a.

Permitted uses—The table of permitted uses, contingent uses and special exceptions is a general listing of those uses and types of uses which are likely to occur in each district.

1.

Interpretation—In the interpretation of the table of permitted uses, contingent uses and special exceptions, where a use is not specifically listed in the table, its status shall be determined by the board.

2.

Table of permitted uses, contingent uses and special exceptions—Buildings or premises may be used and buildings may be erected or structurally altered only for the purpose set forth in the table of permitted uses, contingent uses and special exceptions and only within those districts specified, as follows:

a)

P—Permitted use.

b)

S—;hg;Special exceptions, permitted in the designated district subject to the conditions and procedures set forth in this article.

c)

C—;hg;Contingent uses; uses which are likely or liable, but not certain, to occur and which is not inappropriate to the principal uses of the district in which it may be located, are permitted in the districts indicated in the table of permitted uses, contingent uses and special exceptions. Setback requirements will comply with the district occupied.

3.

Floodplain—All uses in the FP district are shown as special exceptions and must meet the provisions of section 10-60 and the conditions as set forth in division IV of this ordinance, if applicable.

4.

Fill materials—In every instance in which material is used or intended to be used as fill or to otherwise prepare or improve ground upon which improvements are to be made, an improvement location permit shall be required. In any such instance, only sand, gravel, dirt, stone or other nondegradable materials shall be allowed as fill.

5.

Mineral extraction—Lands or properties used for the purpose of extracting minerals or other material contained therein shall be returned to arable condition and with suitable ground cover, following completion of the extraction operations. (Gen. Ord. No. 1, 1995, art. 4, § 1, 4-24-95)

Special exceptions are those listed herein and in the table of permitted uses. They are uses due to their nature, involve the public interest; their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities; they are permissible, but only with the permission of the board of zoning appeals.

a.

Special exceptions may be permitted by the board in the districts indicated in accordance with the procedure set forth in this section and the requirements listed herein.

b.

Upon receipt of an application for an improvement location permit for a special exception, the building commissioner shall review the application to determine whether the granting of the special exception by the board of zoning appeals would adversely and significantly affect the general purpose or scheme of the zoning ordinance or comprehensive plan; if the building commissioner so determines, the building commissioner shall refer the application to the plan commission for its examination and recommendation to the board of zoning appeals as to its effect on the zoning ordinance. The plan commission shall not be required to hold public hearings during its investigation, but may do so if it deems advisable. The plan commission shall report the results of its study to the board of zoning appeals within thirty (30) days following its receipt of the application, provided that if no such report has been filed with the board of zoning appeals within such time, the board of zoning appeals may proceed to hear the application. If the building commissioner determines that the granting of the application would have no significant and adverse effects on the zoning ordinance, the building commissioner shall refer the application to the board of zoning appeals for hearing as provided hereinafter.

c.

The board shall conduct a public hearing on the application and if the board finds that:

1.

The establishment, maintenance, or operation of the special exception will not be detrimental to, or endanger the public health, safety, morals or general welfare; and

2.

The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood; and

3.

The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding properties for the uses permitted; and

4.

Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and

5.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

6.

The special exception will be located in a district where such use is permitted and that all other requirements of this ordinance applicable to such special exception will be met;

The board shall direct the building commissioner to issue an improvement location permit for such special exception. The findings of the board shall be in writing.

d.

Every applicant who fails to commence construction within twelve (12) months after the issuance of the improvement location permit, or who fails to carry to completion at least thirty percent (30%) of the development plan within three (3) years after such issuance, or who fails to conform to the provisions of the development plan approved by the board, may be required by the board upon its own motion, and shall be required upon written petition of any aggrieved person to show cause why such approval should not be withdrawn and such permit revoked.

1.

Upon such motion or petition, the board shall set the same for public hearing.

2.

If after such hearing the board shall find that the holder of the permit has failed to commence construction of the special exception use within twelve (12) months from the date the improvement location permit was issued, has failed to carry to completion thirty percent (30%) of the total development plan within three (3) years after said date, or has failed to materially conform to the provisions of the development plan, the board may withdraw its approval of such special exception and order such permit revoked, or it may extend the commencement or completion time.

e.

The holder of an improvement location permit for a special exception may apply to the board for an alteration, change or amendment of the development plan upon which such permit was based, or for an extension of the time within which such special exception must be commenced or completed.

1.

Upon receipt of such application, the board shall proceed as in the case of original applications for an improvement location permit for a special exception.

2.

In the event the board shall order such development plan changed, altered, or amended or extend the commencement or completion time therefore, it shall notify the building commissioner who shall issue an amended improvement location permit.

f.

List of special exceptions—Buildings or premises may be used, erected or structurally altered only for the purposes set forth in the following list of special exceptions and only within those districts specified in the table of permitted uses.

1.

Animal hospitals and veterinary clinics.

a)

Shall have a minimum lot area of twenty thousand (20,000) square feet.

b)

Shall have no outside pens or runs.

c)

Buildings or structures shall be located a minimum of fifty (50) feet from adjacent property lines, provided that where such uses are located adjacent to a residential district or use the side and rear yard requirements shall be increased to one hundred (100) feet.

2.

Apartment dwelling—Apartment dwellings must comply with the zoning regulations of the district in which the proposed use is to be located.

3.

Artificial lake.

a)

A six (6) foot wire mesh fence shall be erected on the perimeter where accessible to the public.

b)

A development plan shall be submitted.

c)

Parking shall be provided as determined by the board of zoning appeals based upon expected use.

4.

Automobile dismantling and storage yards.

a)

Shall have a minimum lot area of ten (10) acres.

b)

Buildings or structures shall be located a minimum of forty (40) feet from adjacent property lines, provided that where such use is located adjacent to a residential district or use, the side and rear yard requirements shall be increased to two hundred (200) feet.

c)

Adequate screening shall be provided in accordance with the development plan and shall consist of a solid wall or solid painted fence eight (8) feet high or eight (8) foot high mesh fence covered and maintained with thick ivy growth.

5.

Billboard signs—Shall not be closer to any other use than one hundred (100) feet to its front, thirty (30) feet to its side, and twenty (20) feet to its rear.

6.

Boarding/lodging/house.

a)

Shall comply with lot area requirements and front, side, and rear area requirements of the district in which it is located.

b)

A development plan shall be submitted.

c)

Outdoor signs and outdoor lighting shall be approved by the board of zoning appeals.

d)

Approval by the building inspector of sewers and stormwater drainage.

e)

Maximum height of any structure shall be thirty-five (35) feet.

7.

Car wash.

a)

Shall have a minimum lot area of four thousand (4,000) square feet per booth.

b)

Shall have two (2) side yards and a rear yard with a minimum setback of fifty (50) feet each.

c)

Entrances and driveways shall be subject to approval by the board.

d)

Wastewater must pass through a settling trap.

e)

Plan of landscape development shall be subject to approval by the board.

f)

Tight screen planting shall be provided where abutting residential districts or uses.

8.

Cemetery.

a)

Shall have a minimum lot area of twenty (20) acres.

b)

Shall have two (2) side yards and a rear yard with a minimum setback of fifty (50) feet each.

c)

Entrances and driveways shall be subject to approval by the board.

d)

Plan of landscape development shall be subject to approval by the board.

e)

Tight screen planting shall be provided where abutting residential districts.

f)

Maximum height of any structure shall be thirty-five (35) feet.

g)

Shall have a development plan.

h)

Outdoor signs or outdoor lighting subject to the approval of the board of zoning appeals.

9.

Child care center (day care center):

a)

Shall comply with the zoning regulations of the district in which the proposed use is to be located.

b)

State licensing requirements are met, including those pertaining to building, fire safety and health codes.

c)

Lot size, building size, setbacks and lot coverage conform to those applicable to the zoning district.

d)

Signage, if any, will conform to the requirements of the zoning district.

e)

An on-site vehicle turnaround, or separate entrance and exit points, and passenger loading area must be provided.

f)

A solid fence at least six (6) feet high must be installed along each side and rear yard lot line.

g)

No structured area for active play or play structures may be located in a front yard or within ten (10) feet of a side or rear lot line.

h)

The site must be landscaped in a manner compatible with adjacent residences.

i)

No structural or decorative alteration that will alter the residential character of an existing residential structure used for a child mini-day care or child day care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.

j)

To the extent the requirements of this ordinance are inconsistent or vary from state statute, the provisions of the state control.

10.

Child care home (day care home):

a)

Shall comply with the zoning regulations of the district in which the proposed use is to be located.

b)

State licensing requirements are met, including those pertaining to building, fire safety and health codes.

c)

Lot size, building size, setbacks and lot coverage conform to those applicable to the zoning district.

d)

Signage, if any, will conform to the requirements of the zoning district.

e)

An on-site vehicle turnaround, or separate entrance and exit points, and passenger loading area must be provided.

f)

A solid fence at least six (6) feet high must be installed along each side and rear yard lot line.

g)

No structured area for active play or play structures may be located in a front yard or within ten (10) feet of a side or rear lot line.

h)

The site must be landscaped in a manner compatible with adjacent residences.

i)

No structural or decorative alteration that will alter the residential character of an existing residential structure used for a child mini-day care or child day care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.

j)

To the extent the requirements of this ordinance are inconsistent or vary from state statute, the provisions of the state control.

k)

With respect to child care home—The child care home must also be used as the primary residence of the child care provider.

11.

Confined feeding operations (CFOs) and concentrated feeding operations (CAFOs).

a)

Definitions.

1)

Confined feeding operation. For the purposes of this section "confined feeding operation" shall have the same meaning as set forth at I.C. § 13-11-2-40, which now states:

(a)

Any confined feeding of:

(i)

At least three hundred (300) cattle;

(ii)

At least six hundred (600) swine or sheep; and

(iii)

At least thirty thousand (30,000) fowl;

(b)

Any animal feeding operation electing to be subject to I.C. § 13-18-10; or

(c)

Any animal feeding operation that is causing a violation of:

(i)

Water pollution control laws;

(ii)

Any rules of the water pollution control board; or

(iii)

I.C. § 13-18-10.

2)

Applicant. The person or entity seeking any permit, approval, certificate, or determination for a CFO or CAFO.

3)

CAFO (concentrated animal feeding operation) Medium.

(a)

A structure that confines, or is capable of confining, the type or number of animals that fall within any of the ranges listed below. Where animals are confined, fed and maintained for at least forty-five (45) days during any year and where there is no ground cover or vegetation present over at least half of the confinement area.

(b)

Any animal feeding operation where the operator elects to come under this section, any animal feeding operation causing a violation of I.C. § 13-18-10, as amended, or I.C. § 13-18-4, as amended.

4)

CAFO (concentrated animal feeding operation) Large.

(a)

A structure that confines, or is capable of confining, the type or number of animals that fall within any of the ranges listed below. Where animals are confined, fed and maintained for at least forty-five (45) days during any year and where there is no ground cover or vegetation present over at least half of the confinement area.

(b)

Any animal feeding operation where the operator elects to come under this section, any animal feeding operation causing a violation of I.C. § 13-18-10, as amended, or I.C. § 13-18-4, as amended.

(c)

Any CFO may be designated a CAFO by IDEM upon IDEM's determination that such CFO is a significant polluter of water.

(d)

Any livestock operation with any combination of livestock listed herein that equals one hundred percent (100%) of the minimum species number of a medium CAFO shall be defined as a CAFO. This provision shall be based on structure capacity, rather than the actual number of animals confined.

5)

CFO and CAFO registraton. A document certifying the CFO or CAFO owner's registration, with the Wabash City Plan Commission, of all structures, buildings, lagoons, pits, ponds, holding tanks, livestock, or land associated with the CFO or CAFO.

6)

Improvement location permit. A permit of zoning compliance indicating that the proposed use, construction, reconstruction, alteration, or moving of a building or structure, lagoon, pit, pond, holding tank or use of land, referred to therein, complies with the provisions of this section.

7)

Manure. Any animal or fowl excreta, and any bedding, litter or water that has been in contact with or contaminated by such excreta.

8)

Pre-application permit. A certificate of intention to construct, reconstruct, alter, enlarge, or move, a building, structure, lagoon, pit, pond, holding tank, or use land in accordance with the requirements of this section and all relevant laws, rules and regulations of the U.S. and the State of Indiana, and the National Pollutant Discharge Elimination System.

9)

Pond. A small area designed for short term collection and storage of feedlot runoff. Manure solids, except in extremely small quantities, to be excluded.

10)

Process waste liquid. Liquid to be handled as manure that is generated at the CFO or CAFO including excess drinking water, clean-up water, contaminated livestock truck or trailer wash-water, milking parlor wash-water, milk house wash-water, egg wash-water, silage leachate, or any run off that threatens water quality standards.

11)

Setbacks. The mandatory and absolute minimum horizontal distance (specified in feet) that must be established between two (2) designated points.

b)

Pre-application permit.

1)

Prior to submitting a permit application to IDEM or NPDES, a city CFO or CAFO applicant shall request a pre-application permit from the Wabash City Plan Commission. Except as provided hereinafter, for a period of eighteen (18) months after the issuance of a pre-application permit, the plan commission shall not issue any building permit for a dwelling to be located within the established setback of the proposed CFO or CAFO site.

2)

Provided, however, that this restriction shall not prevent the owner of the proposed CFO or CAFO site, or a member of such owner's immediate family, from obtaining such building permit, if such person shall record, in the office of the Wabash County Recorder, a statement substantially in the following form:

COVENANTS, CONDITIONS
AND RESTRICTIONS

This declaration of covenants, conditions and restrictions is made by _______, hereafter referred to as "Declarant."

WHEREAS, Declarant is the (owner) (purchaser) of the following described real estate in Wabash County, Indiana:

WHEREAS, Declarant acknowledges that Declarant's proposed residential use is within established set-back requirements for a Confined Feeding Operation (CFO) or a Concentrated Animal Feeding Operation (CAFO) that is either existing or proposed; and

WHEREAS, Declarant acknowledges that such residential use may be adversely affected by odors and noise customary to a CFO or CAFO.

WHEREAS, Declarant wants, nevertheless, to establish a residential use in close proximity to a CFO or CAFO site.

THEREFORE, Declarant, for (himself) (herself) (themselves) (itself), and for all persons, firms, entities, personal representatives, heirs, devisees, successors and assigns hereafter claiming ownership from or through Declarant, hereby waive(s) any rights which they might otherwise have as owners of real estate, to object to, petition against, or to file any lawsuit for damages, injunctions or other legal or equitable relief against the owners or operators of any agricultural enterprise, including, but not limited to, the following:

1.

The use of buildings and the construction or expansion of buildings, for raising, breeding or feeding of livestock, provided the construction and use of such buildings are within applicable federal, state and local laws, rules and regulations.

2.

The use of all agricultural real estate for any lawful agricultural uses, including but not limited to, spreading of manure, effluent, wastes, fertilizer, chemicals and the like.

These covenants shall run with the land and be enforceable by the owner or operator of any agricultural enterprise in proximity to the above described real estate.

Executed this _______ day of ___.

[Signatures, Notary and any other requirements for recording.]

3)

No pre-application permit shall be issued to any CFO or CAFO applicant who has a significant connection with any pending or otherwise unresolved violation of any environmental related statute, rule, regulation or order of any federal, state or local governing body.

4)

No pre-application permit may be may be transferred to any other location, owner or legal entity.

5)

A pre-application permit may be renewed one (1) time, for an additional six (6) months, but only if the applicant proves diligence in seeking IDEM and NPDES operation permits.

6)

A pre-application permit fee shall be assessed as follows:

(a)

$0.02 per square foot of structure.

(b)

A portion of such fee, less expenses, may be refunded if, after review by the plan commission, it is determined that the applicant's state permit has been denied, or if circumstances beyond the applicant's control prevent continuation of the application process. However, no refund shall be granted after commencement of excavation or construction.

7)

Each applicant for a pre-application permit shall acknowledge in writing that the applicant has reviewed and understands the requirements of this section.

8)

Within thirty (30) days after the issuance of a pre-application permit, each property owner within two thousand six hundred forty (2,640) feet of the property upon which the CFO or CAFO is proposed to be built shall be notified by certified mail, return receipt requested of the proposed CFO or CAFO application by the applicant and proof of such notice shall be submitted to the plan commission at or prior to the plan commission's meeting at which the application is to be considered.

9)

The notice requirement prescribed herein shall be in addition to all other notification requirements, including that imposed by I.C. § 13-18-10-2, as amended.

c)

Improvement location permit.

1)

After a CFO or CAFO applicant has received both IDEM and NPDES approval, the applicant shall present copies of such approvals to the plan commission and shall apply for an improvement location permit.

2)

An improvement location permit shall be required for:

(a)

All new CFO or CAFO structures, lagoons, pits, holding tanks, etc.

(b)

Expansion, extension or enlargement of any existing CFO or CAFO.

d)

Transfer.

No land upon which a CFO or CAFO exists, or for which a CFO or CAFO improvement location permit has been issued, shall be sold, transferred, conveyed or leased to any person or entity that has any pending or otherwise unresolved violation of any environmental related statute, rule, regulation or order of any federal, state or local governing body.

e)

CFO, CAFO registration.

1)

Every owner of a CFO or CAFO within the jurisdictional area of the plan commission shall register such facility with the plan commission within one (1) year after the adoption of this section.

2)

Registration shall include a legal description and Wabash County aerial photograph of the site, and a current IDEM status report if any has been issued.

3)

The owner of each new CFO or CAFO within the jurisdictional area of the plan commission shall register with the plan commission at the same time the application for improvement location permit is completed.

4)

The owner of each CFO or CAFO shall renew such registration with the plan commission every three (3) years. The plan commission shall send notice to each such owner at least sixty (60) days before such registration renewal is due.

f)

Location, setbacks, and other requirements.

1)

No CFO or CAFO, including its lagoons, ponds, pits, holding tanks and related structures, may be located within the city limits.

2)

Any CFO or CAFO, including its lagoons, ponds, pits, holding tanks and related structures, may be located may be located in any area outside the city limits but within the jurisdictional limits of the plan commission as a special exception if the site for the CFO or CAFO is zoned agricultural.

3)

Any lagoons, ponds, or pits for a CFO or CAFO, must meet the following setbacks:

(a)

Two thousand six hundred forty (2,640) feet from any public well.

(b)

One thousand six hundred (1,600) feet from any public building including, civic, cultural, educational religious, or recreational facility existing at the time of the issuance of an improvement location permit.

(c)

One thousand six hundred (1,600) feet from any residence except one (1) located on the same parcel of ground as the CFO or CAFO and owned by the owner of the CFO or CAFO.

4)

Any holding tanks, structures, or other facilities other than those set forth in the immediately preceding paragraph related to a CFO or CAFO must meet the following setbacks:

(a)

Two thousand six hundred forty (2,640) feet from any public well.

(b)

One thousand three hundred twenty (1,320) feet from any public building including, civic, cultural, educational religious, or recreational facility existing at the time of the issuance of an improvement location permit.

(c)

One thousand three hundred twenty (1,320) feet from any residence except one (1) located on the same parcel of ground as the CFO or CAFO and owned by the owner of the CFO or CAFO.

5)

No new dwelling may be constructed within:

(a)

One thousand three hundred twenty (1,320) feet of a CFO or CAFO, unless the requirements of subsection b)2) are met.

(b)

One thousand six hundred (1,600) feet from open holding tanks and all lagoons, unless the requirements of subsection b)2) are met.

(c)

Provided however, that the city board of zoning appeals may grant a variance from the requirements of subsection f) as to the separation distance between a CFO or CAFO and a dwelling owner who is not associated with the CFO or CAFO, if there is not less than five hundred (500) feet between any CFO or CAFO structure and the dwelling, and if the document described at subsection b)2) is recorded in the office of the Recorder of Wabash County, Indiana.

6)

All newly constructed CFO or CAFO structures, lagoons, pits, ponds, holding tanks must be set back a minimum of three hundred (300) feet from public roads or property lines.

7)

Screening and/or landscape barriers will be required for new structures, lagoons, pits, ponds, holding tanks that are located less than five hundred (500) feet from a public road or property line, must comply with the requirements of section 10-77 of this Code and must be properly maintained.

8)

No CFO or CAFO shall be located on a parcel or tract of land less than ten (10) acres.

9)

In the event that a CFO or CAFO has ceased operation for at least three (3) consecutive years, the operation shall not resume or continue without approval as a new CFO or CAFO.

g)

Manure management.

Any owner or operator of a CFO or CAFO, and anyone who transports or applied CFO or CAFO manure or process waste liquid within the jurisdictional area of the plan commission shall follow all state and county regulations for transporting, storage and application of such manure or process waste liquid, including the requirements found at 327 Indiana Administrative Code, Article 15.

h)

Conformance.

In the event that IDEM or NPDES determines that setbacks of greater distance than as required by this section are required, then such IDEM or NPDES requirements shall prevail.

i)

Enforcement.

1)

This section may be enforced, at law or in equity, by the attorney for the plan commission, or by the city attorney, by action filed in the city circuit or superior courts or the city court. The remedies provided in this section shall be cumulative and in addition to any other remedy provided by law.

2)

Any person violating any of the provisions of this section shall be liable for the expense, loss or damage occasioned by reason of such violation, including reasonable attorney's fees and costs, including all costs of enforcement, in addition to any penalties levied pursuant to section 10-19 of this Code.

j)

Severability.

Invalidity of any section, clause, sentence or provision of this section shall not affect the validity of any other part of this section.

12.

Convenience dairy stores.

a)

Minimum lot size, setback requirements, and height requirements shall meet the restrictions of the district in which proposed use is to be located.

b)

Shall provide off-street delivery area for largest truck.

13.

Country club.

a)

Development plan including effective screening to be submitted with application.

b)

Parking shall be a minimum of twenty-five (25) feet from an adjacent residential use.

c)

Entrance driveways shall be subject to approval by the board.

14.

Gasoline (fuel) service stations.

a)

Shall have a minimum lot area of fifteen thousand (15,000) square feet with an additional two thousand (2,000) square feet for each service bay over two (2) operated in connection with said service station.

b)

Buildings or structures shall be located a minimum of twenty-five (25) feet from the nearest property line of an adjacent residential district.

c)

All exterior lighting and signage shall be so arranged as to prevent illumination, glare or reflection on adjacent properties or on the public right-of-way.

d)

Except for vehicles in the process of being serviced, vehicles of employees, service and tow trucks used by the establishment and rental vehicles, no vehicles shall be parked outside of a building.

e)

Abandoned vehicles shall not be stored on the premises.

f)

Whenever a gasoline station is not operated for a period of one (1) year, the owner shall remove all appurtenances connected therewith, such as, but not limited to, gasoline pumps and signs and shall fill or otherwise vacate underground storage tanks in accordance with the provisions of applicable law and shall maintain the premises so as not to become a public nuisance.

g)

Plan of landscape development to be submitted with application.

h)

Tight screen planting shall be provided where abutting residential use or district.

i)

Must have approval by the city engineer that the sewers and stormwater drainage are adequate.

j)

Use permitted not closer than two hundred (200) feet to the property line of any tract which is either used or intended to be used for a public or semi-public building or use.

k)

Plan of development shall be submitted.

15.

Greenhouse, commercial.

a)

Shall have a minimum lot area of twenty-five thousand (25,000) square feet.

b)

Shall have a front yard with a minimum setback of one hundred (100) feet, two (2) side yards with a minimum setback of forty (40) feet each and a rear yard with a forty (40) foot minimum setback.

c)

Minimum gross floor area of principal building(s) shall be one thousand (1,000) square feet.

d)

Loading docks shall be a minimum of fifty (50) feet from an adjacent residential use.

e)

Entrances or driveways shall be subject to approval by the board.

16.

Hazardous, flammable and combustible substances storage. All hazardous, flammable and combustible substances shall be stored and handled as provided in the International Fire Code, 2003 and the Wabash City Code, Chapter 6 Section 38. In particular:

a)

Cryogenic fluids:

1)

Indoor portable or stationary containers shall only be stored in buildings, rooms, or areas constructed in accordance with the International Building Code and ventilated in accordance with the International Mechanical Code and must be stored in accordance with Section 3203.1 of the International Fire Code, 2003.

2)

Outdoor portable or stationary containers shall:

1.

Not be located within a diked area containing other hazardous material.

2.

If located in an area subject to flooding, must be securely anchored or elevated so as to prevent becoming separated from their foundation or supports and floating in the water.

3.

Be located in an area that provides for adequate drainage that does not permit any accidentally discharged or spilled fluid to endanger personnel, containers, equipment and adjacent structures or to enter enclosed spaces or any ground water, water course, or storm or wastewater sewer.

4.

Be located a minimum distance from certain items as specified in Tables 3203.6.1 and 3203.6.2 of the International Fire Code, 2003.

b)

Class I and II liquids: Liquids defined as Class I or II by the International Fire Code, 2003 shall be stored in accordance with Chapter 34 of the International Fire Code, 2003.

c)

Liquefied petroleum gases: As defined by the International Fire Code, 2003 shall be stored in accordance with Chapter 38 and Table 3804.3 of the of the International Fire Code, 2003.

17.

Hospitals.

a)

Shall have a minimum lot area of five (5) acres.

b)

Shall have a front yard with a minimum setback of sixty (60) feet and two (2) side yards with a minimum setback of fifty (50) feet each, and a rear yard with a minimum setback of forty (40) feet.

c)

Plan of landscape development to be submitted with application.

d)

Maximum height of structure shall be sixty-five (65) feet.

e)

Adequate screening shall be provided where abutting residential use.

f)

Parking shall be a minimum of twenty-five (25) feet from an adjacent residential use.

g)

Loading berths shall be a minimum of fifty (50) feet from an adjacent residential use.

h)

A development plan shall be submitted.

18.

Industrial park or planned industrial development. Formal discussion for establishment of requirements shall be made with the board.

19.

Junkyards.

a)

Shall have a minimum lot area of ten (10) acres.

b)

Buildings or structures shall be located a minimum of forty (40) feet from adjacent property lines, provided that where such use is located adjacent to a residential district or use, the side and rear yard requirements shall be increased to two hundred (200) feet.

c)

Fencing shall be solid wall or solid painted fence eight (8) feet high or eight (8) foot high mesh fence covered and maintained with thick ivy growth.

20.

Kennels.

a)

Shall be located a minimum of one hundred (100) feet from adjacent property lines; provided, however, that where such facilities are located adjacent to a residential district or use side and rear yard setbacks shall be increased to three hundred (300) feet.

b)

Off-street parking—One (1) space for each three (3) animals to be confined in temporary or permanent pens or cages.

21.

Kindergarten and day nurseries.

a)

Shall have a minimum lot area of ten thousand (10,000) square feet.

b)

There shall be two (2) side yards with a minimum setback of ten (10) feet each.

c)

Minimum gross floor area of the principal building(s) shall be determined by the number of children to be accommodated and shall be subject to approval by the board.

d)

Four (4) foot wire mesh fence around play area.

e)

Adequate screening shall be provided.

f)

Entrances or driveways shall be subject to approval by the board.

g)

Off-street parking: As determined by the board to meet peak parking load requirements.

h)

A plan of landscape development to be submitted with application.

i)

State licensing requirements are met, including those pertaining to building, fire safety and health codes.

j)

Approval by the city engineer that the sewers and stormwater drainage are adequate.

k)

To the extent the requirements of this ordinance are inconsistent or vary from state statute, the provisions of the state control.

22.

Mobile home parks.

a)

Shall have a minimum lot area of five (5) acres, plus four thousand five hundred (4,500) square feet per mobile home pad.

b)

The density shall not exceed eight (8) dwelling units per gross acre.

c)

Mobile home units shall be located a minimum of twenty-five (25) feet from adjacent property lines, provided that where mobile home parks are located adjacent to a residential use, side yard requirements shall be increased to fifty (50) feet and rear yard to forty (40) feet.

d)

There shall be a minimum distance of twenty (20) feet between mobile home units.

e)

Shall be served by both public water and sewer and shall meet the requirements of applicable laws.

f)

All roads shall have a minimum width of twenty (20) feet and shall be paved.

g)

All mobile homes shall observe minimum setback from the edge of the road of ten (10) feet.

h)

Two (2) off-street parking spaces for each mobile home shall be provided.

i)

All mobile homes shall be secured to the ground by tie-downs.

j)

Plan of landscape development to be submitted with application.

k)

Tight screen planting shall be provided where abutting residential use or district.

l)

Outdoor advertising signs and outdoor lighting shall be approved by the board.

m)

No sales, dead storage, repair work or dismantling on lot.

n)

Approval by the city engineer that the sewers and stormwater drainage are adequate.

23.

Mobile home subdivision.

a)

Shall be located on sites having a minimum lot area of ten (10) acres.

b)

Each lot in the subdivision shall be served by public water and sewer.

c)

The minimum lot size for individual mobile home lots within the subdivision shall be five thousand (5,000) square feet.

d)

All mobile home subdivisions shall conform to the procedures, design standard and improvement requirements established in the subdivision ordinance.

e)

No more than one (1) mobile home shall be placed on any one (1) lot.

f)

Mobile home units within a mobile home subdivision shall be located a minimum of twenty-five (25) feet from property lines within the subdivision, provided that where mobile home subdivisions are located adjacent to another principal residential use, side and rear yard requirements shall be increased to fifty (50) feet.

g)

All roads shall have a minimum width of twenty (20) feet and shall be paved.

h)

All mobile homes shall observe minimum setback from the edge of the road of ten (10) feet.

i)

Two (2) off-street parking spaces for each mobile home shall be provided.

j)

All mobile homes shall be secured to the ground by tie-downs.

24.

Nursing homes.

a)

Shall have a minimum lot area of forty thousand (40,000) square feet, but not less than two thousand five hundred (2,500) square feet per person cared for.

b)

There shall be two (2) side yards with a minimum setback of forty (40) feet each.

c)

Minimum gross floor area of principal building(s) shall be one thousand (1,000) square feet.

d)

A plan of landscape development to be submitted with application.

e)

Maximum height of structure shall be thirty-five (35) feet.

f)

Tight screen planting shall be provided where abutting residential use or district.

g)

Parking shall be a minimum of twenty-five (25) feet from an adjacent residential use.

h)

Loading berths shall be a minimum of fifty (50) feet from an adjacent residential use.

i)

Approval by the city engineer that the sewers and stormwater drainage are adequate.

25.

Outdoor theaters.

a)

Shall have a minimum lot area of five (5) acres.

b)

There shall be one (1) front yard with a minimum setback of one hundred (100) feet, two (2) side yards with a minimum setback of forty (40) feet each, and one (1) back yard with a minimum setback of forty (40) feet.

c)

Four (4) foot wire mesh fence abutting residential use.

d)

Entrances or driveways shall be subject to approval by the board.

e)

Signs shall be in accordance with section 10-78 of this ordinance.

f)

Disposal of liquid and other wastes shall meet with the approval of the state board of health.

g)

Plan of landscape development to be submitted with application.

h)

Maximum height of structure shall be sixty-five (65) feet.

i)

Approval by the city engineer that the sewers and stormwater drainage are adequate.

26.

Park and playgrounds.

a)

No building or structure shall be located closer than twenty-five (25) feet to an adjacent residential use.

b)

All exterior lighting and signage shall be so arranged as to prevent illumination, glare or reflection on adjacent properties.

c)

Plan of landscape development to be submitted with application.

d)

Approval by the city engineer that the sewers and stormwater drainage are adequate.

27.

Private parking area on other lot.

a)

Minimum lot area of one thousand five hundred (1,500) square feet.

b)

Entrances or driveways shall be subject to approval by the board.

c)

Signs shall be in accordance with section 10-78 of this ordinance.

d)

No sales, dead storage, repair work or dismantling on lot.

28.

Recreational facilities, indoor.

a)

Buildings or structures shall be located a minimum of fifty (50) feet from an adjacent residential use.

b)

Off-street parking shall not be located in the front or side yards and shall be adequate to meet peak parking load requirements.

29.

Recreational facilities, outdoor. Complete plot plans showing location for recreation, parking, landscaping and screening shall be submitted to the board for approval.

30.

Recreational vehicle parks.

a)

Shall be located on sites having a minimum lot area of five (5) acres.

b)

Minimum lot size for individual recreation vehicles within the development shall be one thousand two hundred fifty (1,250) square feet.

c)

Minimum front yard shall be sixty (60) feet; minimum side yard shall be fifty (50) feet; minimum back yard shall be forty (40) feet.

31.

Sanitary landfills.

a)

The location, installation and operation of such use shall be subject to all applicable state and federal laws, rules and regulations.

b)

Shall be located a minimum of fifty (50) feet from adjacent property lines; provided, however, that where a sanitary landfill is located adjacent to a residential district, the side and rear yard requirements shall be one hundred (100) feet.

c)

Shall be located on sites having a minimum lot area of ten (10) acres.

d)

Prior to commencing of operation, the owner shall file a reclamation plan with the commission and an indemnity agreement as may be required by the commission for the purpose of assuring the restoration and reclamation of the site according to the following specification and within a specified period of time as established by the commission:

1)

A uniform contour which blends in with the topography of the surrounding area shall be established throughout the area.

2)

Soil suitable for growing vegetation shall be replaced over the slopes to a permanent uniform depth of not less than six (6) inches; and the area shall be seeded, landscaped, and maintained with perennial plant material until a permanent type ground cover is established to prevent erosion.

32.

Telecommunications facility.

a)

Towers must be designed, constructed and placed to minimize the visual impact by:

1)

Use of an alternative tower structure;

2)

Co-location;

3)

Use of a stealth facility;

4)

If new construction, being structurally designated for and capable of allowing other carriers to co-locate on the tower structure;

5)

The use of color or camouflaging architectural treatment.

b)

Notwithstanding anything else in this zoning code, the tower height for a stand-alone tower shall not exceed sixty (60) feet if it is designed to accommodate only one (1) service provider; one hundred (100) feet if it is designed to accommodate only two (2) service providers; and three hundred (300) feet if it is designed to accommodate more than two (2) providers.

c)

If attached to other structures, shall not exceed the greater of:

1)

Ten (10) feet more than the height requirement in the zoning district in which they are located or

2)

Twenty (20) feet more than the height of the structure on which such facilities are attached, without a variance. The board of zoning appeals may grant such a variance only if the applicant provides a report from a registered professional engineer with a specialization in telecommunications as to the minimum tower height needed by the applicant and evidence that there are no other suitable structures for co-location that meet the applicant's requirements.

d)

If the property is being leased, the provider shall, upon obtaining the special exception, enter into a written easement agreement with the owner of the property, which shall include a platted area for the location of the telecommunications facility, which shall be duly recorded. If the property is owned or leased by the provider, unless the telecommunications facility is attached to an already existing structure, the platted area for the tower shall be the only use permitted on the platted easement or property.

e)

All new tower construction shall be monopole towers or stealth facilities, unless the applicant provides a written report from a registered professional engineer, with a specialization in geotechnical engineering, stating that the cost of such a tower at such site would be twice the normal cost of constructing a monopole tower due to specific conditions present at the site. Any proposed alternative shall be a lattice tower. The building commissioner shall review the application and either:

1)

Determine if the report is complete and correct, or

2)

At the discretion of the building commissioner, hire an independent consultant at the expense of the applicant, to determine if such report is complete and correct.

No tower shall be constructed unless the building commissioner or such consultant issues a letter that tower meets the safety requirements of this chapter.

f)

Shall include certification by a qualified and licensed professional engineer that the design of the antenna support tower conforms to the latest structural standards and wind loading requirements of the uniform building code and the electronics industry association, including, but not limited to, certification that such tower is designed and will be constructed in such a manner that in the case of tower failure, such tower will either fold upon itself or collapse upon itself. Such certification shall take into account the proposed users of, and possible future co-locators on, the antenna structure.

g)

A visual impact analysis shall be prepared and certified by a qualified licensed engineer or architect, which analysis shall include the following information:

1)

A site plan prepared by a registered land surveyor licensed in the state.

2)

Identification of significant existing natural and manmade features adjacent property and rights-of-way.

3)

Identification of at least three specific points, which are reasonably equidistant, within a three-mile radius of the proposed tower from which the line of sight analysis is presented. The exact number and location of these line of sight points shall be determined after consultation with staff prior to the presentation and completion of the analysis. The applicant shall then prepare a graphic illustration of the visual impact of the proposed tower. Such graphic illustration shall be a computer enhanced photograph with the computer-generated image of the tower depicted to an accurate scale. Each photograph shall be accompanied by text describing the point where the photograph was taken and how many feet it is from the proposed tower.

4)

A description of the visual and aesthetic impact of the proposed tower on all adjacent properties and properties within a two thousand-foot radius of the tower. The applicant shall also provide a specific explanation of the feasibility of camouflage given the needed height of the tower.

5)

A site plan showing all proposed landscaping and buffering. All such plans shall provide that the lowest six (6) feet of the tower or facility be fenced by a chain link fence and screened with a tight screen planting in accordance with section 10-77; and

6)

Any additional information requested by staff in order to fully review and evaluate the impact.

h)

All applicants for a special exception for a telecommunications facility shall provide the staff with the following items, along with the other requirements to obtain an improvement location permit.

1)

Written approval from, or a certified copy of any necessary application to, all relevant federal and state agencies including, but not limited to, the federal aviation administration (including a copy of the FAA's response to the "Notice of Proposed Construction or Alteration" (FAA Form 7460-1) or any successor thereto), the Federal Communications Commission, the U.S. Environment Protection Agency, and the Indiana Department of Environmental Management.

2)

A list of the applicant's existing facilities within jurisdiction of the City of Wabash, including the two-mile jurisdiction, and a master plan setting forth any potential future telecommunications facilities in the city's jurisdiction. This list shall include specific information as to the location (by address and State of Indiana Planning Coordinates), height, design, including the technical feasibility of allowing other providers to co-locate on the facility and the terms and conditions for co-location on the facility.

3)

Evidence that the applicant's proposed antenna will not cause electromagnetic (EMF) interference with the antenna of existing towers or structures, or vice versa.

4)

Documentation that the proposed telecommunications facilities comply, or will on completion comply, with the latest applicable federal and state environmental, health and safety standards and regulations, including, but not limited to, those established by the federal communications commission on radio frequency emissions (REF).

i)

Towers shall not be illuminated by artificial means unless such lighting is required for such tower by the Federal Aviation Administration or other federal or state authority.

j)

Shall have a minimum lot area of one (1) acre.

k)

Tight screen planting shall be provided where abutting residential districts or uses.

l)

Shall comply with all other zoning regulations of the district in which the proposed use is located to the extent that such regulations are not inconsistent with the provisions under this section 10-71.

m)

Any telecommunications facility required by the state, city or county for emergency purposes shall be exempt from the requirements of section 10-71. Temporary telecommunication facilities or antennas shall be permitted for emergency communication, or in the event of equipment failure for a maximum period of two (2) weeks. Placing additional antennas on a nonconforming structure in accordance with this chapter shall not be considered an expansion of the nonconforming use, nor shall it be considered to be an increase of nonconformity so long as the additional antennas do not require the acquisition of additional land, additional height to the tower, or additional square footage to the existing support structures greater than the greater of twenty percent (20%) of the current square footage or one hundred (100) additional square feet.

33.

Tourist home or hostel, bed and breakfast—Off-street parking shall be provided for all vehicles.

34.

Truck freight terminal.

a)

Should be located on sites having a minimum lot area of two (2) acres.

b)

Not closer than three hundred (300) feet to an adjacent residential use.

c)

Tight screen planting shall be provided where approval by the board.

d)

Entrances or driveways shall be subject to approval by the board.

e)

Signs shall be in accordance with the provisions of this article.

f)

Disposal of liquid and other wastes shall meet with the approval of the state board of health.

g)

Off-street parking one (1) space per two (2) employees on largest shift.

h)

Plan of landscaping development to be submitted with application.

i)

Maximum height of structure shall be forty-five (45) feet.

j)

Approval by the city engineer that the sewers and stormwater drainage are adequate.

35.

Wind energy system.

a)

Definition. A wind energy system is any device, or combination of devices, that use or involve wind power to produce or generate electricity, or to convert the kinetic energy of wind into another form of energy, including but not limited to rotational energy of a system of blades, a turbine, or a generator.

b)

In addition to complying with the requirements of this subsection, a wind energy system shall comply with all of the requirements of this zoning ordinance for the zoning district in which the proposed use is to be located.

c)

A wind energy system shall be constructed entirely of commercially available parts and components, and experimental or prototype parts, components, materials, and equipment shall not be permitted.

d)

An application for a wind energy system shall include, and the system shall comply with the following requirements:

1)

A site plan showing the boundary lines of the property on which it will be located, the location and dimensions of all improvements on the property and immediately adjacent properties, the location of all components of the wind energy system, all contiguous rights-of-way, and all overhead utility lines.

2)

The plans and specifications for all components of the wind energy system.

3)

A sound level analysis prepared by the system manufacturer, or a qualified engineer, which shall show how the system will affect other properties and the public.

4)

A description of all electrical components sufficient to determine the installation conforms to the National Electrical Code.

5)

Evidence that the system meets all requirements of, and does not conflict with, Federal Aviation Administration regulations.

6)

A shadow and flicker analysis prepared by the system manufacturer, or qualified engineer, which shall show how the shadow and flicker produced by the system will affect other properties and the public.

7)

If the system is to be connected to an outside power grid, a statement from the utility responsible for the operation of the power grid that the system complies with all of its requirements and can be safely connected.

8)

No artificial lighting shall be permitted, unless approved by the board.

9)

Access to the system, including all transmission lines, shall be restricted to prevent contact by unauthorized persons.

(Gen. Ord. No. 1, 1995, art. IV, § 1, 4-24-95; Gen. Ord. No. 2, 2001, § 1, 1-22-01; Gen. Ord. No. 12, 2005, § 9, 6-26-06; Gen. Ord. No. 3, 2007, §§ 1, 2, 6-25-07; Gen. Ord. No. 7, 2011, § 1, 8-8-2011)

(Gen. Ord. No. 1, 1995, art. IV, § 2, Table, 4-25-95; Gen. Ord. No. 2, 2001, § 2, 1-22-01; Gen. Ord. No. 9, 2005, § 1, 8-22-05; Gen. Ord. No. 12, 2005, § 9, 6-26-06; Gen. Ord. No. 7, 2011, § 2, 8-8-2011)

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