A. The primary uses permitted in the districts established by or under Section 2.1. Are shown in the Table 1 where the district column is marked with an “X” the use is permitted. All uses are permitted with an “X” in a primary use column are permitted in a higher district within that line unless the higher district column is marked with an “S” the use may be permitted only in district column shown as a special exception under Chapter 4.
B. For uses not listed, the provisions of Section 8.5 shall apply.
C. For uses in the “FP”, “FW”, and the “FF” Districts, the following special standards shall apply in addition to all other requirements of this Ordinance.
1. Within the Floodway District, the following uses are permitted,
provided they do not involve any structure, obstruction, deposit or
excavations:
a. Agricultural uses such as the production of crops, pastures,
orchards, plant nurseries, vineyards and general farming.
b. Forestry, wildlife areas and nature preserves.
c. Parks and recreational uses such as golf courses, driving ranges
and play area.
All other uses listed in Table 1 as permitted, whether by right or special exception, for the district otherwise indicated for the area will require a permit from the Natural Resources Commission of the State of Indiana.
2. Within those portions of the Flood Plain District, where the Floodway
has not been established, the Commission shall not issue a permit
except for those uses listed in 3.0.C.1. (above), unless the
Natural
Resources Commission issues an order of authorization for such use.
The Director shall obtain, review and reasonably utilize any base flood elevation and floodway data from a Federal, State or other source, as criteria for requiring that new construction, substantial improvements, or other developments in the Flood Plain District comply with the provisions of this ordinance.
3. Within the Floodway Fringe District, any use permitted whether by
right or by special exception in the district otherwise indicated for the
area is permitted provided that the flood protection grade by all
buildings shall be at least two feet above the regulatory flood profile.
a.) Manufactured homes must have permanent foundations pads
(concrete or stands of compacted fill) such that the lowest floor
is at least two feet above the regulatory flood profile and must be
provided with ground anchors meeting Manufactured Home Tie
Downs.
b.) Non-residential structures may also be constructed in this
district provided that the plans and specifications for all
necessary structural facilities and modifications for structures
intended to be made watertight below the base flood elevation
shall be certified as complying with accepted standards of
practice, by a Professional Engineer or Registered Architect
licensed to practice in Indiana. A record of such certification
specifying the flood protection grade for the structure shall be
maintained by the Director.
c.) For all new construction and substantial modifications, fully
enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize flood forces
on exterior walls by allowing for the entry and exit of flood
waters. Designs for meeting this requirement shall be certified
by a Professional Engineer or Registered Architect licensed to
practice in Indiana or must meet or exceed the following
minimum criteria:A minimum of two openings having a total net
area of not less than one (1) square inch for every square foot of
enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one (1) foot above grade.
Openings may be equipped with screens, louvers or other
coverings or devices provided that they permit the automatic
entry and exit of flood-waters.
d.) Electrical, heating, ventilation, plumbing and air-conditioning
equipment shall be designed and/or located so as to prevent
water from entering or accumulating within the components
during flooding.
4. Non-Conforming Uses
Any building, structure or other use in a Flood Plain (FP), Floodway (FW) or Floodway Fringe (FF) District which is not in conformance with this Ordinance constitutes a non-conforming use.
a.) In a Floodway District, no non-conforming use may be
expanded or enlarged nor can a building undergo substantial
modification without a permit for construction in a floodway
from Natural Resources.
b.) In a Floodway Fringe (FF) District a building which constitutes
a non-conforming use may undergo substantial modification
provided such modification is on a one-time-only basis and
further provided that such modification does not increase the
value of the building by more than forty (40) percent of its
pre-improvement market value, (excluding the value of land)
unless such building is permanently changed to a
non-conforming use.
c.) A non-conforming use in Flood Plain (FP) District may be
altered, enlarged, or extended, on a one-time-only basis,
provided the procedures set forth in this Ordinance with respect
to new construction in a Flood Plain (FP) District are followed
and further provided, such alterations, enlargements, or
extensions do not increase the value of the building structure, or
other use (excluding the value of land) by more than forty (40)
percent of its pre-improvement market value, unless such
building, structure or use is permanently changed to a
non-conforming use.
d.) Any non-conforming use in the FP, FW, and FF Districts which
is damaged by flood, fire, explosion, Act of God, or the public
enemy may be restored to its original dimensions and conditions
provided the damage does not reduce the value of the building,
excluding the value of land, by more than forty (40) percent of
its pre-damage value.
5. In the “FP”, “FW”, and “FF” Districts established herein, the degree of flood protection established in this Ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger Floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice or debris jams. This Ordinance does not imply that areas outside flood hazard districts as defined herein, will be free of flooding or flood damages. This Ordinance does not create any liability on the part of the County of Howard, Indiana, the Plan Commission, Natural Resources, the State of Indiana, or any elected or appointed official or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made there-under.
D. To provide that single-family dwellings, two-family dwellings, and multi-family dwellings be shown as authorized uses under the “AZ” District as special exception uses as provided in Chapter 4 of said Ordinance.
SECTION 3.1. RESIDENTIAL USES AND REQUIREMENTS
Residential and related uses are permitted in the districts indicated in Table 1 under Section 3.0 when complying with the requirements of Table 2a and 2b, under Section 3.1. and the provisions and exceptions of Section 3.3, or when in an approved Planned Unit Development under Chapter 5. When residential use is made of lots in B-1, B-2, C-1, I-1Districts, each lot shall comply with the requirement of single-family two-family and multi-family Residential District.
TABLE 2a
RESIDENTIAL USES AND REQUIREMENTS
SINGLE FAMILY DWELLINGS
| District in Which Use is Permitted |
|
|
| Minimum Lot Area in Sq. Ft. per Dwelling Unit
-With Sewers |
20,000 | 7,200 |
| -Without Sewers |
|
|
| Minimum Lot Width
-With Sewers |
|
60' |
| Maximum Building Height (4) |
|
|
| Minimum Front Yard (2)
-Federal or State Highway |
|
|
| -Arterial Highway |
|
|
| -Feeder Highway or Residential Street |
|
|
| Minimum Side Yard in Percent of Lot Width - but
not less than 5'-nor greater than 16' |
|
|
| Minimum Side Yard for Accessory Buildings |
|
|
| Minimum Rear Yard
-Main Buildings |
|
20' |
| -Accessory Buildings |
|
|
| Minimum distance between main and accessory buildings |
|
|
| Vision clearance on corner lots |
|
|
| Minimum Ground Floor Building Area in Sq. Ft.
-One Story Dwelling |
|
|
| -Two Story Dwelling |
|
|
| Number of Off-Street parking spaces per Dwelling Unit (5) |
|
|
| Maximum Lot Coverage in Percent of Lot
(SEE FOOTNOTE FOLLOWING TABLE 2b) |
|
|
TABLE 2b
RESIDENTIAL USES AND DISTRICT REQUIREMENTS
TWO FAMILY AND MULTI-FAMILY DWELLINGS
| District in Which Use is Permitted | AZ & A1 (6) | R1 |
| Minimum Lot Area in
Sq. Ft. per Dwelling Unit
Multi-Family-With Sewers |
|
|
| -Without Sewers(1) |
|
|
| Two-Family -With Sewers |
|
|
| -Without Sewers(1) |
|
|
| Minimum Lot Width |
|
|
| Maximum Building Height(4) |
|
|
| Minimum Front Yard (2)
-Federal or State Highway |
|
|
| -Arterial Highway |
|
|
| -Feeder Highway or Residential Street |
|
|
| Minimum Side YArd in Percent of Lot Width
-but not less than 5' (7) |
|
|
| Minimum Rear Yard (7) |
|
|
| Minimum distance between main and
accessory buildings |
|
|
| Minimum distance between main buildings |
|
|
| Vision clearance on corner lots |
|
|
| Minimum Ground Floor Area in Sq. Ft.
-One Story Dwelling |
addn'l d.u. over 1 unit |
addn'l d.u. over 1 unit |
| -Multi-Story Dwelling |
addn'l d.u. over 1 unit |
addn'l d.u. |
| Number of Vehicle Parking Spaces to be provided
on lot |
|
|
| Maximum Lot Coverage in percent of Lot Area |
|
|
1. See Section
3.7A
2. Setback to be measured from future right-of-way line
3. A larger area may be required to meet standards of
Private Sewage Disposal Ordinance
4. See Section
3.7-D (3) for Additional Height Restrictions
5. Excluding parking spaces in a garage or under a carport
6. Multi-family subject to Spectial Exception Permit
7. All minimum yard requirements increased by 5 feet for each
story over three
SECTION 3.2 COMMERCIAL AND INDUSTRIAL REQUIREMENTS
The Commercial and Industrial uses listed in Table 1 are permitted in the districts indicated in Section 3.0 when complying with the requirements of Table 3 and the provisions and exceptions of Section 3.3; or when an approved Planned Unit Development under Chapter 5.
TABLE 3
COMMERCIAL AND INDUSTRIAL REQUIREMENTS
| District in Which Use is Permitted | B1 | B2 | C1 & AZ | I1 |
| Minimum Front Yard: (1)
-Federal or State Highway |
|
|
|
|
| -Arterial Highway |
|
|
|
|
|
|
|
|
|
|
| Minimum Side Yards | ||||
| Adjoining Residential District |
|
|
|
|
| Not Adjoining Residential District |
|
|
|
|
| Maximum Building Height (5) |
|
|
|
|
| Maximum Lot Coverage in percet |
|
|
|
|
| Vision Clearance corner lot |
|
|
|
|
| Off-Street Parking | ||||
| Parking Spaces per one hundred (100) sq. ft. of Building area (2) |
|
|
|
|
1. Setback to be measured from future right-of-way line
2. To be applied to all uses, except those listed in Section
3.7G
3. Requirements of Section
3.7G apply
4. In C1, no height restriction
AZ: a. in Horizontal Area: 150'
b. Approach Path: Depends on location
5. See Section
3.7-D (3) for Additional height Restrictions
A. ACCESSORY USES
Accessory uses such as the following are permitted
in all districts, may be installed in any required yard.
Bird baths and bird houses
Curbs
Driveways
/table>;
Fences and hedges (See Section
3.3-I)
Lamp posts
Mail Boxes
Name Plates
Parking Spaces
Private garages, studios and tool sheds may be permitted
in all but the front yard.
Utility installations for local service (such as poles, lines,
hydrants and telephone booths.)
Retaining walls
Trees, shrubs and flowers
Walks
B. SETBACKS :ACCESSORY BUILDINGS IN RESIDENTIAL
DISTRICTS
An accessory building on the rear lot line of a corner lot may be located no closer to the street abutting the front yard of an adjacent interior lot than the principal building on the interior lot, and no closer than 5 feet to the rear lot line of the corner lot.
C. RESTRICTIONS ALONG STREAMS
1. No structure other than a fence may be
erected and, if erected in violation of this
section, no such
structure may be used, if the location of the structure is within 75
feet of the high
water line, as defined by the Indiana Department of Natural
Resources, of any
stream shown on the Zone Map, or within 75 feet of the top
bank of any legal
drainage ditches situated with the County unless a variance
has been granted
by the Howard County Drainage Board.
2. Within the areas covered by the restrictions
imposed by subsection 1, no use
is permitted other
than the following , and upon application for
an Improvement
Location Permit under Chapter
7:
a. Agricultural uses.
b. Forestry
c. Public Utilities
d. Recreation
3. Such application for an Improvement
Location Permit shall be accompanied by
a letter
from the County Drainage Board stating that the proposed use is in
accord with
the provision of the Indiana Drainage Code (Acts 1965, Chapter 305).
D. MANUFACTURED HOMES
1. Permanent Occupancy
Manufactured Homes may be permanently occupied as residences provided:
a. All requirements applicable to conventionally constructed homes
are observed; and,
b. A permanent concrete foundation consisting of standard 8’ x 8’
x 16’
celled concrete blocks and adequate (as determined previous to
construction by the Soil Conservation Officer and the County Building
Inspector) poured concrete footings shall support each beam and any
additions thereto; and,
c. All manufactured homes shall be securely anchored, and shall have
fire-
resistant wood, metal or stone skirting; and,
d. All State Requirements for Manufactured Homes will be met.
2. Temporary Occupancy
After a public hearing
and approval by the Board of Zoning Appeals a permit
may be issued for the temporary occupancy of a manufactured home for a
period of not more than two (2) years, unless extended by the Board
of Zoning Appeals, provided:
a. Such manufactured home is to be located on the same property with
an
existing residence; and,
b. Such manufactured home may be served with the same water supply
sp; /table>;
and sewage facilities serving the existing residence; and,
c. Such manufactured home shall remain on its wheels and not be placed
on
a permanent foundation; and
d. Applicable side yard and front yard regulations of the District in which
it
is located are observed; and,
e. Occupancy of such manufactured home is restricted to relatives
(parents, grandparents & children) of the occupants of the existing
residence; and,
f. Occupancy of such manufactured home is restricted to employees
employed on the premises of the property owner.
3. Non-residential Occupancy
Manufactured homes, trailers or vans may be utilized as contractors offices,
watchman's shelters, or tool or equipment storage only on the site and
only
during the period of construction of improvement projects.
4. All requirements of this and other
ordinances of the County with respect to water
supply and sanitary
waste disposal will be met and a letter from the County
Health Officer
so stating accompanies the application for an Improvement
Location Permit
for this use.
5. Adequate surface drainage and access for a hauler will be provided.
E. MISCELLANEOUS RESIDENTIAL RESTRICTIONS
In a R1 District
1. An Accessory building may not be
erected before the principal building except on
a farm; and,
2. In the case of a through lot, the
area at each end of the lot between the setback
line and
the middle of the street shall be treated as if it were part of the front
yard.
F. WATER POLLUTION
1. No authorization of use, under this
Ordinance, includes the authority to
discharge liquid
or solid wastes into public waters except as permitted under the
Stream Pollution
Control Law (Acts 1943, Chapter 214, as amended).
Plans and
specification for proposed sewage and other waste treatment and
disposal
facilities must be approved by the Stream Pollution Control Board.
2. No overflows from drain fields into ditches, ponds or lakes are permitted.
3. In FP. FF Districts, new and replacement
sanitary sewage systems shall be
designed to minimize
or eliminate infiltration of flood waters into the system and
discharges from
the systems into flood waters and on-site waste disposal systems
shall be located
to avoid impairment to them or contamination from them during
flooding.
4. In FP, FW, and FF Districts, new
and replacement water supply systems shall
be designed
to minimize or eliminate infiltration of flood waters into the system.
G. BUILDING OF SETBACKS
1. On corner lots, the side yard setback
shall be the same as the front yard setback
on adjoining lots.
2. Where 25% or more of the lots in
a block are occupied by buildings, the average
setbacks
of such buildings determines the dimensions of the front yard in the
block, however,
if there is no other building within 330 feet of the proposed
building
in either direction, then the standard setback for the District shall apply.
3. Front yard or building setback lines
established in recorded subdivisions
establish
the front yards in such subdivisions.
H. REQUIRED FENCES AND WALLS
1. Swimming Pools. Swimming pools,
above or in the ground, shall be entirely
enclosed by buildings
or fences or walls which shall be at least four (4) feet, but
need not be more
than six (6) feet in height. Said fence or wall shall be
equipped with self-latching
gates or doors, the latching device being located
not less than four
(4) feet above the ground. All fencing must be in place and
approved by the
Zoning Administrator before water is run into the pool.
I. PERMITTED FENCES, HEDGES AND WALLS
1.
Fences, hedges and walls not greater than seven (7) feet in height are
permitted on or within all rear and side property lines on
interior lots and on
or to the rear of all front yard setback lines.
2. A
front yard may include a fence or hedge not over three and one-half (31/2)
feet in height, except that front yards on a corner lot may have
a fence or
hedge not over three (3) feet in height measured from the top of the curb.
3. Fences
or structures over seven (7) feet in height , to enclose tennis courts
or
other games located within the rear half of the lot, shall be composed
of wire
mesh capable of admitting at least ninety (90) percent of light as
measured on
a reputable light meter. Such fences shall be permitted in the required
side or
rear yard subject to the Zoning Administrators review and approval.
An industrial operation or activity must, nbsp; sp; /table> in addition to the following "Performance Standards" conform with the provisions of the Indiana Air Pollution Control Law (Chapter 17, Acts of 1961, as amended) and the regulations promulgated pursuant thereto, and the provisions of any other applicable Indiana law or regulation and any applicable acts of the Federal Government. Where the requirements of the Ordinance are more restrictive, they shall take precedence. Those "Performance Standards" are in addition to all other requirements of this Ordinance.
A. INDUSTRIAL RESTRICTIONS:SMOKE
1. No light industrial use may emit
more than 10 smoke units per hour per stack or
smoke in excess
of Ringelmann No. 2 However, once during any 24 hour period,
for soot blowing,
process purging, and fire cleaning, each stack may emit an
additional 10 smoke
units, and during that time may emit smoke up to and
including Ringelmann
No. 3.
2. No general industrial use may emit more
than 30 smoke units per hour per stack
or smoke in excess of
Ringelmann No. 2., however, once during any six-hour
period, for soot blowing,
process purging, and fire cleaning, each stack shall be
permitted an additional
10 smoke units, and during that time it may emit
smoke up to and including
Ringelmann No. 3.
3. In this section, the term "Ringelmann
number" means the number of the area on
the Ringelmann
Chart that most nearly matches the light-obscuring capacity of
smoke.The
Ringelmann Chart is described in the U.S. Bureau of Mines
information
Circular 6888, on which are illustrated graduated shades of gray for
use in estimating
smoke density. Smoke below the density of Ringelmann No. 1
shall be
considered as no smoke or Ringelmann No. 0; and
4. "Smoke Unit" means the number obtained
when the smoke density in
Ringelmann
number is multiplied by the time of emission in minutes. For the
purpose
of this calculation, the Ringelmann density reading shall be made at
least
once a minute during the period of observation. Each reading
shall then
be
multiplied by the time in minutes during which it is observed. The
products
so computed shall then be added to give the total number of smoke
units
observed during the entire observation period.
B. INDUSTRIAL RESTRICTIONS:ODOR
No light or general industrial use may release an odor that is detectable at the lot line.
C. INDUSTRIAL RESTRICTIONS:TOXIC MATERIALS
For a light or general
industrial use, the emission of toxic and noxious materials
may not produce
a concentration at the lot line exceeding the following
percentage of the threshold
limit values for toxic materials in industry as set forth
in "Threshold Limit Values"
for the current year, as adopted at the annual
meeting of the American
Conference of Governmental Industrial Hygienists:
Light Industrial Use.............................................
3%
General Industrial Use....................................... 10%
D. INDUSTRIAL RESTRICTIONS:GLARE AND HEAT
1.
No light or general industrial use may cause heat at the lot line so intense
as to
be a public nuisance or hazard. No such use may cause illumination
at or
beyond any residence district boundary in excess of 0.1 foot candle in
any place.
2.
As used in this section, the term "foot candle" means a unit of illumination
at
all points that are 1 foot from a uniform point source of 1 candle power.
E. INDUSTRIAL RESTRICTIONS:VIBRATION
1. No light industrial use may cause at the lot line, continuous
earthborn
vibrations higher than the limits set forth in Column 1 of the
following table. Nor may it cause, at any residence district boundary,
continuous earthborn vibrations higher than the limits set forth in Column
II
|
(cycles per second) |
Displacement (inches) |
Displacement (inches) |
| 0 |
|
|
|
| 10 |
|
|
|
| 20 |
|
|
|
| 30 |
|
|
|
| 40 |
|
|
|
| 50 |
|
|
Discrete pulses that do not exceed 100 impulses per minute may not produce higher than twice the displacement specified in the table.
2.
No general industrial use may cause any B1, B2, C1 or I1 District boundary
ity must,
nbsp; sp; /table>;
continuous earthborn vibrations higher than the limits set forth in Column
1
of the following table. Nor may it cause at any residence district
boundary continuous earthborn vibrations higher than the limits set forth
in
Column II.
|
(cycles per second) |
Displacement (inches) |
Displacement (inches) |
| 0 |
|
|
|
| 10 |
|
|
|
| 20 |
|
|
|
| 30 |
|
|
|
| 40 |
|
|
|
| 50 |
|
|
Discrete pulses that do not exceed 100 impulses per minute may not produce higher than twice the displacement specified in the table.
3. As used in this section, the term:"Displacement" means the maximum
amount of motion in any direction as determined by any three component
simultaneous measuring system approved by the Commission; and,
"Three-component measuring system" means instrumentation that can measure earthborn vibrations in a horizontal, as well as,.a vertical plane.
F. INDUSTRIAL RESTRICTIONS:NOISE
1. At no boundary of a residence or business district may the sound pressure
level or any light or general industrial use (except for background noises
produced by sources not under control of this Ordinance such as the operation
of a motor vehicle or other transportation facilities) exceed the following
decibel limits:
|
(cycles per second) |
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries |
Maximum Permitted Sound Levels (decibels) Along Business District Boundaries |
| 20 | 75 | 72 | 79 |
| 75 | 150 | 67 | 74 |
| 150 | 300 | 59 | 66 |
| 300 | 600 | 52 | 59 |
| 600 | 1200 | 46 | 53 |
| 1200 | 2400 | 40 | 47 |
| 2400 | 4800 | 34 | 41 |
| 4800 | ---- | 32 | 39 |
The described limits of Column 1 apply between the 8:00 a.m. and 6:00 p.m. At other times, the allowable levels in each octave bank are each reduced by 6 decibels.
2. Sound levels shall be measured with a sound-level meter
and associated
octave bank filter, manufactured and calibrated according to standards
prescribed by the American Standards Association. Measurements shall
be
made using the flat C network of the sound level meter and the fast meter
movement of the octave bank analyzer. Impulsive noises are subject to the
performance standards prescribed by this section if they cause rapid
fluctuations of the needle of the sound level meter with a variation
of not
more than plus or minus 2 decibels. Noises incapable of being so
measured,
such as irregular and intermittent noises, shall be controlled so as not
be a
nuisance to adjacent uses.
"Octave Band" means all the frequencies from one frequency to a second.
In
sound octave bands, the second frequency is usually twice the first one;
and
"Octave Band Filter" means an electrical device that separates the
sounds in
each octave band and presents them to the sound level meter.
G. INDUSTRIAL RESTRICTIONS:FIRE HAZARDS
1. Solid substances ranging from free or active burning to intense
burning may
be stored, used, or manufactured only within completely enclosed buildings
having incombustible exterior walls and protected throughout by an
automatic fire extinguishing system.
2.
The storage, utilization, or manufacture of flammable liquids or materials
which produce flammable vapors or gases shall be permitted in accordance
with the Rules and Regulations of the State Fire Marshal. A Certificate
of
Compliance, issued by the State Fire Marshal's Office, stating that
the plans
and specifications for a light or general industrial use comply with the
Rules
and Regulations of the State Fire Marshal shall accompany the application
for
an Improvement Location Permit.
3.
As used in this section, the term "free burning" means a rate of combustion
described by a substance that burns actively and easily supports combustion;
and "intense burning" means a rate of combustion described by a substance
that burns with a high degree of activity and is consumed rapidly.
H. INDUSTRIAL RESTRICTIONS:DETONATION MATERIALS
1.
No activity involving the storage, use or manufacture of materials that
decompose by detonation may be carried on except in accordance with the
rules issued by the State Fire Marshal.
I. INDUSTRIAL RESTRICTIONS:PARTICULATE MATTER
1. The
rate of emission of particulate matter from all sources within the
boundaries of any lot may not exceed a net figure of 1 pound per hour per
acre
for a light industrial use, or 3 pounds per acre for a general industrial
use, of
which no more than 10 percent by weight may be particles larger
than 44
microns (325 weight may be particles larger than 44 microns (325
mesh).
The net rate of emission shall be computed by:
a. Determining the maximum emission in pounds per hour from each
source of emission within the boundaries of the lot and dividing
this
figure by the number of acres of lot area, thus obtaining the gross
hourly emission rate per acre for each source;
b. Deducting from that gross rate the appropriate correction factors for
height of emission and stack velocity as respectively specified in
subsections (6) and (c), thus obtaining the net hourly emission rate
per hour from each source; and,
c. Adding the individual rates of emission so computed to obtain the total
net hourly emission rate per hour from all sources within the
boundaries of the lot.
2. The allowance for height of emission is as follows:
(Interpolate for intermediate value):
|
Above Grade feet |
|
|
| 50 | 0.01 | 0.02 |
| 100 | 0.06 | 0.12 |
| 150 | 0.10 | 0.20 |
| 200 | 0.16 | 0.32 |
| 300 | 0.30 | 0.60 |
| 400 | 0.50 | 1.00 |
| 500 and above | 0.50 | 0.50 |
3. The allowance for velocity of emission is as follows:
(Interpolate for intermediate values)
|
Up (feet per second) |
Light Industrial Use (pounds per acre) |
General Industrial Use (pounds per acre) |
| 0 | 0 | 0 |
| 20 | 0.03 | 0.06 |
| 40 | 0.09 | 0.18 |
| 60 | 0.16 | 0.32 |
| 80 | 0.24 | 0.48 |
| 100 and above | 0.50 | 1.00 |
4. Dust
and other kinds of air pollution that are borne by the wind from such
sources within lot boundaries as storage areas, yards, and roads, shall
be kept
to minimum by appropriate landscaping, paving, oiling, fencing, or
other means.
5.
As used in this section, the term "particulate matter" means divided liquid
or
solid material that is discharged and carried along in the air.
J. INDUSTRIAL RESTRICTIONS:EXCEPTIONS
Sections 3.4-A to 3.4-I inclusive do not apply to:
1. Site
preparations or construction, maintenance, repair, alteration, or
improvement of buildings, structures, equipment, or other improvements
on or
within the lot line.
2. The
operation of motor vehicles or other facilities for the transportation
of
personnel, materials or products.
3. Conditions
beyond the control of the user such as fire, explosion, accident,
failure or breakdown.
4.
Safety or emergency warning signals or alarms necessary for the protection
of
life, limb or property; or
K. INDUSTRIAL RESTRICTIONS:GENERAL INDUSTRIAL
USES NEAR
RESIDENCE
DISTRICTS
The performance
standards prescribed by sections 3.4-A to 3.4-I for light
industrial uses
apply also to general industrial uses that are located within 660
feet of a
Residence District boundary.
The following requirements shall
apply to Manufactured Home Parks in addition to
all other requirements
of this Ordinance
A. Minimum Lot Area
(1) Manufactured Home Park - sufficient room for fifty (50) units
with
initial development of Twenty-five (25) units.
(2) Manufactured Home Lot - 5,000 square feet
B. Ground Floor
Area
No manufactured home may be established, erected or changed so that its
ground floor area, in square feet, is less than 600 square feet.
C. Building Height
No main building or structure may be erected or changed so as to have height
greater than thirty (30) feet.
D. Requirements for Manufactured Home Parks
The following requirements shall apply to all Manufactured Home Parks in
addition to the previous requirements
(1) Yards and distances between structures
(a) The minimum distance between any part of a manufactured home
including any accessory structures or additions on opposite sides of
the street shall be sixty (60) feet.
(b) The minimum distance between any part of a manufactured home
including any accessory structures or additions and a street
pavement, a common parking area, a common walk, or other
common area shall be eight (8) feet.
(c) The minimum distance between any part of a manufactured
home including any accessory structures or additions and the
park boundary when:
1. Adjoining residential land use or a residential or feeder street,
shall be fifteen (15) feet.
2. Adjoining land use is other than residential or an arterial
street, shall be thirty (30) feet.
(2) Streets
(a) Streets shall be provided on the site where necessary to furnish
principal trafficwarys for convenient access to the manufactured
home stands and other important facilities on the property. Streets
shall be privately owned.
(b) The street system shall provide convenient circulation by means of
minor streets and properly located feeder streets. Closed ends of
dead-end streets shall be provided with adequate paved vehicular
turning or back space. The turning circle right-of-way shall be at
least
100 feet in diameter.
(c) Pavements shall be of adequate widths to accommodate the
contemplated parking and traffic load in accordance with the type
of street with ten (10) feet minimum moving lanes for feeder streets,
nine (9) feet minimum moving lanes for minor streets, seven (7) feet
minimum lane for parallel guest parking and two (2) feet additional
width for pedestrian use where adjacent sidewalk is not provided.
1. All entrance streets and other feeder streets with guest
parking both sides....36 feet minimum*
2. Feeder street with no parking........24 feet minimum*
3. Minor cul-de-sac with no parking .....20 feet minimum*
4. One-way minor street with no parking (acceptable only if less
than 500 feet, total length and serving less than 25
manufactured home stands).....12 feet minimum*
(d) Streets shall be adapted to the topography and shall have suitable
alignment and gradient for safety of traffic, satisfactory surface and
ground water drainage, and proper functioning of sanitary and storm
sewer systems.
(e) Street intersections shall generally be at right angles. Off-sets
at intersections and intersections of more than two streets at one point
shall be avoided.
(f) The street improvements shall extend continuously from the existing
improved street system to provide suitable access to the
manufactured home stands and other important facilities on the
property, to provide adequate connections to existing or future streets
at the boundaries of the property and to provide convenient
circulation for vehicles.
(g) Pavements and surfacings other than cement or concrete shall
be protected at the edges by curbs, gutter or other suitable edging
where necessary to prevent raveling of the wearing surface and
shifting of the pavement base.
(h) Street base shall be well drained, uniformly graded and compacted.
(i) Pavement:As required by minimum standards for local streets as
set
forth in the Subdivision Ordinance.
(3) Driveways
(a) Driveways shall be provided on the site where necessary for
convenient access to service entrances of buildings, to delivery and
collection points for refuse and other materials, and elsewhere as
needed.
(b) Driveway serving a single facility or single manufactured home
lot,
minimum eight (8) feet, where used as walk, minimum 10 feet. With
adequate access for a hauler provided.
(4) Walks
(a) Individual walks:to each manufactured home stand from a paved
street or from a paved driveway or parking space connecting to a
paved street.
*Reduce by two (2) feet if adjacent sidewalk is provided.
(b) Common walks:In locations where pedestrian traffic is concentrated;
for example, at the park entrance, and at the park office and other
important facilities. Common walks should preferably be through
interior areas removed from the vicinity of streets.
(c) Width shall generally be at least 1 1/2 feet for walks on individual
lots
and at least 3 feet for common walks.
(d) Pavement:four (4) inches thick of Portland Cement Concrete.
(5) Laundry facilities:
(a) Laundry facilities shall be provided in a centralized common
facility, in
decentralized common facilities, or in a combination of these to
suit
local preferences.
(b) Where centralized provisions of washers, dryers, or common drying
yards are selected, they shall be located convenient to the
manufactured home spaces.
(6) Recreation Facilities:
(a) Recreation areas and facilities, such as playgrounds, swimming
pools,
and community buildings shall be provided to meet the anticipated
needs of the clientele the park is designed to serve. Provision of
separate adult and tot-lot recreation area is encouraged.
(b) No less than 1/2 acre per 25 units shall be devoted to designed
and
developed recreational facilities, generally provided in a central
location
or in the larger parks, decentralized. The minimum dimension of a
recreation area shall be 100 feet. Recreation area includes space
for
community buildings, adult recreation and child play areas and
swimming pools.
(7) Screen Planting and Fences:
(a) A tight screen planting six feet in width and height, effective
during all
seasons of the year, shall be placed adjacent to the
boundary of the
manufactured home park, maintaining same in original or better
condition.
(b) A wire mesh fence four (4) feet high shall be placed at boundary
line of
manufactured home park.
(c) Fences or free standing walls shall be installed where necessary
for
screening purposes, such as around laundry yards, refuse collection
points and playgrounds;.
(d) All fences and walls shall be located at least 18 feet from interior
street
centerlines and at least 18 inches from the pavement edge of streets,
driveways, parking spaces and walk.
(e) Fences and walls shall be appropriately designed for the function
intended and shall be substantially constructed to withstand conditions
of soil, weather and use.
(8) Community Facilities:
Essential community facilities and services for the type of manufactured
home park under construction, such as schools, recreation areas, police
and
fire protection shall be reasonably accessible to the park, or
provisions
shall be made assuring those facilities and services.
(9) Sanitary Facilities:
(a) The manufactured home park shall be provided with a complete
sanitary sewer system, which shall connect with an existing approved
sanitary sewer outlet or shall be provided with a separate
treatment plant, to be provided by the developer in accordance with
the minimum requirements of the Indiana State Board of Health and/or
the Indiana Stream Pollution Control Board.
(b) The plans for the installation of a sanitary sewer system shall be
provided by the developer of a manufactured home park and
approved by the Indiana State Board of Health. (Refer to Regulation
HSE 14, IS.B.H.) Upon the completion of the sanitary sewer
installation, the plans for such system as built shall be filed with the
Commission.
(10) Utility and Drainage Systems:
(a) Sanitary waste water disposal, solid waste disposal and water
supply systems as set forth in regulations of the Board of
Health and the
Indiana State Board of Health.
(b) Adequate provisions for the handling of storm water drainage on the
site to be improved and the handling of its runoff off site.
(c) A description of the types of other utilities systems to be provided
and
the manner in which they will be installed.
A. The following information shall be submitted with the application for a Special Exception for mineral extraction operations including borrow pits, top soil removal and storage areas.
1. A Map of Existing Conditions showing
the lands proposed to be included in the
Plant Area* and
the lands within 1,000 feet in all directions. This map shall show
the boundaries
of the Plant Area and existing conditions on the mapped lands
including:
a. Existing contours (with a contour interval appropriate to the site which
accurately reflects the topographic condition).
b. Water bodies and drainage courses - depth of water table below existing
terrain.
c. Estimate of depth and extent of deposit.
d. The present use of adjoining lands (residential, commercial, industrial,
institutional, recreational, agricultural, etc.)
e. The present zoning classification of subject and adjoining lands and
setback requirements.
f. All publicly owned lands.
g. Public rights-of -way - road types.
h. Easements, railroad right-of-ways and all other public or private
right-of-ways
2. A Plan of Operational Areas Showing:
a. Area proposed for excavation.
b. Area proposed for settling ponds and wash water outlets.
c. Area proposed for processing facilities and storage.
d. Area proposed for production facilities (if any) for resource
related industry.
e. Area proposed for plant entrance, office, dispatcher headquarters,
off-street
parking and equipment storage.
3. A Plan of Excavation showing:
a. Division of the area proposed for excavation into one or more Excavation
Units which are to be excavated and rehabilitated in sequence.
Estimated dates for the rehabilitation of the Excavation Units should be
given;
b. Methods to be used to minimize the effect of erosion by wind and water
on
the entire tract such as the planting of ground cover vegetation;
* "Plant Area" shall mean the territory planned
for extraction of sand, gravel or
other earth materials
and the operational installation, if any, for the excavating,
processing and distribution
of the minerals. Any major change in the Plant Area
scheme or the expansion of
operation will be treated as a new Plant Area and will
require a new application for
a Special Exception.
c. Methods of screening the area of operations from view, such as planting
screens, or the use of earth mounds:
d.
The access of haul road system.
4. A Conceptual Plan of Development
for the rehabilitation and the re-use of
the
entire Plant Area following extraction showing:
a. A proposed plan for landscape rehabilitation including grading,
drainage ,
planting, and similar appropriate installations:
b. The proposed water area (if any) resulting from excavation;
c. A proposed plan of functional re-use of the total Plant Area showing,
diagramically future location of residential, commercial, industrial,
public, semi-public, and other land uses, if any, and the principal elements
of a
future traffic circulation system to service the area. Sufficient
information
shall be provided to determine the general characteristics of proposed
development, such as, population density ranges, types of commercial or
industry usage, and kinds of public areas.
5. A bond with surety satisfactory
to the Board in the amount of $500.00 per acre
of area proposed
to be excavated, which shall run to the Board of County
Commissioners
of Howard County to insure the
satisfactory completion of the
landscape
rehabilitation shown in the Plan of Development following the
extraction
process.
B. The Plant Area will be used primarily for the excavation of sand, gravel, rock and other earth materials, and the processing, storage, stockpiling, distribution and sale thereof.
C. The following uses may be permitted when they are determined to be functionally beneficial to the extraction to adjoining lands:
1. concrete batching plants;
2. mixing plants for
either portland cement or asphaltic concrete;
3. concrete block, pipe,
beam, slab, or panel plants.
D. The uses referred to in paragraphs B and C of this section are subject to the performance standards, prescribed in Section 3.4 of this Ordinance.
E. Other Plant Area requirements:
1. Fencing: Prior to the
commencement of any operations in a Plant Area or part
there of located within 500 feet of a developed residential area,
public park or
other institution of public highway, a fence shall be constructed enclosing
the
Plant Area or part within that prescribed distance. Shops.
garages,
warehouses, storage areas, offices, dwelling units and other areas which
have
not been excavated and are not used by the Plant, need not be fenced.
Said
fence shall be of woven wire, not capable of receiving a child's
foot and at least
four (4) feet in height.
The
bottom of the fence shall conform to the ground surface so as to prevent
any
opening
between it and the ground surface exceeding four (4) inches. Gates
of
the
Semite as the fence shall be installed at all points of vehicular or
pedestrian
ingress and egress. Said gates shall be equipped with keyed locks
and
shall be kept locked at all times when Plant Area operations are shut
down.
Said fence, gates and locks shall be maintained in good condition.
2. Hours of Operation:Extraction
and material processing activities permitted in
the
Plant Are shall be limited to the hours of 6:00 a.m. to 10:00 p.m.,
except in
the
following situations:
a. Where
required by public authorities;
b.
Where work requires a continuous flow of materials;
c.
Where any necessary due to public emergencies;
d.
Where any necessary and reasonable repairs to equipment are required.
3. Ingress, Egress and Traffic Safety:
Access roads to any Plant Area shall be
limited to
one or at most two points and shall be constructed on a level with the
pavement
of any public street or highway for a distance of not less than 80
feet therefrom,
and said 80 feet of road shall be improved with a dust-proof,
all weather
surface. Adequate site distance shall be maintained for traffic
safety
in compliance
with the standards and requirements of the local highway
authorities.
4. Off- Street Parking: Off-street
parking shall be provided for all equipment and
for cars of employees.
5. Screens: Screen planting consisting of
a variety of trees, shrubs, or both in the
same planting area,
or a combination of seeded earth mounds and plant material
screens shall be
constructed and planted so to form dense screens to a height
appropriate to
block out objectionable features and maintained along the
perimeter of any area
being operated where said perimeter abuts a public
thoroughfare or a developed
residential area unless the natural topography
eliminates the need for
such a screen.
6. Drainage:Upon the completion of operations,
the land shall be left in a safe
condition so that sufficient
drainage shall be provided so as to prevent water
pockets or undue erosions,
with all grading and drainage such that both natural
storm water leaves the
entire property at the original, natural drainage points
and that the area drainage
to any one such point is not increased.
7. Excavations made to water producing depths,
and proposed as water areas in
the Plan of Development
should have minimum depth at some point of not less
than six (6) feet
measured from low water mark.
8. The rehabilitation of the Plant Area shall
be in conformance with the Plan of
Development submitted
with the application.
Section
3.6.1 through Section 3.8.4
For questions or comments concerning these zoning ordinances please
contact:
Howard County Planning Commission
765-456-2330 (fax)765-456-2339
120 E. Mulberry St. Room 114
Kokomo, Indiana 46901
