154.25 A-1 AGRICULTURAL DISTRICT
154.25 A-1 AGRICULTURAL DISTRICT (Ord. 35-1978)
154.25.00 PRINCIPAL PERMITTED USES
No building, structure or land shall be erected, altered, enlarged or used which is arranged or designed for other than one of the following uses, except as provided herein and in 154.16.
154.25.00.01 Agricultural
Agriculture and the usual agricultural buildings, structures, farm office buildings, commercial and noncommercial nurseries and greenhouses.
154.25.00.02 Residential
Single-family dwellings.
154.25.00.03 Institutional
Churches, schools and colleges for academic instruction, public buildings, structures, and properties of the recreational, cultural administrative or public service type.
154.25.00.04 Recreational
Noncommercial, recreation areas and centers including country clubs, swimming pools, golf courses, and summer camps, public and private forests and wild-life preserves, and similar conservation areas.
154.25.00.05 Kennel
154.25.00.06 Cemetery
154.25.00.07 Signs
All signs in accordance with provisions of 154.43.
154.25.00.08 Sawmill
Cutting timber grown primarily on the premises.
154.25.00.09 Essential services
As defined in 154.13.31.
154.25.01 SPECIAL USES
The following uses may be allowed as special uses by Ordinance of the Common Council in accordance with the provision of 154.48 hereof.
154.25.01.01 Hospital
154.25.01.02 Sand and gravel pit, borrow pit, clay pit: mines and quarries, including the processing of compounding of products largely of such materials provided: subject to the provisions of 154.49.
154.25.01.03 Utility
Public utility and communications buildings necessary for the furnishing of adequate service to the area but not including general office, garages, warehouses, outdoor storage, sewage disposal plants and disposal of garbage or refuse. (Ord. 45-1995)
154.25.01.04 Airport
Public or privately owned and operated airports or landing fields subject to applicable state and federal regulations.
154.25.01.05 Livestock
Sales yards and buildings.
154.25.01.06 Commercial recreation facilities
154.25.01.07 Not for profit Public Service oriented facilities involving more than one structure.
154.25.01.08 Veterinary hospital or clinic
154.25.01.09 Sanitary landfill (Ord. 129-1984)
(a) Required application
Any petition requesting Special Use rezoning and authorization for a sanitary landfill shall be accompanied by an application consisting of the following:
(1) A site plan of the proposed site and adjacent areas necessary to depict locations of all existing and proposed on-site roads, water courses, surface water, existing and proposed building, soil boring locations, rock outcroppings, surface water runoff direction, fencing, and present land surface contour at intervals of no more than five (5) feet.
(2) A second site plan to include land surface contours at intervals of no more than five (5) feet; storm water drainage during operation; portions of the site where refuse will be deposited, showing method of operation and direction if will proceed; depth,
length, and width of trenches, if used; depth of lifts and size of working face; portions of the site to be used only for the acquisition of cover soil; location and type of existing tree and plant growth along the property line intended to serve as screening; location and type of evergreen plantings to be planted and maintained to serve as future screening; location and type of existing and proposed utilities.
(3) A third site plan to include final land surface contours at intervals of two (2) feet, surface water runoff direction, and storm water drainage after completion of the operation.
(4) A narrative describing the proposed operation, including:
(A) Population and area expected to be served by the proposed site
(B) Anticipated quantity, types and sources of material to be deposited
(C) Name and address of party responsible for quality of operation and maintenance of the proposed site
(D) Information as to soil and drainage conditions, water tables and sub-surface characteristics as determined by on-site testing or from earlier reliable dates
(E) A plan for the orderly development, operation and completion of the sanitary landfill indicating the phasing of the sanitary landfill operation on the site
(F) Thickness of daily cover to be applied
(G) Thickness of final cover to be applied.
(H) Source and type of cover material, for daily and final cover.
(I) Winter and inclement weather operating procedure.
(J) The number of operating personnel on-site and the operating records to be kept.
(K) The supervision that is planned.
(L) Procedures for handling of blowing paper.
(M) Procedures for dust control.
(N) Procedures to be used to avoid open burning.
(O) Indicate 100-year frequency flood level in the vicinity of this site. Construction in the 100-year floodway must have approval of the Natural Resources Commission in addition to approval by the Board. Plans should be submitted simultaneously to both agencies.
(P) Equipment maintenance facilities.
(Q) Proposed methods of control for rodents, flies, mosquitoes, and other vectors.
(R) Distance from the site to the nearest dwelling and a count of the number dwellings surrounding the sanitary landfill site within one-half (1/2) mile of the site as measured in all directions from the sanitary landfill property line.
(S) Proposed leach ate control measures.
(T) Proposed erosion and sedimentation control measures.
(U) Proposed groundwater and gas monitoring measures.
(V) Proposed seeding and fertilization type and application rate for the establishment of vegetation cover on final cover areas.
(W) A plan and schedule for site restoration and completion indicating the proposed land use after project completion.
(X) A plan indicating the location of all plant screening areas indicating plant species and plant spacing and elevation drawings showing at five (5) year intervals for twenty (20) years after planting the growth and dimension of the proposed trees and shrubs.
(b) Site and operational plan
The site plans and operational narrative required in 154.25.01.09(a) and submitted as the application requesting the Special Use Zoning District shall be approved by the Commission as the Site and Operational Plan established, operated and maintained pursuant to said Site and Operational Plan. There shall be no deviation from said Site and Operational Plan except in those instances required by the State Board of Health or the Indiana Environmental Management Board.
(c) General requirements
No sanitary landfill shall be established, operated or maintained without first obtaining the appropriate permits from the Indiana Environmental Management Board. The continued operation and maintenance of a sanitary landfill shall be pursuant to said permits and shall be in conformance with the Indiana Administrative Code Title 330, and all other rules, regulations and requirements of the Indiana Environmental Management Board and/or the Indiana State Board of Health.
(d) Minimum area requirements
The minimum site area for a sanitary landfill shall be one-hundred (100) acres.
(e) Site accessibility
The sanitary landfill site shall be accessible from a street designated by the Public Development Plan as a primary or secondary thoroughfare. All access drives providing an entrance or exit for the sanitary landfill shall be paved for a distance of two-hundred (200) feet from any public right-of-way.
(f) Distance from property lines
No landfill operation, including but not limited to the disposal and covering of waste, the stripping and storage of cover soil and top soil, the storage of sludge, vehicle storage areas or general office or vehicle maintenance buildings shall be permitted within two-hundred (200) feet of the sanitary landfill property line. However, this article shall not prohibit the construction within said two-hundred (200) feet setback area of service or access drives or of the establishment of monitoring wells.
This Section shall not prohibit the construction within said two-hundred (200) feet setback area of drainage ditches or drainage swales or the installation of drainage pipe intended to intercept and divert surface water from the area proposed for filling when such drainage facilities are located at least twenty (20) feet being measured from the property line to the nearest top of bank of any ditch or swale.
(g) Screening
The two-hundred (200) feet setback area established by 154.25.01.09(f) shall serve as a buffer area and provide the location for screening to protect adjoining property.
A combination of pine tree, hardwood and shrub seedlings, shall be planted along the entire sanitary landfill property line. Such screen plantings shall be placed in such a fashion as to resemble naturally occurring vegetation and to create dense year round screening. The required tree and shrub seedlings shall be planted prior to the start of any sanitary landfill operations. The trees and shrubs shall be inspected on an annual basis for the first five (5) years after planting and any stock that has died shall be replaced. The Commission may also require the establishment of planting areas at certain locations within the boundary of the sanitary landfill site when, in its judgement, such planting areas are necessary to provide a buffer or screen to adjoining property.
(h) Final closure
As an area is filled and approaches the final grade, the area shall be closed by applying a minimum of two (2) feet of compacted clay soil. Upon completion of the sanitary landfill operation of any phase thereof as indicated on the approved Site and Operation Plan, the land shall be graded, backfilled and finished to a surface which will result in a level, sloping or gently rolling topography in substantial conformity or desirable relationship to the original site, and land area immediately surrounding, and minimize erosion due to rainfall. Such graded or backfilled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of vegetation producing land areas immediately surrounding, and to a depth of at least six (6) inches.
Areas that have received final cover shall be immediately seeded, using seed and fertilization types and application rates developed in consultation with the Wayne County Soil and Water Conservation District. Seeding shall continue until such time as the vegetative cover is established.
(i) Status report
The owner/operator of a sanitary landfill shall be required to submit a written status report to the Commission regarding the operation of the sanitary landfill prior to requesting renewal of the operating permit for such sanitary landfill through the Indiana Environmental Management Board. (Ord. 129-1984)
154.25.01.10 Land application of digested sewage sludge (Ord. 58-1988)
General Requirements
The land application of digested sewage sludge shall comply with the following general requirements:
(a) The digested sewage sludge intended to be land applied shall be generated from a waste water treatment plant that has obtained a permit from the Indiana Department of Environmental Management authorizing the land
application of said digested sewage sludge, pursuant to 330 IAC 3.3 as amended. The permit shall specifically authorize the land application of digested sewage sludge on the property identified in the Special Use application.
(b) The land application of digested sewage sludge shall at all times occur in accordance with the requirements and conditions contained in the permit issued by the Indiana Department of Environmental Management. The Petitioner shall submit, as a part of the Special Use Petition, a development plan indicating areas where digested sewage sludge shall be applied, areas where surface land application of digested sewage sludge shall be permitted, areas where frozen ground application procedures are permitted, areas that have been reserved as buffer zones, and the proposed land use of all digested sewage sludge application areas.
(c) Digested sewage sludge shall not be applied within three hundred (300) feet of any body of fresh water or neighboring residence or property line, unless application is accomplished by soil injection or immediate soil incorporation. No digested sewage sludge shall be applied within one hundred (100) feet of any residential premises.
(d) Digested sewage sludge shall not be applied to any site which will be utilized for the production of any truck farm crops or as a garden area.
(e) The maximum annual application rate and maximum cumulative application rate of digested sewage sludge applied to the land shall comply with the terms specified in the permit issued by the Indiana Department of Environmental Management.
(f) The implementation of a daily tracking and monthly monitoring program of the digested sewage sludge is required, and monthly and annual reports shall be submitted to the Wayne County Health Department, said reports shall include all pertinent information obtained daily and monthly as to amounts, areas and rates of land application, the intended use of the land application site, and each laboratory analysis of the sludge obtained. An annual report shall also be submitted to the Richmond Plan Department by the petitioner on or before January 31st of each year. This monitoring program shall be conducted by the responsible person in charge of the land application project at the wastewater treatment plant holding the Permit.
(g) Digested sewage sludge shall be tested to determine its suitability prior to application, so that no sludge shall be applied that does not meet the standards of the Permit issued by the Indiana Department of Environmental Management.
(h) Stockpiling of dewatered sludge at any land application site is prohibited.
(i) The laboratory data will be reviewed for PCB levels. Sludge containing PCB levels below 10 mg/kg (dry weight) will be either surface applied or injected. Sludge containing greater than 10 mg/kg and less than 50 mg/kg (dry weight basis) will only be incorporated. Sludge containing greater than 50 mg/kg (dry weight) will not be applied. (327 IAC 6, 6-6-7b).
(j) The Commission may require the property owner, on whose land digested sewage sludge has been applied, to make a written commitment concerning compliance with the terms and conditions set forth above. Said written commitments shall be recorded in the Office of the Wayne County Recorder.
154.25.02 ACCESSORY USES
Accessory uses, buildings or structures customarily incidental to any afore said principal or special use shall be permitted in conjunction with such use, including the following:
154.25.02.01 Residential
Living quarters of persons employed on the premises.
154.25.02.02 Parking facility
A private garage or parking area subject to the provisions of 154.41.
154.25.02.03 Home occupation
154.25.02.04 Boarder
The keeping of roomers or boarders by a resident family.
154.25.02.05 Temporary roadside stand
Temporary roadside stands, offering for sale only neighborhood agricultural products or other products produced on the premises.
154.25.02.06 Signs
Advertising signs, business signs, real estate signs, professional or announcement signs, institutional bulletin boards, subject to the provisions of 154.43.
154.25.02.07 Temporary buildings
For uses incidental to construction.
154.25.03 HEIGHT REGULATIONS
No principal structure shall exceed two and one-half (2-1/2) stories or thirty (30) feet and no accessory structure shall exceed one (1) story or fifteen (15) feet except as provided in 154.51.
154.25.04 LOT AREA, WIDTH, AND YARD REQUIREMENTS
The following minimum requirements shall apply except as provided in 154.50-154.54.
Front Yard Side Yard Rear Yard
Lot Area Lot Width Depth Width Each Depth
Acres ft. ft. ft. ft.
Dwellings 1 200 75* 40 40
85**
Other
Principal Uses 2 200 75* 40 40
85**
* On roads with 50 feet established right-of-way.
** On roads with less than 59 feet established right-of-way.
More Categories:
- 154.01 FLOOD INSURANCE STUDY ADOPTED BY REFERENCE
- 154.10 PURPOSE AND SCOPE
- 154.11 Title
- 154.12 INTERPRETATION OF STANDARDS
- 154.13 DEFINITIONS
- 154.14 DISTRICTS AND BOUNDARIES THEREOF
- 154.16 NONCONFORMING USES
- 154.15 EFFECTS OF DISTRICTING AND REGS.
- 154.20 R-1 ONE-FAMILY RESIDENCE DISTRICT
- 154.21 R-2 ONE FAMILY RESIDENCE DISTRICT
- 154.22 R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT
- 154.23 R-4 MULTI-FAMILY RESIDENCE DISTRICT
- 154.24 O-1 GREENBELT DISTRICT
- 154.30 C-1 LIMITED COMMERCIAL DISTRICT
- 154.31 C-2 COMMERCIAL DISTRICT
- 154.32 C-3 CENTRAL BUSINESS DISTRICT
- 154.33 C-4 GENERAL BUSINESS DISTRICT
- 154.34 M-1 LIGHT INDUSTRIAL DISTRICT
- 154.35 M-2 GENERAL INDUSTRIAL DISTRICT
- 154.36 AZ AIRPORT ZONE DISTRICT
- 154.37 VISUAL ENHANCEMENT DISTRICT
- 154.38 FH FLOOD HAZARD DISTRICT
- 154.38.02 ADMINISTRATION
- 154.39 AQUIFER PROTECTION DISTRICT
- 154.40 PERFORMANCE STANDARDS
- 154.41 OFF-STREET LOADING AND PARKING REGULATIONS
- 154.42 MOBILE HOMES AND MOBILEHOMEPARKS,MOTELS, ET
- 154.43 SIGNS
- 154.43.01 SCOPE OF APPLICATION
- 154.43.02 ADVERTISING SIGNS
- 154.43.05 PERMITTED SIGNS
- 154.43.06 PROHIBITED SIGNS
- 154.43.07 SPECIAL SIGN PROVISIONS
- 154.44 MOTOR VEHICLE SERVICE STATIONS, Etc.
- 154.45 PLANNED UNIT DEVELOPMENT DISTRICTS AND DEV.
- 154.46 SWIMMING POOLS
- 154.47 CONVERSION OF DWELLINGS
- 154.48 SPECIAL USE DISTRICT
- 154.49.00 PROCEDURE - APPLICATION - HEARING
- 154.49.01 GENERAL REQUIREMENTS
- 154.50 DWELLING ON ANY LOT OF RECORD
- 154.51 HEIGHT MODIFICATIONS
- 154.52 YARD MODIFICATION
- 154.53 YARD PROJECTIONS
- 154.54 LOT AREA REQUIREMENTS
- 154.60 ENFORCEMENT
- 154.60.02 IMPROVEMENT LOCATION PERMIT
- 154.60.03 CERTIFICATE OF OCCUPANCY
- 154.60.04 FEES
- 154.60.05 VIOLATIONS AND PENALTIES
- 154.60.06 VIOLATIONS - REMEDIES
- 154.61 ADVISORY BOARD OF ZONING APPEALS
- 154.61.01 JURISDICTION COMPOSITION AND APPT
- 154.61.02 ORGANIZATION
- 154.61.03 RULES OF PROCEDURE
- 154.61.04 MEETINGS AND RECORDS
- 154.61.05 QUORUM AND OFFICIAL ACTION
- 154.61.06 FACILITIES
- 154.61.07 POWERS AND DUTIES
- 154.61.08 PUBLIC HEARINGS
- 154.61.09 COMMITMENTS
- 154.61.10 STAY OF PROCEEDINGS AND WORK
- 154.61.11 REVIEW BY CERTIORARI
- 154.61.11.01 Review by Certiorari
- 154.61.11.02 REVIEW BY CERTIORARI
- 154.61.12 Fees
- 154.62.00 Council May Amend Ordinance
- 154.62.01 Procedure For Change
- 154.62.01.01 Notice and hearing
- 154.62.01.02 Certification of proposed zoning Etc.
- 154.62.01.03 Consideration of Proposed Zoning Etc.
- 154.62.01.04 Fees
- 154.63.00 Validity
- 154.63.01 Adoption
- 154.63.02 Adoption






