AGRICULTURAL LAND USES
The intent of this district is to provide for and protect substantial areas for a broad variety of agricultural uses where little or no urbanization has occurred or is planned to occur. Due to the intensive nature of the agricultural uses in this district, it is critical that residential development is limited to dwellings related to a farm operation. A-2 districts should be buffered from residential uses through graduated use of less intensive agricultural districts.
See permitted use table.
A confined feeding operation or concentrated animal feeding operation shall be permitted by special use and have Indiana Department of Environmental Management approval and follow Indiana Department of Environmental Management regulations. An existing confined feeding operation or confined animal feeding operation in this zone that is a non-conforming may expand their operation, but not more than 50% greater than the existing operation.
Signs
Parking
Planned unit development standards
Animal standards
Preserve and continue the county's street network/pattern.
Septic and well systems allowed.
Stormwater drainage to be reviewed by county surveyor.
As an exception to the ten-acre minimum area requirement specified in Article 03, A-2, 4 of this ordinance lots of less than ten acres may be created by the owner of a parcel of property as of May 15, 1990, without an approved and recorded subdivision under the Hamilton County subdivision control ordinance.
A.
Such exceptions shall meet the following requirements.
i.
Up to three new lots may be created from the entire parcel of property owned (the singular term "parcel" including all contiguous properties in common ownership); and
ii.
The new lot(s) may be directly adjacent to another lot(s); however, in the event such new lot(s) does not share a common boundary line with another lot, such new lot(s) shall be at least 750 feet from the boundary of any other lot(s) at its closest point; and
iii.
Neither the new lot(s) nor the remainder of the original parcel from which the new lot(s) were created shall be less than three acres.
iv.
All other requirements of the zoned district in which the structure is located shall be met.
B.
Proof of ownership before May 15, 1990, is the sole responsibility of the property owner. The executive director shall make written determination upon satisfactory evidence of ownership.
C.
Re-deeding a property to add a transfer on death beneficiary does not break continuity of ownership so long as the parties in the title remain the same. All other transfers would break continuity.
D.
This exception does not apply to parcels which have been transferred on or after May 15, 1990, said parcel shall not be eligible for split under this section.
E.
This exception does not apply to parcels held by trusts, estate, businesses, or other corporate entities of any kind.
Where an existing single family residential structure along with its accessory buildings have existed as of May 15, 1990, a new parcel may be created (split/subdivided) for these structures per the following standards being met before the parcel is recorded by the Hamilton County recorder's office and the Hamilton County auditor's office.
A.
The minimum new parcel size shall be not less than one acre.
B.
The minimum remaining parcel size shall be not less than 37 acres.
C.
The new parcel shall have a septic/sewage system approved by the Hamilton County Health Department.
D.
The new parcel shall be reviewed by the Hamilton County surveyor's office.
E.
The existing primary structure shall be in habitable condition at the present time and shall have been occupied within the past 18 months.
F.
The existing structure shall not be classified as an unsafe building per the standards listed in the Hamilton County unsafe building law (Ord. No. 11-23-93).
G.
All other requirements of the zoned district in which the structure is located shall be met.
The A-2S district provides for a variety of less intensive agricultural uses, while accommodating some low-density single-family dwellings and subdivisions in appropriate locations. Subdivisions are encouraged to be located closer to or adjacent to established municipalities where public utilities can be provided to the subdivision. This district was created to accommodate and provide opportunities for rural development while excluding residential uses from the agricultural districts to promote and protect the agricultural economy. Subdivisions are preferred over single lot dwellings to encourage more compact and contiguous development.
See permitted use table
Nonconforming uses. Any livestock facility in an A-2S district that is a pre-existing non-conforming use may expand their operation. Note: A non-conforming use can be required to comply with requirements to which conforming agricultural uses are subject to (see IC § 36-7-4-616).
Signs
Parking
Planned unit development standards
Animal standards
Preserve and continue county's highway network.
All driveways shall be located off the subdivision road. No driveways shall be located off a county or municipal road unless written permission from the Hamilton County Highway Department.
Septic and well systems are permitted.
Stormwater drainage to be reviewed by county surveyor.
The intent of this district is to provide for and protect substantial areas for a broad variety of agricultural commercial business uses. It is the intent of this district to limit all non-farm residential uses to provide for large areas of contiguous farmland and agribusiness.
See permitted use table
Signs
Parking
Planned unit development standards
Animal standards
Preserve and continue county's highway network.
Septic and well systems are permitted.
Stormwater drainage to be reviewed by county surveyor.
AGRICULTURAL LAND USES
The intent of this district is to provide for and protect substantial areas for a broad variety of agricultural uses where little or no urbanization has occurred or is planned to occur. Due to the intensive nature of the agricultural uses in this district, it is critical that residential development is limited to dwellings related to a farm operation. A-2 districts should be buffered from residential uses through graduated use of less intensive agricultural districts.
See permitted use table.
A confined feeding operation or concentrated animal feeding operation shall be permitted by special use and have Indiana Department of Environmental Management approval and follow Indiana Department of Environmental Management regulations. An existing confined feeding operation or confined animal feeding operation in this zone that is a non-conforming may expand their operation, but not more than 50% greater than the existing operation.
Signs
Parking
Planned unit development standards
Animal standards
Preserve and continue the county's street network/pattern.
Septic and well systems allowed.
Stormwater drainage to be reviewed by county surveyor.
As an exception to the ten-acre minimum area requirement specified in Article 03, A-2, 4 of this ordinance lots of less than ten acres may be created by the owner of a parcel of property as of May 15, 1990, without an approved and recorded subdivision under the Hamilton County subdivision control ordinance.
A.
Such exceptions shall meet the following requirements.
i.
Up to three new lots may be created from the entire parcel of property owned (the singular term "parcel" including all contiguous properties in common ownership); and
ii.
The new lot(s) may be directly adjacent to another lot(s); however, in the event such new lot(s) does not share a common boundary line with another lot, such new lot(s) shall be at least 750 feet from the boundary of any other lot(s) at its closest point; and
iii.
Neither the new lot(s) nor the remainder of the original parcel from which the new lot(s) were created shall be less than three acres.
iv.
All other requirements of the zoned district in which the structure is located shall be met.
B.
Proof of ownership before May 15, 1990, is the sole responsibility of the property owner. The executive director shall make written determination upon satisfactory evidence of ownership.
C.
Re-deeding a property to add a transfer on death beneficiary does not break continuity of ownership so long as the parties in the title remain the same. All other transfers would break continuity.
D.
This exception does not apply to parcels which have been transferred on or after May 15, 1990, said parcel shall not be eligible for split under this section.
E.
This exception does not apply to parcels held by trusts, estate, businesses, or other corporate entities of any kind.
Where an existing single family residential structure along with its accessory buildings have existed as of May 15, 1990, a new parcel may be created (split/subdivided) for these structures per the following standards being met before the parcel is recorded by the Hamilton County recorder's office and the Hamilton County auditor's office.
A.
The minimum new parcel size shall be not less than one acre.
B.
The minimum remaining parcel size shall be not less than 37 acres.
C.
The new parcel shall have a septic/sewage system approved by the Hamilton County Health Department.
D.
The new parcel shall be reviewed by the Hamilton County surveyor's office.
E.
The existing primary structure shall be in habitable condition at the present time and shall have been occupied within the past 18 months.
F.
The existing structure shall not be classified as an unsafe building per the standards listed in the Hamilton County unsafe building law (Ord. No. 11-23-93).
G.
All other requirements of the zoned district in which the structure is located shall be met.
The A-2S district provides for a variety of less intensive agricultural uses, while accommodating some low-density single-family dwellings and subdivisions in appropriate locations. Subdivisions are encouraged to be located closer to or adjacent to established municipalities where public utilities can be provided to the subdivision. This district was created to accommodate and provide opportunities for rural development while excluding residential uses from the agricultural districts to promote and protect the agricultural economy. Subdivisions are preferred over single lot dwellings to encourage more compact and contiguous development.
See permitted use table
Nonconforming uses. Any livestock facility in an A-2S district that is a pre-existing non-conforming use may expand their operation. Note: A non-conforming use can be required to comply with requirements to which conforming agricultural uses are subject to (see IC § 36-7-4-616).
Signs
Parking
Planned unit development standards
Animal standards
Preserve and continue county's highway network.
All driveways shall be located off the subdivision road. No driveways shall be located off a county or municipal road unless written permission from the Hamilton County Highway Department.
Septic and well systems are permitted.
Stormwater drainage to be reviewed by county surveyor.
The intent of this district is to provide for and protect substantial areas for a broad variety of agricultural commercial business uses. It is the intent of this district to limit all non-farm residential uses to provide for large areas of contiguous farmland and agribusiness.
See permitted use table
Signs
Parking
Planned unit development standards
Animal standards
Preserve and continue county's highway network.
Septic and well systems are permitted.
Stormwater drainage to be reviewed by county surveyor.