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Excerpt from Elkhart County's zoning ordinance

Excerpt from Elkhart County's zoning ordinance

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Published by angelle123
Excerpt from Elkhart County's zoning ordinance regarding agricultural land.
Excerpt from Elkhart County's zoning ordinance regarding agricultural land.

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Published by: angelle123 on Mar 20, 2014
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07/28/2014

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Specifications A
 page 1
 All amendments as of June 2012
SPECIFICATIONS A - AGRICULTURAL DISTRICTS AND USES.
 
A. PERMITTED USES IN AGRICULTURAL DISTRICTS. 1. "A1C" Agricultural District. a. Agricultural Uses where the tract of land contains more than three (3) acres. b. Residential Dwellings as specified in Specifications B - Residential Uses. c. (deleted 11/7/94 PC 94-30) d. Special Uses as specified in Specifications F. e. Off-Street parking facilities as required in Specifications G. f. Signs as regulated in Specifications H. g. Mobile Homes as provided in Specifications J. h. Kennel. (Amended 5/21/2012 PC12-04) 2. "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) No residential structure or permanent commercial and industrial structures shall be established and used. d. 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 2
 All amendments as of June 2012
(2) "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. e. FUTURE CHANGES. (1) As land within the Conservation District becomes sufficiently protected from the possibility of flooding, the rezoning of that land may be considered. B. 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. 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. 4. VISION CLEARANCE AT ROAD AND STREET INTERSECTIONS. a. Ten (10) feet from the intersection of property lines. 5. VEHICLE PARKING SPACE. a. One (1) space on the lot for each family housed on the lot.
 
Specifications A
 page 3
 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)

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