SECTION
12
SPECIAL
DISTRICTS
A. Special Distracts Established.
The Special Districts established by this Ordinance for Vigo County, Indiana are as follows:
1. Open Space District (OS)
2. Hulman Regional Airport District (HRA)
3. Hulman Regional Airport Noise Overlay Distract (ANO)
4. Hulman Regional Airport Airspace Overlay District (AAO)
5. Mining Overlay District (MO)
12.01 Open Space District (OS).
A. Purpose.
The purpose of this district is to protect, promote, and preserve public and semi-public park lands, recreational areas, wilderness areas, wild life refuges, open ranges, woodlands, grazing lands, watersheds, water supplies, rivers, streams, wetlands, and other environmentally sensitive areas.
B. Permitted Uses.
1. Primary Uses:
Agricultural Crop Production
Cemeteries
Fire Protection
Fishing, Hunting and Trapping
Forestry
Forestry Devices
Greenhouses for Floral Products
Horticultural Specialties
Yacht Clubs
Public Parks
Single Family Dwelling
2. Temporary Uses (as defined in section 2).
3. Accessory Uses (as defined in Section 2).
4. Home Occupations.
5. Special Exception uses (subject to the provisions of Section 18).
Adult Correctional Facilities and Jails
Agricultural Livestock Production
Amusement Parks
Amusement and Recreational Services, not elsewhere classified
(outdoor)
Animal Specialties Not Elsewhere Classified:
breeding animals other than own stock and other than cattle,
hogs, sheep, goats and poultry; boarding kennels; training of pets.
Arenas and Stadiums
Bed & Breakfast
Bee Farms and Honey Production
Community and Neighborhood Centers
Correctional Institutions
Individual and Family Social Services
Public Golf Courses
Police Protection
Racing (including Track Operation)
Recreational Vehicle Parks and Campgrounds
Summer Theaters (Except Dinner Theaters)
Sporting and Recreation Clubs
Transportation Facilities including:
Airports
Heliports
C. Minimum Front Yard and Setback - shall be provided along all street rights-of-way as follows:
1. along a minor or local street - 25'
2. along a subcollector street - 30'
3. along a collector - 40'
4. along a arterial - 60'
D. Minimum Rear Yard and Setback -
1. Residential Use:
principal use building - 25'
accessory use building - 10'
2. All Other Uses - 50'
E. Minimum Side Yard and Setback -
1. Residential Use:
principal use building - 15'
accessory use building - 5'
2. All Other Uses - 30'
F. Maximum Building Height -
1. Residential Use -
principal use building - 35', provided, however, any permitted structure may be increased in height up to a maximum of 40' feet subject to the increasing of the required yards by 1' for each 2' of additional structural height above 35'
accessory use building - 20'
2. All Other Uses - 60', provided, however, the minimum required front, side or rear setback shall be increased by 1' for each 3' of additional structural height above 35'
G. Lot Coverage -
1. maximum coverage by principal building – 10%
2. minimum vegetative cover – 75%
H. Minimum Off-Street Parking - See Section 14 for requirements.
I. Minimum Off-Street Loading Requirements (applicable only to non-residential uses) - See Section 14 for requirements.
J. Entrance Restrictions (applicable only to non-residential uses) - See Section 14 for requirements.
K. On-Premise signs - See Section 16 for requirements.
12.02 Hulman Regional Airport District (HRA)
A. Purpose.
The purpose of this district is to: ensure the harmonious arrangement and development of land uses in and around Hulman Regional Airport; encourage the types of land uses having maximum compatibility with aircraft operations; protect the airport from the encroachment of incompatible land uses; and, protect and promote the public utility of Hulman Regional Airport.
B. Permitted Uses.
1. Primary Uses:
Public Airports municipally owned and operated, including all necessary navigation and flight operation facilities.
2. Temporary Uses (as defined in Section 2).
3. Accessory Uses (as defined in Section 2), including:
Terminal, Storage and Servicing Facilities for Airplanes and Other
Aircraft
Air Research Laboratories
4. Special Exception Uses (subject to the provisions of Section 18), including:
Hotel or Motel
Restaurant
Transportation Facilities, including:
Automobile Rental
Bus Station
C. Minimum Front Yard and Setback - shall be provided along all street rights-of-way as follows:
1. along a minor or local street - 25'
2. along a subcollector street - 30'
3. along a collector - 40'
4. along a arterial - 60'
D. Minimum Rear Yard and Setback - shall be provided from the property line as follows:
1. Minimum Rear Yard - 5'
2. Minimum Rear Buffer Yard - 20'
E. Minimum Side Yard and setback - shall be provided from the property line as follows:
1. Minimum Side Yard - 5'
2. Minimum Side Buffer Yard - 20'
F. Use of Minimum Yards and Minimum Buffer Yards - all minimum yards and minimum buffer yards shall be landscaped with grass, trees, shrubbery, or hedge, or in combination with other suitable ground cover materials and shall remain free from structures except where expressly permitted below:
1. Minimum Front Yards - may include driveways and parking areas provided that a minimum buffer strip of 10' in depth measured from and paralleling the right-of-way line shall be maintained along the front line of the parking area in compliance with the requirements for a Type B Buffer Yard as set forth in Section 17;
2. Minimum Front Buffer Yard - may include parking areas and driveways provided that a minimum buffer strip of 20' in depth measured from and paralleling the right-of-way line shall be maintained in compliance with the requirements for a Type C Buffer Yard as set forth in Section 17;
3. Minimum Side and Rear Yards - minimum side and rear yards may include internal driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures;
4. Minimum Side and Rear Buffer Yards - shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained as a buffer strip in compliance with the requirements for a Type C Buffer Yard as set forth in Section 17.
G. Building Height Limitations - (unless otherwise restricted by the provisions of the Hulman Regional Airport Airspace Overlay District)
1. Principal Use Building - 85', provided, however, any structure in excess of 35' shall be subject to the increasing of the required yards by 1' for each 2' of additional structural height above 35'
2. Accessory Use Building - 25'
H. Lot Coverage -
1. maximum coverage by principal building – 30%
2. minimum vegetative cover - 30%
I. Minimum off-Street parking - See Section 14 for requirements.
J. Minimum Off-Street Loading - See Section 14 for requirements.
K. Entrance Restrictions - See Section 14 for requirements.
L. On-premise signs - See Section 16 for requirements.
12.03 Hulman Regional Airport Noise Overlay District (ANO).
A. Purpose.
The purpose of this overlay district is to: regulate development and land use within noise sensitive areas surrounding Hulman Regional Airport; encourage the types of land uses having maximum compatibility with aircraft operations; protect the airport from the encroachment of incompatible land uses; and, protect and promote the public utility of Hulman Regional Airport.
B. Special Definition.
As used in this Section only, the following term shall be defined as set forth below. All other terms shall have the meaning set forth, in Section 2, Definitions.
Structure: Any object, whether permanent or temporary, including, but not limited to, a building, tower, crane, smokestack, earth formation, transmission line, flagpole, or ship mast; also includes a mobile object.
C. Incorporation of the Noise Overlay Zoning Maps.
The Noise Overlay Zoning Maps are attached hereto and incorporated herein by reference and made a part of this ordinance and the Official Zoning maps as Attachment 2A and Attachment 2B (The Noise Overlay Zoning Map is based on the most recently approved F.A.R. Part 150 Noise Exposure Maps.)
Copies of the noise contour maps and FAR 150 Noise Compatibility Study shall be on file and open to public inspection in offices of the Airport Authority and the Department.
D. Establishment of the Noise Compatibility Overlay Zones within the Hulman Regional Airport Noise Overlay District.
The Hulman Regional Airport Noise Overlay District shall consist of three separate Noise Compatibility Overlay Zones. The Noise Compatibility Overlay zones for the area around Hulman Regional Airport are established based on the DNL contours four aircraft noise developed for two alternative conditions forecast to exist in a short-term operating condition and a long-term operating condition. The following Noise Compatibility Overlay Zones are hereby established:
1. DNL 65-70 Noise Compatibility Overlay Zone (N-1). The N-1 zone generally corresponds to the area between the DNL 65 and 70 contours, as shown on Noise Overlay Zoning Maps.
2. DNL 70-75 Noise Compatibility Overlay Zone (N-2). The N-2 zone generally corresponds to the area between the DNL 70 and 75 contours, as shown on Noise Overlay Zoning Maps.
3. DNL 75+ Noise Compatibility Overlay Zone (N-3). The N-3 zone generally corresponds to the area within the DNL 75 contour, as shown on Noise Overlay Zoning Maps.
E. Application.
1. The regulations and standards contained herein shall apply to all land within the Hulman Regional Airport Noise Overlay District.
2. This district will serve as an overlay district that applies supplementary regulations in addition to all other applicable underlying or overlay zoning district regulations. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.
3. Within this ANO District, any proposed use or structure is subject to review as described herein, and shall be evaluated relative to the standards and requirements" provided for herein.
F. Boundary Revisions.
The boundaries shall be reviewed by the Commission whenever the Airport Authority updates or amends the noise contour maps and/or the DAR part 150 Noise Compatibility Program. It shall be the responsibility of the Airport Authority to notify the Commission of any such changes and to provide a copy of same to the Commission.
G. Permitted Uses.
Any use permitted in the primary zoning district in which this Overlay District is situated.
H. Prohibited Uses.
Land uses prohibited in the three Noise Compatibility overlay Zones (N-1, N-2 and N-3) comprising the Hulman Regional Airport Noise Overlay District shall be those uses identified below:
1. N-1
Mobile Dwelling Projects
Hospitals / Nursing Homes
Medical Offices
Education Services
Religious Uses
Auditoriums / Concert Halls
Outdoor Music Shells / Amphitheaters
Resorts and Group Camps
2. N-2
Any use prohibited in the N-1 Overlay District
Single Family Dwelling
Two Family Dwelling
Multifamily Dwelling
Residential Hotels
Dwellings (any type)
3. N-3
Any use prohibited in the N-2 Overlay District
Hotel / Motel (Transient Lodging)
Nature Exhibits
Public Assembly Facilities
I. Improvement Location Permits for Residential Buildings or other Noise Sensitive Uses.
No Improvement Location Permit shall be issued for the construction of a residential building or structure, or other building or structure designed for noise sensitive uses listed in Subsection C above, within an area lying one thousand five hundred (1,500) feet on either side of the extended centerline of a Hulman Regional Airport runway for a distance of (1.) nautical mile from the boundaries of Hulman Regional Airport, unless a permit for said building or structure has first been issued by the Indiana Department of Transportation, as specified in Indiana code 21-8-10-3.
J. Exemptions.
The provisions of this subsection shall not be deemed applicable to:
1. Temporary use, building, structure or improvement, that is not used for residential purposes, so long as such temporary use, building, structure or improvement is otherwise permitted by this Ordinance.
2. Agricultural use, building, structure or improvement otherwise permitted by this Ordinance.
3. Accessory use, building, structure or improvement otherwise permitted by this Ordinance.
K. Permit Review.
Notwithstanding the provisions of: Section 5., A., 3., of this Ordinance to the contrary, any application for a Improvement Location Permit for a building, structure or improvement in the N-1, N-2 or N-2 Overlay District shall be forwarded by the Director within three (3) days of its submittal to the Airport Authority staff. The Airport Authority staff shall have a maximum of seven (7) days in which to review the proposed plans and provide a written recommendation to the Department. If after such seven (7) day period, the Airport Authority staff has not required any additional information or stated any objections in writing to the Director, and the proposed building, structure or improvement, and the proposed use conform in all respects to the provisions of this Ordinance, the Director shall issue the Improvement Location Permit.
L. Additional Information Required.
In addition to the sate plan required by Section 5., B., 1., the applicant shall provide any other technical substantiation maps, plans, drawings, or materials as necessary to indicate the following:
1. Applicable Noise Overlay Zone. If a DNL boundary bisects the subject property, the DNL boundary shall be superimposed on the site plan.
2. Specification of Uses -
The use of each building, stricture, improvement or activity area shall be identified on the site plan.
3. Narrative Description
A narrative shall be provided describing the location of the site, its total acreage, existing character and use; the concept of the proposed development or use, such as proposed residential density, and the relation of the proposed site plan to the Comprehensive Plan.
M. Soundproofing Requirements.
Soundproofing shall be required for land uses in each of the N-1, N-2 and N-3 Noise Overlay Zones as indicated in the Table of Land Use Compatibility Standards - Hulman Regional Airport. Where soundproofing is required, no Improvement Location Permit shall be issued until the applicant has demonstrated that the building design is capable of achieving the Noise Level. Reduction required in said Table.
Table of Land Use Compatibility Standards
Hulman Regional Airport
Notice Zones/Levels in DNL
N-1 N-2 N-3
Land Use Name 65-70 70-75 75+
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Residential Household Units
Single Family Dwelling 251,5,6 N N
Two-Family Dwelling 251,5,6 N N
Multifamily Dwelling 251,5,6 N N
Group Quarters 251,5,6 N N
Residential Hotels 251,5,6 N N
Mobile Home Parks N N N
Transient Lodgings, Hotels, Motels - Y2 Y3 N
Other Residential 251,5,6 N N
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Manufacturing
Food & kindred products Y Y Y2
Textile Mill products Y Y Y2
Apparel & other finished
products made from fabrics,
leather & similar materials Y Y Y2
Lumber & wood products
(except furniture) Y Y Y2
Furniture & fixtures Y Y Y2
Paper & allied products Y Y Y2
Printing, publishing &
allied industries Y Y Y2
Chemicals & allied products Y Y Y2
Petroleum refining and
related industries Y Y Y2
Rubber & misc. plastic Y Y Y2
Stone, clay & glass
products manufacturing Y Y Y2
Primary metal industries Y Y Y2
Fabricated & metal products -
manufacturing Y Y Y2
Professional, scientific &
controlling instruments;
photographic & optical goods;
watches & clocks - manufacturing Y Y 25
Miscellaneous manufacturing Y Y Y2
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Transportation, communication and utilities
Rail transportation Y Y Y2
Motor vehicle transportation Y Y Y2
Aircraft transportation Y Y Y2
Marine craft transportation Y Y Y2
Highway & street right-of-way Y Y Y2
Automobile parking Y Y Y2
Communication Y Y Y2
Utilities Y Y Y2
Other transportation, communication,
& utilities Y Y Y2
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Trade
Wholesale trade Y Y Y2
Retail trade-building materials
hardware & farm equipment Y Y Y2
Retail trade--general merchandise Y Y 25
Retail trade-food Y Y 25
Retail trade-auto Y Y 25
Retail trade-apparel & accessories Y Y 25
Retail trade-furniture, home
furnishings Y Y 25
Retail trade-eating & drinking
establishments Y Y 25
other retail trade Y Y 25
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Services
Finance, insurance & real estate
services Y Y 25
Persona, services Y Y 25
Cemeteries Y Y Y2
Business services Y Y 25
Repair services Y Y Y2
Professional services Y Y 25
Hospitals, nursing homes N N N
Other medical facilities N N N
Contract construction services Y Y 25
Governmental services Y Y 25
Education services N N N
Miscellaneous services Y Y 25
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Cultural, entertainment and recreational
Cultural activities
(including churches) N N N
Nature exhibits Y Y N
Public assembly Y Y N
Auditoriums, concert halls N N N
Outdoor music shells, amphitheaters N N N
Outdoor sports arenas, spectator
sports Y Y4 Y4
Amusements Y Y Y
Recreational activities (including
golf courses, riding stables,
water recreation) Y Y 25
Resorts & group camps N N N
Parks Y Y Y
other cultural, entertainment,
and recreation Y Y Y
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Resource Production and Extraction
Agriculture Y1,5,6 Y1,5,6 Y1,5,6,7
Forestry Y Y Y
Mining and Quarrying Y Y Y
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Table Notes:
Y Yes. Land use and related structures are compatible without restrictions.
N No. Land use and related structures are not compatible and shall be prohibited.
NLR Noise Level Reduction (outdoor or indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure.
1. All residences in the N-1, zone should be soundproofed to achieve a 25 dB reduction from outdoor noise levels (NLR). Residences in the N-2 zone should be soundproofed to achieve a 30 dB NLR. All soundproofed residential units must be provided with heating, cooling, and ventilation systems capable of permitting closed windows and doors year round. An aviation easement for noise should be provided to the Airport Authority.
2. Measures to achieve NLR of 25 must be incorporated Into the design and construction of portions of these buildings where the public is received, office areas, sleeping rooms, noise sensitive areas, or where the normal noise level is low.
3. Measures to achieve NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, sleeping rooms, noise sensitive areas, or where the normal noise level is low.
4. Land use compatible provided special sound amplification system is installed.
5. A noise easement and non-suit covenant should be provided to the airport authority for all new development.
6. A large lot zoning requirement applies: minimum lot size of five acres per residential dwelling unit.
7. No residential dwellings permitted except one single-family dwelling as part of the main farmstead of a functioning farm unit.
25. Land use and related structures are generally compatible; measures to achieve NLR of 25 dB must be incorporated into design and construction of structure.
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The soundproofing requirements can be met in one of the two ways described below.
1. Design Standards.
If the building design incorporates the standards set forth in Soundproofing Design standards set forth below, the design shall be considered to have met the required soundproofing standard.
2. Performance Standards.
The applicant may choose to use design features other than those described below, as long as the final design is capable of achieving the Noise Level Reduction required in the Table of Land Use Compatibility Standards - Hulman Regional Airport. Such noise attenuation capability shall be certified on the building plans by a registered architect, structural engineer, or acoustician.
N. Field Testing of Interior Sound Levels.
Field testing of interior sound levels may occur as requested by the applicant, property owner or Vigo County. Such field testing may be provided by the Airport Authority staff, provided sufficient staff resources, time, and equipment is available; otherwise, such testing shall occur at the expense of Vigo County.
O. Aviation Easement and Non-suit Covenant.
No permit, required by the terms of this Ordinance, shall be issued for the development of any land use required to be soundproofed, based on the Table of Land Use Compatibility Standards, until the owner of the property proposed for development dedicates to the Airport Authority, as owner of Hulman Regional Airport, an aviation easement and non-suit covenant acknowledging the right of the airport owner and operator to use the airspace above the property for aircraft navigation and waiving all rights to claims for damages of any kind incurred as a result of aircraft using the navigable airspace above the property.
All aviation easements shall be supplied in a form prescribed by the Director and the Airport Authority, and shall; contain the legal description of the subject property; be signed by the property owner; be notarized; and, be recorded in the office of the Recorder of Vigo County, Indiana.
12.04 Hulman Regional Airport Airspace Overlay District (AAO).
A. Purpose.
The purpose of this overlay district is to prevent the creation or establishment of obstructions that are hazards to air navigation; to ensure the elimination, removal, alteration or mitigation of obstructions that are hazards to air navigation; to promote the marking and lighting of obstructions that are hazard to air navigation; to encourage the types of land uses having maximum compatibility with aircraft operations; to protect the airport from the encroachment of incompatible land uses; and to protect and promote the public utility of Hulman Regional Airport.
B. Special Definition.
As used in this Section. only; the .following term shall:. be defined as set forth below. All other terms shall have the meaning set forth in Section 2, Definitions.
Structure: An object constructed or installed by man, including but without limitation, buildings, towers, smokestacks and overhead transmission lines.
C. Incorporation of the Airspace Overlay Zoning Map.
The Airspace Overlay Zoning Map is attached hereto and incorporated herein by reference and made a part of this ordinance and the Official Zoning Maps as Attachment 1. (The Airspace Overlay Zoning Map is based on the most recent approved Airport Layout Plan.)
D. Division of the Hulman Regional Airport Airspace Overlay
District into Areas.
The Hulman Regional Airport Airspace Overlay District shall consist of Airport Precision Instrument, Non-Precision Instrument and Visual Approach Surface Areas, Airport Transitional Surface Areas, Airport Horizontal Surface Areas and Conical Surface Areas, on publicly owned, public use airport as defined herein and indicated on the Airspace Overlay Zoning Map.
E. Application.
1. The regulations and standards contained herein shall apply to all land within the Hulman Regional Airport Airspace Overlay District.
2. This district will serve as an overlay district that applies supplementary regulations in addition to all other applicable underlying or overlay zoning district regulations. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.
F. Hulman Regional Airspace Overlay District Regulations.
If any area is subject to more than one of the below height limitations, the more restrictive limitation shall control. Provided further, however., nothing in this herein shall be construed as prohibiting the erection, construction, growth or maintenance of any structure or tree to a height of fifty (50) feet or less above the surface of the land. However, if the erection, construction, growth or maintenance of any structure or tree to a height of fifty (SO) feet or less above the surface of the land is deemed an airspace hazard it may be prohibited through fair compensation to the owner of such structure or tree.
1. Height Limits.
Except as otherwise provided herein, no structure or tree shall be erected, altered, allowed to grow, or maintained within the Hulman Regional Airport Airspace Overlay District to a height in excess of the following height limits herein established for the applicable Airport Precision Instrument Approach Surface Area, Airport Non-Precision Instrument Approach Surface Area, Airport Visual Approach Surface Area, Airport Transitional Surface Area, Airport Horizontal Surface Area and Airport Conical Surface Area, as defined herein and designed on ;he Airspace overlay Zoning Map. (Such height limits shall be computed from the applicable runway elevation or airport elevation as designated on the Airspace Overlay Zoning Map).
a. Height Limits for the Airport Precision Instrument Approach Surface Area shall be:
One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from the end oŁ the runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway.
b. Height Limits for the Airport Non-Precision Instrument Approach Surface Area shall be:
One (1) foot in height for each thirty four (34) feet in horizontal distance beginning at a point two hundred (200) feet from the end of the runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway.
c. Height Limits for the Airport Visual Approach Surface Area shall be:
One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from the end of the runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway.
d. Height Limits for the Airport transitional Surface Area shall be:
One (1) foot in height for each seen (7) feet in horizontal distance beginning at a point five hundred (500) feet from the centerline of precision instrument runways and two hundred fifty (250) feet from the centerline of non-precision instrument and visual runways, measured at right angles to the longitudinal centerline oŁ the runway, extending upward to a maximum height of one hundred fifty (150) feet above the established airport elevation as indicated in the Airspace Overlay District zoning Map; one (1) foot vertical height for each seven (7) feet of horizontal distance measured from the outer lines of all Precision Instrument, Non-Precision Instrument, and Visual Approach Surface Areas for the entire length of said Approach Surface Areas, extending to the
intersection with the outer line of the Conical. Surface Area arid, beyond said points of intersection, beginning at tile outer lines of all Precision Instrument Approach Surface Areas and extending a horizontal distance to five thousand (5,000) feet therefrom, measured at right angles to the continuation of the runway centerline, one (1) foot vertical height for each seven (7) feet of horizontal distance. The width prescribed in this Section will be that width prescribed for the most precise approach existing or planned for either end of that runway.
e. Height Limit From the Airport Horizontal Surface Area shall be:
One hundred fifty (150) feet above the established airport elevation as indicated on the Airspace Overlay Zoning Map. The dimensions of the Airport Horizontal Surface Areas are defined in Section 2.
f. Height Limit for the Airport Conical Surface Area shall be:
One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the Horizontal Surface Area and measured perpendicularly to the periphery of the Horizontal Surface Area to a height of three hundred fifty (350) feet above the established airport elevation. The dimensions of the Airport Conical Surface Area are defined in under Section 2.
2. Performance Standards.
The following performance standards shall apply to all land within the perimeter of the airport Conical Surface Areas as defined in this Section and indicated on the Airspace Overlay Zoning Map.
a. Interference with Communications.
No use shall create interference with any form of communication, the primary purpose of which is for air navigation.
b. Glare: Marking and Lighting of Airspace Hazards.
(1) All light shall be located or shielded in such a manner that they do not interfere with runway, taxiway, tower or any other airport lights, or result in glare which may interfere with the use of the airport in landing, taking-off, or maneuvering of aircraft.
(2) Such markers and lights as may be required by the Hulman Regional Airport Authority to indicate to air crews the presence of structures or trees constituting airspace hazards, as defined in their ordinance, shall be permitted.
c. Smoke, Dust, Particulate Matter.
(l) The emission of smoke, dust, particular matter and any other airborne material shall be subject to Air Quality Control Ordinance, Vigo County Code Chapter 44, Section 3-44-l.b.3 and which standards and regulations are hereby incorporated by reference and made a part hereof.
(2) No use shall cause smoke, dust, particulate matter or airborne material of any kind to escape beyond the lot lanes in a manner detrimental to or endangering the visibility of air crews using the airport landing, taking-off or maneuvering of aircraft.
12.05 Mining Overlay District (MO).
A. Purpose.
The purpose of this district is to provide for: establishments engaged in mining, excavating, processing and storage of gravel, sand, borrow, and other mineral or earthen resources; and, establishments engaged in the collection and disposal of solid waste.
B. Permitted Uses.
1. Primary Uses:
a. Any use permitted in the primary zoning district in which this Mining Overlay District is situated.
b. Mining, quarrying, excavation of sand, gravel, borrow or other mineral or earthen resources.
c. Location, for a period not to exceed five (5) years, of temporary processing plants for the processing and storage oŁ sand, gravel, borrow, or other mineral or earthen resources, mined on the premises.
2. Temporary Uses (as defined in Section 2).
3. Accessory Uses (as defined in Section 2).
4. Special Exception Uses (subject to the provisions of Section 18), including:
a. Any special exception use permitted in the primary zoning district in which this Mining Overlay District is situated.
b. Permanent plants for the processing and storage of sand, gravel, borrow, or other mineral or earthen resources.
c. Landfills (sanitary, hazardous).
C. Minimum Lot Width – 100’
D. Minimum Front Yard and Setback - shall be provided along all street rights-of-way as follows:
1. along a minor or local street - 60'
2. along a subcollector street - 60'
3. along a collector - 60'
4. along a arterial - 50'
E. Minimum Rear Yard and Setback shall be provided from the property line as follows:
1. Minimum Rear Yard - 100'
2. Minimum Rear Buffer Yard - 100'
F. Minimum Side Yard and Setback shall be provided from the property line as follows:
1. Minimum Side Yard - 100'
2. Minimum Side Buffer Yard - 100'
G. Use of Minimum Yards and Minimum Buffer Yards - all minimum yards and minimum buffer yards shall be landscaped with grass, trees shrubbery, or hedge, or in combination with other suitable ground cover materials and shall remain free from structures except where expressly permitted below:
1. Minimum Front Yards - may include driveways and parking areas provided that a minimum buffer strip of 50' in depth measured from and paralleling the right-of-way line shall be maintained along the front line of the parking area in compliance with the requirements for a Type A Buffer Yard as set forth in Section 17;
2. Minimum Front Buffer Yard - may include parking areas and driveways provided that a minimum buffer strip of 75' in depth measured from and paralleling the right-of-way line shall be maintained in compliance with the requirements for a Type B Buffer Yard as set forth in Section 17;
3. Minimum Side and Rear Yards W minimum side and rear yards may shall be maintained as a buffer strip in compliance with the requirements for a Type B Buffer Yard as set forth in Section 17;
4. Minimum Side and Rear Buffer Yards - shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained as a buffer strip in compliance with the requirements for a Type C Buffer Yard as set forth in Section 17.
H. Building Height Limitations.
1. Principal Use Building - 100'
2. Accessory Use Building - 25'
I. Minimum Off-Street Parking - See Section 14 for requirements.
J. Minimum Off-Street Loading - See Section 14 for requirements.
K. Entrance Restrictions - See Section 14 for requirements.
L. On-Premise Signs - See Section 16 for requirements.
M. Permits and Bonds.
A Improvement Location Permit shall be required prior to the commencement of any excavation or extraction of gravel, sand, borrow or other mineral or earth resources. Said Improvement Location Permit application shall be accompanied by a corporate surety bond fox site reclamation upon completion of operations. Said Improvement Location Permit and corporate surety bond may apply to any portion of real estate zoned to this Overlay District and under the control of the applicant either in total or in phases as determined by the applicant,
Surety bonds shall be in the amount of $500.00 per acre; with a minimum of $1,000 per operation and shall be with a surety approved by the Department. Said bond shall specify the time for the completion of all of extraction, processing and reclamation operations on the real estate covered by said bond.
N. Site Reclamation.
All excavation or extraction operations shall be:
1. made to a water-producing depth of not less than eight (8) feet below the low water mark and shall be slopped to the water line at a slope which shall not be less than one and one-half feet horizontal to one foot vertical and said bank shall be sodded, or surfaced with a maximum of six inches of suitable soil and seeded with grass seed; or,
back-filled and graded in substantial conformity to the land area immediately surrounding the excavation area provided that no form of solid waste, sludge, or any other form of waste material of any kind, including but not limited to construction/demolition debris, shall be used as fill material in the reclamation of the site.
0. State Site Development Plan Requirements.
A site development plan as required by the State of Indiana shall be filed with the Department on or before July 1st of each year. Any such mineral extraction and/or processing use or landfill use shall be operated in full and complete compliance with all applicable State laws, rules, and regulations.