Section 2.00 General Regulations
The following regulations shall apply to all land within the Wellfield Protection Zoning Districts. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to said land, and in case of conflict, the more restrictive regulations shall apply.
Applicability of regulations.
The following regulations shall apply to all land within the Wellfield Protection Zoning Districts, with the exceptions of single and multi-family residential land uses. After the effective date of this ordinance:
No building, structure, premises or part thereof shall be constructed, erected, enlarged, extended, or relocated except in conformity with these regulations and for uses permitted by this ordinance and until the proposed site and development plan has been filed with and approved on behalf of the Metropolitan Development Commission by a technically qualified person. Said request shall be in the form of an application for an Improvement Location Permit, following all requirements for plan submission and documentation of the Improvement Location Permit Ordinance (68-AO-11, as amended) and shall contain the information specified in Section 2.01, C, a-l.
Development plans required.
In the W-1 district or the W-5 district a site and development plan is required to be filed with and approved on behalf of the Metropolitan Development Commission by the technically qualified person in the Division of Neighborhood Services for any of the land uses listed in Section 2.00, B, 2. when an improvement location permit is required. However, those listed land uses in the W-1 district that, in their ordinary course of business, have less than the threshold amount of one (1) gallon of liquids in the aggregate or six (6) pounds of water soluble solids in the aggregate and those land uses in the W-5 district that, in their ordinary course of business, have less than the threshold amount of one hundred (100) gallons of liquids in the aggregate or six hundred (600) pounds of water soluble solids in the aggregate on site are excluded from this site and development plan requirement.
In determining thresholds, the following substances shall be exempted:
- Reasonable quantities of substances used for routine building and yard maintenance stored inside a facility.
- Liquids required for normal operation of a motor vehicle in use in that vehicle.
- Substances contained within vehicles for bulk deliveries to the site.
- Beverages and food at restaurants, supermarkets, convenience stores, and other retail food establishments.
- Uncontaminated public water supply water, ground water and/or surface water.
- Substances, which are packaged in pre-sealed containers, sold at retail establishments.
- Substances utilized for the production and treatment of public water supply.
- Substances, which because of their inherent properties are determined from time-to-time by the technically qualified person to pose no significant threat to ground water.
Land uses requiring a site and development plan approval. (Development associated with the land uses listed below, but used exclusively for offices, does not require a site and development plan.)
Primary land uses:
- Agricultural Chemical Storage
- Animal Feedlots or Stockyards
- Asphalt or Tar Production
- Automotive Supplies Distribution
- Blast Furnaces, Steel Works, Rolling or Finishing Mills
- Building Cleaning or Maintenance Services Company
- Building Materials Production
- Car or Truck Wash
- Chemical or Petroleum Storage or Sales
- Chemical, Blending or Distribution
- Clay, Ceramic or Refractory Minerals Mining or Quarrying
- Construction Contractors' Equipment or Materials Storage
- Creosote Manufacturing or Treatment
- Dry Cleaning Plants or Commercial Laundries
- Educational, Engineering or Vocational Shops or Laboratories
- Electroplating Operations or Metal Finishers
- Equipment Repair
- Fat Rendering
- Food or Beverage Production (excluding restaurants, catering and other retail food establishments)
- Furniture or Wood Strippers, Refinishers
- Fuel Dispensing Facilities
- Golf Courses or Driving Ranges
- Hazardous Waste Treatment, Storage or Disposal
- Hospitals
- Laboratories: Medical, Biological, Bacteriological, Chemical
- Landscape or Lawn Installation or Maintenance Service (Commercial)
- Large Institutional Uses: Convalescent or Nursing Homes, Correctional or Penal Institutions, Schools, Colleges or Universities
- Leather Tanning or Finishing
- Limestone, Sand or Gravel Mining or Quarrying
- Machine, Tool or Die Shop
- Manufacture of:
- Autos or Trucks
- Cement
- Chemicals or Gases
- Colors, Dye, Paint or Other Coatings
- Communication Equipment
- Detergents or Soaps
- Explosives, Matches, or Fireworks
- Glass or Glass Products
- Light Portable Household Appliances; Electric Hand Tools; Electrical Components or Sub-Assemblies; Electric Motors; Electric or Neon Signs
- Machinery, Including Electrical or Electronic Machinery; or Equipment or Supplies (Circuits or Batteries).
- Major Electric or Gas Household Appliances
- Marine Equipment
- Musical Instruments
- Office Machinery, Electrical or Mechanical
- Paper, Paper Box or Paper Products
- Recording Instruments
- Tools or Implements, Machinery or Machinery Components
- Wood Products
- Materials Transport or Transfer Operations (Truck Terminals)
- Metal Mining
- Mortuary or Other Embalming Services
- Motor or Body Repair: Auto, Truck, Lawnmower, Airplane, Boat, Motorcycle
- Municipal Waste Landfill or Transfer Station
- Oil or Gas Production Wells
- Oil or Liquid Materials Pipelines
- Painting or Coating Shops (utilizing liquids or water soluble solids)
- Pesticide or Fertilizer Application Services
- Petroleum Refining
- Photographic Processing Facilities
- Printing Industries (utilizing liquid inks)
- Radioactive Waste Handling or Storage
- Road Salt Storage
- Rubber or Plastics Processing or Production
- Scrap or Junk Yards
- Slaughterhouse or Meat Packing
- Sludge Treatment or Disposal
- Solid Waste Treatment, Storage or Disposal (involving potential ground water contaminants)
- Stamping or Fabricating Metal Shops Using Press, Brakes, or Rolls
- Textile Production
- Warehousing of Potential Ground Water Contaminants
- Wastewater Treatment Facilities
- Wood Preservers or Treaters
Accessory land uses:
- Car or Truck Wash (if an underground storage tank is used)
- Dry Cleaning Plants (if 40 gallons or more of petroleum or chlorinated solvents are used or stored in a single container on site)
- Motor or Body Repair: Auto, Truck, Lawnmower, Airplane, Boat, Motorcycle (if 55 gallons or more in aggregate of petroleum or chlorinated solvents are used or stored on site)
- Fuel Dispensing Facilities
- Outdoor Road Salt Storage (if over one ton in bulk)
Where an existing use is being expanded, the site and development plan shall generally describe the entire site but only the expansion development is subject to review. Only those chemicals to be used, stored, or handled in the expanded area shall be calculated in determining threshold amounts.
Commitments. The Commission may permit or require commitments.
State statutory basis. The applicable Indiana Planning and Zoning Laws pertaining to this ordinance are the 1) 1400 Series - Development Plans of IC 36-7-4 and; 2) 600 Series - Zoning Ordinance [IC 36-7-4-600. Regulations contained in, and revisions to, this ordinance reflect the provisions of the 1400 Series - Development Plans, and the 600 Series - Zoning Ordinance.