Excerpt From Elkhart County's Zoning Ordinance 263s2a
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SPECIFICATIONS A - AGRICULTURAL DISTRICTS AND USES. A.
PERMITTED USES IN AGRICULTURAL DISTRICTS. 1.
"A1C" Agricultural District. a. b. c. d. e. f. g. h.
2.
Agricultural Uses where the tract of land contains more than three (3) acres. Residential Dwellings as specified in Specifications B Residential Uses. (deleted 11/7/94 PC 94-30) Special Uses as specified in Specifications F. Off-Street parking facilities as required in Specifications G. Signs as regulated in Specifications H. Mobile Homes as provided in Specifications J. Kennel. (Amended 5/21/2012 PC12-04)
"A2C" CONSERVATION DISTRICT. a.
PURPOSE. It is the purpose of this district to protect the public health, safety and general welfare by reducing the hardships and financial burdens caused by the periodic flooding of streams. The provisions of this district are intended to further locally the purpose of Indiana Code 13-2-25-1 et seq. (Indiana Flood Control Act of 1945).
b.
LOCATION. The boundaries of this district indicate the flood plain area, which is susceptible to the risk of flooding. Exact boundaries are based upon flood elevations, topographic maps, and aerial photographs.
c.
PERMITTED USES. (1)
Agricultural Uses where the tract of land contains more than three (3) acres.
(2)
Public Parks, playgrounds and recreational areas and private recreational developments.
(3) d.
No residential structure or permanent commercial and industrial structures shall be established and used. CONDITIONAL USES. (1)
Uses other than those listed above may be permitted after approval by the State Flood Control and Water Resources Commission, and after approval by the Board of County Commissioners, in accordance with Specifications F. Special Uses.
Specifications A – page 1 All amendments as of June 2012
(2)
e.
FUTURE CHANGES. (1)
B.
"Uses" as used in this specification, include the filling in with waste materials, the construction and use of commercial, industrial and residential structures, and the industrial use of open ground.
As land within the Conservation District becomes sufficiently protected from the possibility of flooding, the rezoning of that land may be considered.
AGRICULTURAL USE SPECIFICATIONS. 1.
DEFINITION. An agricultural use includes the raising and keeping of all "large" livestock such as horses, cows, ponies, goats, sheep, or swine or the raising and keeping of "small" livestock such as chickens, ducks, geese, or rabbits. The raising of crops, flowers, and vegetables shall not be deemed an agricultural use. (Amended 1/20/2004 PC04-01)
2.
LOCATION PERMITTED. In "A1C" Agricultural Districts and "A2C" Conservation Districts on a tract of land containing more than three (3) acres; by Special Use on a tract of land containing three (3) acres or less in "A1C" and "A2C" Districts and; by Special Use in all other Districts regardless of tract size.
3.
FRONT AND SIDE YARD BUILDING SETBACK FROM ROAD.
4.
a.
On four (4)-lane federal and state highways, a distance of eighty (80) feet from the right-of-way line.
b.
On two (2)-lane federal or state highways, a distance of one hundred twenty (120) feet from the center line of the right-of-way.
c.
On all other roads and streets, a distance of seventy-five (75) feet from the center line of the right-of-way.
VISION CLEARANCE AT ROAD AND STREET INTERSECTIONS. a.
5.
Ten (10) feet from the intersection of property lines.
VEHICLE PARKING SPACE. a.
One (1) space on the lot for each family housed on the lot.
Specifications A – page 2 All amendments as of June 2012
6.
GENERAL PROVISIONS. a. The raising of farm crops, vegetables, flowers, and nursery plants is permitted in all Districts. b. Kennel 1. On a minimum of three (3) acres provided the use, including any runs, pens, facilities, fencing and structures, shall be: a. Set back at least 200 feet from the nearest principal residence not occupied by the kennel operator; and, b. Set back at least 50 feet from any other property line; and, c. Fenced with a visual buffer to neighboring properties. (Amended 5/21/2012 PC12-04)
Specifications A – page 3 All amendments as of June 2012
"A-3" FARMLAND PRESERVATION DISTRICT (Amended 5/3/99 PC99-24) The purpose of the district is to permit intensive agricultural uses and to recognize certain needs of the agricultural community. The goals of an A-3 would be: -
Enhanced Right-to-Farm protection. Recognition by community. Promote agricultural economic development.
General requirements for consideration of A-3 designation: -
Request for consideration to Plan Commission by landowner. Minimum of 40 acres or contiguous to an existing A-3.
Permitted uses: -
Agricultural uses, including but not limited to crop farming, livestock and poultry farming, grazing lands, and the operation of any machinery, vehicles, and other uses customarily incidental to agricultural actually being pursued on the premises.
-
Buildings associated with agricultural uses actually being pursued on site provided no more than 5% of the A-3 real estate is covered by structures.
-
Parking and storage of operable farm vehicles, farm machinery and other motor vehicles actually used on the premises in connection with any use permitted in this district.
-
No prohibition from expanding agricultural enterprise as long as environmental regulations are met and agricultural practices are sound. Sound agricultural practices - refers to those practices necessary for the on-farm production, preparation, and marketing of agricultural commodities.
-
Kennel. (Amended 5/21/2012 PC12-04)
General Provisions: 1. Kennel. a. On a minimum of three (3) acres provided the use, including any runs, pens, facilities, fencing and structures, shall be: i. Set back at least 200 feet from the nearest principal residence not occupied by the kennel operator; and, ii. Set back at least 50 feet from any other property line; and, iii. Fenced with a visual buffer to neighboring properties; (Amended 5/21/2012 PC12-04)
Specifications A – page 4 All amendments as of June 2012
Limitations: 1.
Construction of residential housing not permitted except by Special Use granted only for owners, family employed in the agricultural operation on the premises, or tenants involved in the agricultural operations on the premises.
2.
That any future residential subdivision of property within 300 ft. of an A-3 zoned property must address as part of the requested Primary Approval the following: (a) (b) (c) (d) (e)
Off site surface drainage impacts Subsurface tiling systems impacts Irrigation accommodations Security of A-3 zoned property from residential uses Subdivision plat notes and restrictive covenants on the property deeds holding harmless agricultural production in the A-3 zone when operating under normal practices
Agricultural use notice: To help reduce conflicts between farmers and non-farm neighbors, the property owner may post signs along country roads within an A-3C zone. The signs would identify the area as Farmland Preservation Zone and give notice that dust, noise, odors, and other inconveniences may occur due to normal farming activities. Size, design and location of these signs are to be approved by the staff of the Elkhart County Plan Commission.
Specifications A – page 5 All amendments as of June 2012
"A-4" CONFINED FEEDING PROTECTION DISTRICT (Amended 5/3/99 PC99-24) The purpose of the district is to permit intensive agricultural uses and to recognize certain needs of the agricultural community. The goals of an A-4 would be: -
Enhanced Right-to-Farm protection. Recognition by community. Promote agricultural economic development. Co-existence with residential neighbors.
General requirements for consideration of A-4 designation: -
Request for consideration to Plan Commission by landowner. Minimum of 40 contiguous acres or acreage contiguous to an existing A-4. That the proposed confined feeding operation must have IDEM's approval within IDEM's rules for confined feeding operations -regardless of number of animal units.
Permitted uses: -
Agricultural uses, including but not limited to crop farming, livestock and poultry farming, grazing lands, and the operation of any machinery, vehicles, and other uses customarily incidental to agricultural uses actually being pursued on the premises.
-
Buildings associates with agricultural uses actually being pursued on site.
-
Parking and storage of operable farm vehicles, farm machinery and other motor vehicles actually used on the premises in connection with any use permitted in this district.
-
Kennel. (Amended 5/21/2012 PC12-04)
General Provisions: 1. Kennel. a. On a minimum of three (3) acres provided the use, including any runs, pens, facilities, fencing and structures, shall be: i. Set back at least 200 feet from the nearest principal residence not occupied by the kennel operator; and, ii. Set back at least 50 feet from any other property line; and, iii. Fenced with a visual buffer to neighboring properties; (Amended 5/21/2012 PC12-04)
Specifications A – page 6 All amendments as of June 2012
Limitations: 1.
Construction of residential housing not permitted except by special use, granted only for owners, family employed in operation, or tenants involved in confined feeding operations on the premises.
2.
That confined feeding operations, including manure management techniques, are to be placed on the site in accordance with IDEM's rules for confined feeding operations.
3.
That in order for the County Commissioners to grant an A-4 zoning designation, all real estate owners adjacent to the proposed A-4 zoning at the time the application is filed with the Plan Commission must sign a statement of acknowledgement of the use of this property for confined feeding operations, and that as long as these operations are conducted in compliance with this A-4 district, any IDEM regulation and normal agricultural practices, they will hold harmless the owner of the A-4 real estates from claims due to dust, noise, odors, etc. emanating from the operation.
4.
That any future splits of property adjacent to the A-4 District, whether subdivision or metes and bounds, must include the wording of the above mentioned release of the deed as a perpetual deed restriction in order for the County to consider such splits as potential buildable tracts.
5.
That a confined feeding operation must maintain less than 1500 animal units as determined from the following chart: ANIMAL TYPE Calves (150-500 lb) Feeder Cattle (500-1200 lb) Beef Cows Young Dairy Stock (500-1000 lb) Dairy Cows Nursery Pigs (up to 50 lb) Grower/Feeder Pigs (50-100 lb) Finishing Hogs (100 lb - market wt.) Sows Boars Sheep Turkeys Layer Chickens Broiler Chickens Ducks Horses
ANIMAL UNIT(S) .5 .75 1 .75 1 .2 .3 .4 .5 .5 .5 .10 .01 .01 .01 1
Agricultural use notice: To help reduce conflicts between farmers and non-farm neighbors, the property owner may post signs along county roads within an A-4 zone. The signs would identify the area as Confined Feeding Protection District and give notice that dust, noise, odors, and other inconveniences may occur due to normal farming activities. Size, design and location of these signs are to be approved by the staff of the Elkhart County Plan Commission. Specifications A – page 7 All amendments as of June 2012
INTENSIVE LIVESTOCK OPERATION
"A-5" DISTRICT
(Amended 5/3/99 PC99-24) The purpose of the district is to address extremely large confined feeding operations and to recognize certain Health, Safety, and General Welfare needs of Elkhart County.
The goals of an A-5 District would be: -
Protect Health, Safety and General Welfare of residents of Elkhart County. Recognition by community. Promote agricultural economic development. Co-existence with residential neighbors.
General Requirements: 1.
That for an Intensive Livestock Operation (as defined in Req 2) to operate in Elkhart County, it must be located within real estate zoned "A-5".
2.
An Intensive Livestock Operation is: Any farm or farm operation engaged in raising, breeding, or feeding beef or dairy cattle, horses, swine, sheep, goats, poultry/fowl, turkeys/ducks, or other livestock in concentrations of 1500 or more animal units, including any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for pasture or feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. ANIMAL TYPE Calves (150-500 lb) Feeder Cattle (500-1200 lb) Beef Cows Young Dairy Stock (500-1000 lb) Dairy Cows Nursery Pigs (up to 50 lb) Grower/Feeder Pigs (50-100 lb) Finishing Hogs (100 lb - market wt.) Sows Boars Sheep Turkeys Layer Chickens Broiler Chickens Ducks Horses
ANIMAL UNIT(S) .5 .75 1 .75 1 .2 .3 .4 .5 .5 .5 .10 .01 .01 .01 1
Specifications A – page 8 All amendments as of June 2012
Permitted Uses: -
Agricultural uses, including but not limited to crop farming, livestock and poultry farming, grazing lands, and the operation of any machinery, vehicles, and other uses customarily incidental to agricultural uses actually being pursued on the premises.
-
Buildings associated with agricultural uses being pursued on site.
-
Parking and storage of operable farm vehicles, farm machinery and other motor vehicles actually used on the premises in connection with any use permitted in this district.
Limitations: 1.
Construction of residential housing not permitted except by special use, granted only for owners, family employed in operation, or tenants involved in the intensive livestock operations on the premises.
2.
That Intensive Livestock Operations, including manure containment management techniques, are to be placed on the site in accordance with IDEM's rules for confined feeding operations.
3.
That proposed uses and accessory uses will not be injurious to the public welfare in the surrounding neighborhood. Specifically impacts of odor, gases, manure, noise, truck traffic, and air pollution must be considered and mitigated to the extent required by the Commission.
4.
That compliance with all state laws, especially the Indiana Department of Environmental Management's Animal Waste Regulations with the Indiana Confined Feeding Control Law, is mandatory.
Agricultural use notice: To help reduce conflicts between farmers and non-farm neighbors, the property owner may post signs along county roads within an A-5C zone. The signs would identify the area as Intensive Livestock Operation District and give notice that dust, noise, odors, and other inconveniences may occur due to normal farming activities. Size, design and location of these signs are to be approved by the staff of the Elkhart County Plan Commission.
Specifications A – page 9 All amendments as of June 2012
PERMITTED USES IN AGRICULTURAL DISTRICTS. 1.
"A1C" Agricultural District. a. b. c. d. e. f. g. h.
2.
Agricultural Uses where the tract of land contains more than three (3) acres. Residential Dwellings as specified in Specifications B Residential Uses. (deleted 11/7/94 PC 94-30) Special Uses as specified in Specifications F. Off-Street parking facilities as required in Specifications G. Signs as regulated in Specifications H. Mobile Homes as provided in Specifications J. Kennel. (Amended 5/21/2012 PC12-04)
"A2C" CONSERVATION DISTRICT. a.
PURPOSE. It is the purpose of this district to protect the public health, safety and general welfare by reducing the hardships and financial burdens caused by the periodic flooding of streams. The provisions of this district are intended to further locally the purpose of Indiana Code 13-2-25-1 et seq. (Indiana Flood Control Act of 1945).
b.
LOCATION. The boundaries of this district indicate the flood plain area, which is susceptible to the risk of flooding. Exact boundaries are based upon flood elevations, topographic maps, and aerial photographs.
c.
PERMITTED USES. (1)
Agricultural Uses where the tract of land contains more than three (3) acres.
(2)
Public Parks, playgrounds and recreational areas and private recreational developments.
(3) d.
No residential structure or permanent commercial and industrial structures shall be established and used. CONDITIONAL USES. (1)
Uses other than those listed above may be permitted after approval by the State Flood Control and Water Resources Commission, and after approval by the Board of County Commissioners, in accordance with Specifications F. Special Uses.
Specifications A – page 1 All amendments as of June 2012
(2)
e.
FUTURE CHANGES. (1)
B.
"Uses" as used in this specification, include the filling in with waste materials, the construction and use of commercial, industrial and residential structures, and the industrial use of open ground.
As land within the Conservation District becomes sufficiently protected from the possibility of flooding, the rezoning of that land may be considered.
AGRICULTURAL USE SPECIFICATIONS. 1.
DEFINITION. An agricultural use includes the raising and keeping of all "large" livestock such as horses, cows, ponies, goats, sheep, or swine or the raising and keeping of "small" livestock such as chickens, ducks, geese, or rabbits. The raising of crops, flowers, and vegetables shall not be deemed an agricultural use. (Amended 1/20/2004 PC04-01)
2.
LOCATION PERMITTED. In "A1C" Agricultural Districts and "A2C" Conservation Districts on a tract of land containing more than three (3) acres; by Special Use on a tract of land containing three (3) acres or less in "A1C" and "A2C" Districts and; by Special Use in all other Districts regardless of tract size.
3.
FRONT AND SIDE YARD BUILDING SETBACK FROM ROAD.
4.
a.
On four (4)-lane federal and state highways, a distance of eighty (80) feet from the right-of-way line.
b.
On two (2)-lane federal or state highways, a distance of one hundred twenty (120) feet from the center line of the right-of-way.
c.
On all other roads and streets, a distance of seventy-five (75) feet from the center line of the right-of-way.
VISION CLEARANCE AT ROAD AND STREET INTERSECTIONS. a.
5.
Ten (10) feet from the intersection of property lines.
VEHICLE PARKING SPACE. a.
One (1) space on the lot for each family housed on the lot.
Specifications A – page 2 All amendments as of June 2012
6.
GENERAL PROVISIONS. a. The raising of farm crops, vegetables, flowers, and nursery plants is permitted in all Districts. b. Kennel 1. On a minimum of three (3) acres provided the use, including any runs, pens, facilities, fencing and structures, shall be: a. Set back at least 200 feet from the nearest principal residence not occupied by the kennel operator; and, b. Set back at least 50 feet from any other property line; and, c. Fenced with a visual buffer to neighboring properties. (Amended 5/21/2012 PC12-04)
Specifications A – page 3 All amendments as of June 2012
"A-3" FARMLAND PRESERVATION DISTRICT (Amended 5/3/99 PC99-24) The purpose of the district is to permit intensive agricultural uses and to recognize certain needs of the agricultural community. The goals of an A-3 would be: -
Enhanced Right-to-Farm protection. Recognition by community. Promote agricultural economic development.
General requirements for consideration of A-3 designation: -
Request for consideration to Plan Commission by landowner. Minimum of 40 acres or contiguous to an existing A-3.
Permitted uses: -
Agricultural uses, including but not limited to crop farming, livestock and poultry farming, grazing lands, and the operation of any machinery, vehicles, and other uses customarily incidental to agricultural actually being pursued on the premises.
-
Buildings associated with agricultural uses actually being pursued on site provided no more than 5% of the A-3 real estate is covered by structures.
-
Parking and storage of operable farm vehicles, farm machinery and other motor vehicles actually used on the premises in connection with any use permitted in this district.
-
No prohibition from expanding agricultural enterprise as long as environmental regulations are met and agricultural practices are sound. Sound agricultural practices - refers to those practices necessary for the on-farm production, preparation, and marketing of agricultural commodities.
-
Kennel. (Amended 5/21/2012 PC12-04)
General Provisions: 1. Kennel. a. On a minimum of three (3) acres provided the use, including any runs, pens, facilities, fencing and structures, shall be: i. Set back at least 200 feet from the nearest principal residence not occupied by the kennel operator; and, ii. Set back at least 50 feet from any other property line; and, iii. Fenced with a visual buffer to neighboring properties; (Amended 5/21/2012 PC12-04)
Specifications A – page 4 All amendments as of June 2012
Limitations: 1.
Construction of residential housing not permitted except by Special Use granted only for owners, family employed in the agricultural operation on the premises, or tenants involved in the agricultural operations on the premises.
2.
That any future residential subdivision of property within 300 ft. of an A-3 zoned property must address as part of the requested Primary Approval the following: (a) (b) (c) (d) (e)
Off site surface drainage impacts Subsurface tiling systems impacts Irrigation accommodations Security of A-3 zoned property from residential uses Subdivision plat notes and restrictive covenants on the property deeds holding harmless agricultural production in the A-3 zone when operating under normal practices
Agricultural use notice: To help reduce conflicts between farmers and non-farm neighbors, the property owner may post signs along country roads within an A-3C zone. The signs would identify the area as Farmland Preservation Zone and give notice that dust, noise, odors, and other inconveniences may occur due to normal farming activities. Size, design and location of these signs are to be approved by the staff of the Elkhart County Plan Commission.
Specifications A – page 5 All amendments as of June 2012
"A-4" CONFINED FEEDING PROTECTION DISTRICT (Amended 5/3/99 PC99-24) The purpose of the district is to permit intensive agricultural uses and to recognize certain needs of the agricultural community. The goals of an A-4 would be: -
Enhanced Right-to-Farm protection. Recognition by community. Promote agricultural economic development. Co-existence with residential neighbors.
General requirements for consideration of A-4 designation: -
Request for consideration to Plan Commission by landowner. Minimum of 40 contiguous acres or acreage contiguous to an existing A-4. That the proposed confined feeding operation must have IDEM's approval within IDEM's rules for confined feeding operations -regardless of number of animal units.
Permitted uses: -
Agricultural uses, including but not limited to crop farming, livestock and poultry farming, grazing lands, and the operation of any machinery, vehicles, and other uses customarily incidental to agricultural uses actually being pursued on the premises.
-
Buildings associates with agricultural uses actually being pursued on site.
-
Parking and storage of operable farm vehicles, farm machinery and other motor vehicles actually used on the premises in connection with any use permitted in this district.
-
Kennel. (Amended 5/21/2012 PC12-04)
General Provisions: 1. Kennel. a. On a minimum of three (3) acres provided the use, including any runs, pens, facilities, fencing and structures, shall be: i. Set back at least 200 feet from the nearest principal residence not occupied by the kennel operator; and, ii. Set back at least 50 feet from any other property line; and, iii. Fenced with a visual buffer to neighboring properties; (Amended 5/21/2012 PC12-04)
Specifications A – page 6 All amendments as of June 2012
Limitations: 1.
Construction of residential housing not permitted except by special use, granted only for owners, family employed in operation, or tenants involved in confined feeding operations on the premises.
2.
That confined feeding operations, including manure management techniques, are to be placed on the site in accordance with IDEM's rules for confined feeding operations.
3.
That in order for the County Commissioners to grant an A-4 zoning designation, all real estate owners adjacent to the proposed A-4 zoning at the time the application is filed with the Plan Commission must sign a statement of acknowledgement of the use of this property for confined feeding operations, and that as long as these operations are conducted in compliance with this A-4 district, any IDEM regulation and normal agricultural practices, they will hold harmless the owner of the A-4 real estates from claims due to dust, noise, odors, etc. emanating from the operation.
4.
That any future splits of property adjacent to the A-4 District, whether subdivision or metes and bounds, must include the wording of the above mentioned release of the deed as a perpetual deed restriction in order for the County to consider such splits as potential buildable tracts.
5.
That a confined feeding operation must maintain less than 1500 animal units as determined from the following chart: ANIMAL TYPE Calves (150-500 lb) Feeder Cattle (500-1200 lb) Beef Cows Young Dairy Stock (500-1000 lb) Dairy Cows Nursery Pigs (up to 50 lb) Grower/Feeder Pigs (50-100 lb) Finishing Hogs (100 lb - market wt.) Sows Boars Sheep Turkeys Layer Chickens Broiler Chickens Ducks Horses
ANIMAL UNIT(S) .5 .75 1 .75 1 .2 .3 .4 .5 .5 .5 .10 .01 .01 .01 1
Agricultural use notice: To help reduce conflicts between farmers and non-farm neighbors, the property owner may post signs along county roads within an A-4 zone. The signs would identify the area as Confined Feeding Protection District and give notice that dust, noise, odors, and other inconveniences may occur due to normal farming activities. Size, design and location of these signs are to be approved by the staff of the Elkhart County Plan Commission. Specifications A – page 7 All amendments as of June 2012
INTENSIVE LIVESTOCK OPERATION
"A-5" DISTRICT
(Amended 5/3/99 PC99-24) The purpose of the district is to address extremely large confined feeding operations and to recognize certain Health, Safety, and General Welfare needs of Elkhart County.
The goals of an A-5 District would be: -
Protect Health, Safety and General Welfare of residents of Elkhart County. Recognition by community. Promote agricultural economic development. Co-existence with residential neighbors.
General Requirements: 1.
That for an Intensive Livestock Operation (as defined in Req 2) to operate in Elkhart County, it must be located within real estate zoned "A-5".
2.
An Intensive Livestock Operation is: Any farm or farm operation engaged in raising, breeding, or feeding beef or dairy cattle, horses, swine, sheep, goats, poultry/fowl, turkeys/ducks, or other livestock in concentrations of 1500 or more animal units, including any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for pasture or feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. ANIMAL TYPE Calves (150-500 lb) Feeder Cattle (500-1200 lb) Beef Cows Young Dairy Stock (500-1000 lb) Dairy Cows Nursery Pigs (up to 50 lb) Grower/Feeder Pigs (50-100 lb) Finishing Hogs (100 lb - market wt.) Sows Boars Sheep Turkeys Layer Chickens Broiler Chickens Ducks Horses
ANIMAL UNIT(S) .5 .75 1 .75 1 .2 .3 .4 .5 .5 .5 .10 .01 .01 .01 1
Specifications A – page 8 All amendments as of June 2012
Permitted Uses: -
Agricultural uses, including but not limited to crop farming, livestock and poultry farming, grazing lands, and the operation of any machinery, vehicles, and other uses customarily incidental to agricultural uses actually being pursued on the premises.
-
Buildings associated with agricultural uses being pursued on site.
-
Parking and storage of operable farm vehicles, farm machinery and other motor vehicles actually used on the premises in connection with any use permitted in this district.
Limitations: 1.
Construction of residential housing not permitted except by special use, granted only for owners, family employed in operation, or tenants involved in the intensive livestock operations on the premises.
2.
That Intensive Livestock Operations, including manure containment management techniques, are to be placed on the site in accordance with IDEM's rules for confined feeding operations.
3.
That proposed uses and accessory uses will not be injurious to the public welfare in the surrounding neighborhood. Specifically impacts of odor, gases, manure, noise, truck traffic, and air pollution must be considered and mitigated to the extent required by the Commission.
4.
That compliance with all state laws, especially the Indiana Department of Environmental Management's Animal Waste Regulations with the Indiana Confined Feeding Control Law, is mandatory.
Agricultural use notice: To help reduce conflicts between farmers and non-farm neighbors, the property owner may post signs along county roads within an A-5C zone. The signs would identify the area as Intensive Livestock Operation District and give notice that dust, noise, odors, and other inconveniences may occur due to normal farming activities. Size, design and location of these signs are to be approved by the staff of the Elkhart County Plan Commission.
Specifications A – page 9 All amendments as of June 2012
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