinery and equipment are concentrated. The presence of the materials on a part of a lot shall not preclude the use of the remaining unused area of the lot for salvage yard purposes.

(B)

Zones in which permitted. A salvage yard may be permitted in the F Farming Zone, the IL Limited Industrial Zone, and the II Intense Industrial Zone subject to the determination of the board.

(C)

Conditions. A salvage yard may be permitted under the following conditions:

(1)

No salvage yard shall be closer than 350 feet to any highway, road, or street, and not less than 500 feet from any dwelling, school, church, or institution for human care.

(2)

A salvage yard shall be provided with an adequate road, passable under any weather conditions.

(3)

A salvage yard shall be enclosed along all the exterior boundaries by an approved fence of a type prescribed by the commission, and the same shall have only one entrance or exit.

(Code 1968, § 130.243)

(A)

Definitions. A "refuse disposal site" shall mean an area privately or publicly owned, operated for the purpose of dumping, sanitary covering of solid wastes. The term "solid waste" shall mean any thing discarded such as garbage, rubbish, trash, litter, junk, and refuse, except solids and dissolved materials in domestic sewage and other significant pollutants in water sources, such as silt and dissolved or suspended solids in industrial waste water.

(B)

Zones in which permitted. Refuse disposal sites may be permitted in the F Farming Zone, the IL Limited Industrial Zone, and the II Intense Industrial Zone subject to the determination of the board.

(C)

Procedure.

(1)

Individual, group of individuals, or corporation wishing to establish a refuse disposal site or sites shall:

(a)

Submit a request for the site in forms provided by the board;

(b)

Submit a map to scale showing the proposed site including adjacent area, and a complete plan on how the site is to be developed;

(c)

Submit data relating to existing soils, including seasonal high water table, type and source of cover material; and

(d)

Show proof that they own or can rent the necessary machinery to operate efficiently.

(2)

Upon receiving all the aforementioned data, the board shall transmit a copy of the same to the commission. The commission shall study the case, availing itself of all necessary expertise, and shall make recommendations to the board as to whether or not the proposed refuse disposal sites fit into present and future land use patterns and further, as to whether or not the site is adequate and pollution-free. The determination of the commission shall be made at a regular meeting and forwarded to the board in writing.

(3)

Upon receiving the recommendations of the commission, the board shall then make proper advertisement for a public hearing, notify all parties involved of the date and time of the hearing, and generally proceed in the same manner as for a variance, special exception, or similar appeal. At the public hearing the recommendations of the commission shall be read and made a part of the board's record. The recommendations may be to approve, approve with conditions, or disapprove. A decision of the board which may be contrary to the commission's recommendations shall require five affirmative votes, otherwise the commission's recommendations will hold.

(D)

Conditions under which a refuse disposal site shall not be permitted:

(1)

Within 1,000 feet of an interstate or primary highway.

(2)

Within the floodway of any stream or body of water, unless proper clearances are obtained in writing and filed with the board and the commission prior to consideration of a proposed site. The clearance shall come from the United States Corps of Engineers and the Indiana department of natural resources, and shall be certified by the executive officer of each agency or his duly authorized representative.

(3)

Within an area from which leaching could drain into surface water.

(4)

Within sand and gravel pits, quarries, and ravines, unless it can be ascertained that drainage can be effectively controlled.

(5)

Within running water, spring sites, and standing water.

(6)

Within 1,000 feet of a dwelling, school, church, or institution for human care.

(7)

Within 300 feet of any industrial or commercial building.

(Code 1968, § 130.244)

(A)

Definition. A "Planned multiple-family development unit" shall mean a single-family, two-family, multiple-family development, or combination of all three uses developed as a single unit. The development may include group housing, townhouses, cluster garden structures, apartments, and condominiums.

(B)

Zones in which permitted. Planned multiple-family development units may be permitted in all residence zones (except R-1 Residence Zone) subject to the provisions of §§ 150.218 through 150.224 of this chapter.

(C)

Purpose. The purpose of the planned multiple-family development unit is to provide a more desirable living environment than would be possible through strict application of the provisions of this chapter; to encourage a more desirable use of open areas; to induce innovation in residential development so that the growing demands for housing may be met by greater variety in type, design, and layout of dwellings, and by the conservation of land; to stimulate a more efficient use of public and private services; to provide means by which the type, design, and layout of residential development can be related to sites and demands for housing consistent with the preservation of property values; and to add flexibility to zoning standards as shall encourage the disposition of proposals for the multiple-family development units without delay.

(D)

Procedure. The owner of any tract of land ten acres or more in area may file an application, for tentative approval, with the commission. The application shall include all of the following items:

(1)

Location and size of area involved;

(2)

Density of land use;

(3)

Location, function, ownership, and manner of maintenance of common open space;

(4)

Use, approximate height, bulk, and location of buildings and other structures;

(5)

Feasibility of proposals for the disposition of sanitary and storm water;

(6)

Covenants, grants, and easements to be placed on the use of the land and buildings;

(7)

Provisions for parking of vehicles, and the location and width of proposed streets;

(8)

Relationship of proposed streets to streets in the proximity of the project; and

(9)

Schedule of construction and a written statement of how the project would be consistent with residential growth.

(E)

Principles and standards. In considering the planned multiple-family development units, the commission and the board shall adhere to the following principles and standards:

(1)

The population density and building coverage of the site for the project shall conform to the overall density and building coverage of the zone in which it is located. However, lot dimensions, setbacks, and area do not have to meet specific requirements of the chapter, provided a more logical and desirable use of the property is proposed;

(2)

A variety of dwelling and building types shall be encouraged;

(3)

Where townhouses are suggested, there shall be no more than five townhouse units in any contiguous group. An average rear yard of 25 feet would be desirable where a lot does not abut a park or open-space easement. A minimum side yard on the two end units of contiguous townhouse groups, shall be seven feet, plus three feet for each additional story over one story;

(4)

Planting and utility strips may be eliminated and an equal amount of land area placed into an acceptable public park;

(5)

Areas proposed for dedication must be acceptable in size, shape, and location. Rights-of-way for riding, hiking, and other types of trails and scenic ways may be dedicated. Rights-of-way for watercourses and similar channels shall not be acceptable for space exchanges;

(6)

Clustering of dwellings may be accomplished through a reduction of lot area with overall density remaining the same, and the provisions of usable and desirable open-space easements dedicated;

(7)

Public utility and similar easements shall not be used for space exchange;

(8)

Any project which proposes to dedicate land for park and open space must include the total park area at the time of the filing of the application;

(9)

Maximum privacy for each multiple-family unit shall be provided through functional design, use of proper building materials, and landscaping;

(10)

The architectural design of each multiple-family unit shall be provided through functional design, use of proper building materials, and landscaping;

(11)

Building coverage shall not exceed 40 percent of the net lot area;

(12)

A minimum of 25 percent of the total lot area, exclusive of parking and streets, shall be landscaped for recreation; and

(13)

All onsite utilities shall be placed underground.

(Code 1968, § 130.245)

(A)

Definition. A "truck terminal" shall be the use of property or buildings for the temporary parking of motor freight vehicles or trucks of common or contract carriers during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight.

(B)

Zones in which permitted. A truck terminal may be permitted in the II Intense Industrial Zone.

(C)

Conditions. A truck terminal may be permitted under the following conditions:

(1)

No property to be used as a truck terminal shall be located closer to any dwelling or residence zone than 200 feet.

(2)

The site shall be relatively flat, well-drained, and large enough to accommodate any foreseeable need for expansion.

(3)

The site shall be fully enclosed by a fence or wall adequate to insure that no portion of a vehicle shall extend beyond the lot line.

(4)

The principal access shall not be a local street but a secondary or major highway.

(5)

All vehicular exits and entrances shall be located not less than 100 feet apart.

(6)

Minimum distances on docks to property lines, measured at right angles to the docks, shall be not less than 85 feet where no parking of trailers along the property line is intended, or 100 feet when trailers are so parked, and 60 feet where no pickup trucks are parked.

(7)

Driveways shall be kept open at all times so that there will be no necessity for maneuvering upon entering or leaving the property.

(8)

A 5-to-1 ratio of land to building shall be observed. The dock area shall be twice the size of the combined floor area of the trucks.

(9)

All truck terminals shall be paved with two inches of asphaltic concrete over a 2-inch base of crushed rock.

(10)

All truck parking spaces shall be 12 feet wide and 20 percent longer than the trailer, with a maximum of 60 feet. There shall be three parking spaces for each berth.

(Code 1968, § 130.246)

(A)

Definition. The term "home occupation" shall mean an occupation conducted in a dwelling by a member of the resident family where the clientele would be coming to the premises upon which such occupation is conducted. A home occupation shall be controlled and limited so as to not interfere with the principal use of the premises as a residence and so as to not adversely affect the residential character, use, or value of the adjacent area. This special use does not allow rummage, yard, porch or garage sales, or similar activity.

(B)

Zones in which permitted. A home occupation may be permitted in the F Farming Zone or in any residence zone.

(C)

Conditions. A home occupation shall be determined by and regulated by the following conditions:

(1)

The operator of the home occupation shall remain a resident of the dwelling and no person other than a member of the resident family shall be employed in connection with the home occupation.

(2)

The primary use of the dwelling shall remain residential and the home occupation use shall be clearly incidental and subordinate to the residential use.

(3)

No accessory building or structure shall be used to house a home occupation.

(4)

Not more than 25 percent of the floor area of the dwelling shall be used in the conduct of the home occupation.

(5)

There shall be no change in the outside appearance of the dwelling or the premises or any visible evidence of the conduct of the home occupation other than one sign not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the building in accordance with the provisions regulating home occupation signs in § 150.212.

(6)

No traffic shall be generated in greater volume than normally expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be met off the street and not in the required front yard and in accordance with the provisions regulating parking in § 150.211.

(7)

No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or causes fluctuations on line voltage, off the premises.

(8)

There shall be no visible display or storage of goods or commodities. No stock in trade or commodities, other than those prepared, produced or created on the premises, shall be sold on the premises.

(9)

The granting of a special use for a home occupation shall not transfer with ownership nor to another location.

(10)

A home occupation shall not be considered to include clairvoyance, fortune telling, or experimentation that may involve the use of chemicals or other substances which may create noises, odors, or hazards to health, safety, and welfare of the neighborhood. Neither shall a home occupation include hobby or curio shops, convalescing or nursing homes, tourist homes, and gun shops.

(Code 1968, § 130.247; amend. Ord. No. 67-83, 9-12-83; amend. Ord. No. 42-86, 8-4-86)

(A)

Definition. A "seasonal work camp" shall mean premises where a number of transient workers enjoy temporary quarters while they work for a salary during the harvesting of agricultural products.

(B)

Zones in which permitted. A seasonal work camp may be permitted in the F Farming Zone.

(C)

Conditions. A seasonal work camp may be permitted under the following conditions:

(1)

The camp site shall be free from floodwaters.

(2)

The camp shall be located off a major or secondary highway and not closer than ¼ mile to any residence zone, residential subdivision, town, school, church, or institution for human care. No camp shall be located on the watershed of a domestic or public water supply so as to create a pollution hazard. No camp structure shall be located within 100 feet of any barn or pen.

(3)

An adequate and convenient water supply in line with the requirements of the state board of health shall be provided to meet all the needs of the residents. The water supply shall be capable of supplying a minimum of 35 gallons per person per day.

(4)

Facilities for providing hot water for bathing, laundering, and dishwashing purposes shall be available.

(5)

Public sewer systems shall be tapped into, whenever they are available. Where public sewer systems are not available, the most efficient sewage disposal recommended by the state board of health shall be used.

(6)

All buildings shall meet minimum structural requirements of the building code. Floors shall be of wood or concrete construction. In all shelters, whether existing or new, no less than two rooms shall be provided for each family composed of husband and wife and one or more children. Except in housing of families, separate sleeping accommodations shall be provided for each sex.

(7)

Each room designed or used for sleeping quarters shall have at least 38 square feet of floor space and 270 cubic feet of air space per person. Combined sleeping, cooking, and eating facilities shall have a minimum of 300 cubic feet of air space per occupant, and 40 square feet of floor space per occupant.

(8)

The ceiling of each structure shall be not less than seven feet. Each room shall have a minimum of one window.

(9)

Each habitable room shall be provided with one ceiling type light fixture and at least one separate floor or wall type electric outlet.

(10)

Toilet facilities shall be in accordance with the requirements of the state board of health. The same shall apply to screening, heating, washrooms, bathrooms, and laundries; cooking and eating facilities; garbage and other refuse disposals.

(11)

There shall be a permanent camp operator or supervisor who shall see to it that all health and functional regulations of the camp are being followed and complied with.

(Code 1968, § 130.248)

(A)

Definition. A "private outdoor camp" shall mean premises privately owned and operated as vacation sites, including facilities for camping trailers, mobile homes, and tents or similar appurtenances. The camps shall not allow permanent living or occupancy.

(B)

Zone in which permitted. A private outdoor camp may be permitted in the F Farming Zone.

(C)

Conditions. Any person, group, or corporation desiring to establish a private outdoor camp shall make an application for the use with the board, and shall submit, together with the application, the following data:

(1)

A complete plan of the property, showing its exact boundaries, acreage, topography, existing buildings and other structures, existing streams and watercourses, existing wooded area, location of campgrounds and their capacity, location of picnic areas, trails, or any other similar feature;

(2)

A statement, preferably from the county soil and water conservation district board, attesting to the types of soils prevalent in the area and their suitability for a private outdoor camp. Two soil tests per acre may be required by the board to determine percolation ability with particular emphasis on locations where camping trailers, mobile homes, tents, or similar appurtenances may be parked;

(3)

A statement, from the county board of health as to the nature and extent of sanitary facilities which may be necessary for the operation of a private outdoor camp;

(4)

A statement from authoritative sources of the availability of water on the premises, with supporting facts; and

(5)

A statement of the financial capability of the applicant to establish, maintain, and operate the camp in accordance with existing requirements.

(D)

Standards. A private outdoor camp may be permitted under the following conditions:

(1)

The camp site shall be not less than 20 acres in area;

(2)

The camp site shall be a naturally attractive area with wooded surroundings;

(3)

The camp shall be in the immediate proximity of a major or secondary highway and at least one-half mile from any extensive residential development;

(4)

The camp site shall be well-drained, accessible on an adequate access road not less than 20 feet in width, and capable of safe passage even during extreme weather conditions;

(5)

While parked, no camping trailer, mobile home, tent, or similar appurtenances shall be closer than 15 feet to one another; and

(6)

Unless provisions are made for sanitary sewer facilities, no private outdoor camp shall be permitted within one-half mile of any major body of water used as a source of water supply by residents of the city.

(Code 1968, § 130.249)

(A)

Definition. A single unit dwelling occupied by four or more unrelated individuals sharing a common kitchen and other common living areas.

(B)

Zones in which permitted. Group housing may be permitted in the R-5 residence zone.

(C)

Conditions. Group housing may be permitted under the following conditions:

(1)

A minimum of 250 square feet of floor area shall be provided for each occupant.

(2)

One off-street parking space shall be provided for every two occupants. Such parking shall meet the performance standards as set forth in section 150.211.

(Ord. No. 67-83, 9-12-83)

(A)

Definition. Any residence or institution operated for the purpose of providing care and maintenance to children separated from their parent, guardian, or custodian. This section does not apply to an individual who provides child care in his residence to five or fewer children at any time, excluding relatives of the individual.

(B)

Zones in which permitted. Nursery/day care centers may be permitted in the F farming zone and the R-1 through R-4 residence zones.

(C)

Conditions. Nursery/day care centers may be permitted under the following conditions.

(1)

All provisions of state statutes pertaining to licensing requirements of nursery/day care centers shall be complied with.

(2)

Off-street parking shall be provided in accordance with section 150.211 of this Code.

(3)

All signage giving reference to nursery/day care centers within a residence zone shall meet the specifications of a ground sign as set forth in section 150.211(E)(1) except that no sign shall be illuminated. In addition, faces or panels of such sign may not exceed a maximum of 12 square feet in total. The owner may substitute using a ground sign by placing a sign, not to exceed a total of 12 square feet, flat against the wall of the structure housing the nursery/day care center facility.

(Ord. No. 67-83, 9-12-83)

(A)

Definition. A multi-unit development shall mean residential development consisting of 25, or more, units where the intended development will be designed under one site plan.

(B)

Zones in which permitted. A multi-unit development may be permitted in the R-5 residence zone.

(C)

Purpose. The purpose of a multi-unit development is to provide for a site plan review of larger residential developments to promote future growth in accordance with the comprehensive plan. The site plan review is to ensure new developments are furnished with adequate facilities and services, such as utilities, access roads, ingress and egress to minimize traffic congestion, and drainage; to ensure that adjacent areas are not affected in a substantially adverse manner; and to generally carry out the purpose of this Code.

(D)

Procedure. An application for a multi-unit development shall be filed with the board of zoning appeals under the established rules and procedures for a special use request as specified by this Code. The application shall include the following items:

(1)

Location and size of the area involved.

(2)

Density of land use.

(3)

Location, function, ownership, and manner of maintenance of common open space.

(4)

Use, approximate height, bulk, and location of buildings and other structures.

(5)

Feasibility of proposals for the disposition of sanitary and storm water.

(6)

Covenants, grants, and easements to be placed on the use of the land and buildings.

(7)

Provisions for parking of vehicles and the location and width of proposed streets.

(8)

Relationship of proposed streets to streets in the proximity of the development.

(9)

Schedule of construction and a written statement of how the development would be consistent with residential growth.

(E)

Standards and conditions. In considering an application for a multi-unit development, the board may impose conditions to carry out the intent of this section and this Code. These conditions may include, but are not limited to, the following type of provisions:

(1)

Off-street parking and loading areas.

(2)

Refuse and service areas.

(3)

Special screening and buffering with reference to type, dimensions, and character of same.

(4)

Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with adjacent properties.

(5)

Additional setback distances, yards, and other open space with reference to areas, as needed, to be set aside for open recreational or landscaped areas at a ratio of 100 square feet per unit.

(6)

General compatibility with adjoining properties, with reference to site development standards designed for mutual protection and environmental harmony.

(Ord. No. 67-83, 9-12-83)

(A)

Definition. A vegetative composting/mulching facility shall mean an operation allowing for the biological treatment process by which micro-organisms decompose the organic component of vegetative matter and other types of organic material to create compost. Vegetative matter shall mean any yard or landscaping waste, including leaves, grass, brush, limbs, and branches resulting from commercial, industrial, and agricultural operations or from community activities. For the purpose of this section, a vegetative composting/mulching facility shall not include an operation conducted at a person's residence or farm for vegetative matter and other types of organic material that are generated by the person's activities and stored, treated or disposed of at the person's residence or farm; nor shall this section apply to the uniform spreading of vegetative matter over agricultural fields, whether generated on-site or off-site.

(B)

Zones in which permitted. A vegetative composting facility may be permitted in the F farming zone subject to the determination of the Delaware-Muncie Metropolitan Board of Zoning Appeals.

(C)

Application. In addition to the information required on the standard application for appeal, the following information shall be supplied and may be indicated on the standard application map where applicable if it is of adequate size and scale:

(1)

Topographic mapping showing two-foot contours.

(2)

One hundred-year flood line, if applicable.

(3)

Regulated drains and open waterways within 1,000 feet, if applicable.

(4)

Wetland areas, if applicable, as designated by the National Wetland Inventory Maps for Delaware County.

(5)

Existing residences within 600 feet of the site.

(6)

Existing wells within 600 feet.

(7)

Soils mapping for the site.

(8)

Water table levels for the site.

(9)

The proposed location of the facility on the property including all appurtenant features which shall be considered a part of the facility.

(10)

The proposed point of access and type of construction of the access road.

(11)

A description of compost management procedures to be implemented at the facility including controls for dust, odors, and noise.

(12)

A description of the methods proposed for collecting, removing, and disposing of unwanted and noncompostable materials received at the facility.

(13)

A description of the composting facility that indicates the area to be served by the composting operation.

(14)

A description of the proposed final use of composted materials.

(15)

An estimate of the volume of materials that will be processed annually by the composting facility.

(16)

A description of surface water drainage control and leachate management procedures to be implemented at the composting facility.

The plan commission or the board of zoning appeals may require additional information as deemed necessary to determine compliance with the standards set forth herein.

(D)

Standards: Any proposed vegetative composting facility shall meet the following standards and shall continue to meet such standards throughout the life of the operation:

(1)

The facility shall be registered with the Indiana Department of Environmental Management (IDEM).

(2)

There shall be a minimum distance of 600 feet from the boundary of the facility operation to any existing residence, hospital or institution for human care.

(3)

There shall be a minimum distance of 200 feet from the boundary of the facility operation to any surface water body which is not a part of the composting facility.

(4)

There shall be a minimum distance of 600 feet from the boundary of the facility operation to any public water supply well or private water supply well unless the well is controlled by the owner/operator or is used solely for monitoring ground water quality.

(5)

The facility shall not be located in a floodway as shown on the Floodway Maps for the City of Muncie, Indiana nor in a wetland as shown on the National Wetland Inventory Maps or as determined by the soil conservation service. The facility shall not be located inside the boundary of any 100-year floodplain as shown on the FIRM maps for Delaware County, Indiana, unless protection from the 100-year flood is provided. This standard shall not apply to a facility operated in conjunction with a publicly owned works permitted under IC 13-7-10-2.

(6)

The lowest surface area of the facility shall be at least five feet from a water table or provide adequate controls to prevent ground or surface water contamination.

(7)

The composition and design of the surface area used for composting shall adequately control runoff through the use of ditches, dikes, berms or swales and shall be designed to allow drainage of surface waters away from the compost with no ponding of water between windrows and to allow heavy equipment operation without creating ponding of water and to allow heavy equipment operation during inclement weather with minimal dust and erosion generation.

(8)

The slope of the composting and curing areas shall be graded and maintained at no less than two percent and no greater than six percent.

(9)

That there is a management plan for leachate that may be generated by the composting facility showing that leachate will be prevented from entering surface and ground waters such as direct discharge to an approved treatment facility or leachate conveyance and storage structures. Any leachate that is collected must be disposed of in accordance with the rules promulgated under IC 13-7.

(10)

That a contingency plan is presented detailing emergency equipment, procedures, notification and cleanup for fire, equipment failure and temporary cessation of operations.

(11)

That only vegetative matter is accepted and that any matter received that is unsuitable for composting must be stored in enclosed, leakproof containers maintained on-site for this purpose and disposed of within one week receipt and in accordance with the Indiana Solid Waste Rule (329 IAC 2). Yard waste must be removed from containers and bags.

(12)

That adequate plans for the control of dust, noise, vectors and odors shall be presented and the facility shall be managed in such a manner that these items are so controlled.

(a)

The facility must be operated in such a manner that fugitive dust does not leave the site in violation of 326 IAC 6-4.

(13)

Access roads shall be maintained in such a manner that allows for smooth passage of loaded vehicles during inclement weather with minimal dust and erosion generation.

(14)

For windrow composting, windrows must be constructed parallel to the line of the slope on the site and must be at least 50 feet in from the boundary of the facility operation (which may not be the property boundary). The windrow construction and turning frequency must enable predominately aerobic composting conditions to be maintained throughout the production of compost using the following guidelines:

(a)

If grass clippings are incorporated into windrows, the initial formation of a windrow must be no greater than six feet high and 14 feet wide.

(b)

For windrows containing grass clippings, the turning frequency shall be determined by temperature, and whenever the internal pile temperature exceeds 130 degrees Fahrenheit, the windrow shall be turned within one week.

(c)

Regardless of temperature, windrows shall be turned at a minimum frequency of once per week from April 1st to September 15th of each year.

(d)

Materials received for composting between April 1st and September 15th of each year must be placed in windrows within four days of its receipt.

(15)

A grass buffer area at least 25 feet in width shall be located at the perimeter of the site immediately adjacent to the facility boundaries for controlling erosion.

(16)

If any nuisance or pollution conditions are created, immediate corrective action will be taken by the owner/operator.

(17)

Fencing may be required at the discretion of the board of zoning appeals based upon recommendations from the plan commission and upon consideration of the individual characteristics of the site and proposed facility development.

(18)

Copies of the annual report required by the Indiana Department of Environmental Management shall be forwarded to the plan commission office before February 1st of each year.

(19)

The method of disposal of compost, as set forth in the original application, may be limited by conditions imposed by the board of zoning appeals.

The board of zoning appeals may require surety, in a manner satisfactory to the City of Muncie, that the facility will be operated and closed as set forth herein.

(E)

Closure of a vegetative composting/mulching facility. If and when an operator of a composting facility declares the facility closed, the following procedure shall be followed:

(1)

Written notice of the anticipated date to cease operation shall be forwarded to the plan commission, the Delaware County health department, and the City of Muncie Zoning Administrator not less than 60 days prior to closure.

(2)

Not later than ten days after closure, the operator shall thoroughly clean all facilities, equipment and areas on the site as follows:

(a)

All compost shall be removed from the site.

(b)

All containers, equipment, machines, floors, facility surfaces that were in contact with compost and that are not to be removed shall be washed or otherwise subjected to procedures that substantially reduce or eliminate any remaining constituents derived from the compost.

(c)

When a leachate system has been used, any leachate remaining on the site shall be removed and disposed of properly and the leachate collection system shall be thoroughly flushed of all materials derived from the composting activity.

(3)

Not later than 180 days after closure, the owner or operator shall install signage stating, in letters not less than three inches high, that the facility is closed and such signage shall be posted in such a manner as to be easily visible at all access points from the public roadway and shall be maintained in legible condition for not less than one year after closure. The signage text shall read:

"THIS FACILITY IS CLOSED FOR ALL COMPOSTING ACTIVITIES AND ALL RECEIPT OF WASTE MATERIALS".

(4)

If a leachate collection system has been used, the owner or operator shall, within 180 days after closure, modify, remove or seal the system as necessary to prevent discharges from the system to surface or ground water.

(Ord. No. 21-93, § 5, 7-12-93)