July 23, 2014 at 2:10 p.m.
Zoning change may broaden setbacks (09/21/07)
Jay County Planning Commission
By By TRAVIS MINNEAR-
Pending approval from Jay County Commissioners, most newly built livestock operations - regardless of size - will have to play by the same setback rules.
The Jay County Planning Commission voted Thursday to recommend expansion of an ordinance that implements distance requirements on setback regulations for new confined feeding operations being built. The step adds information mandating newly built facilities with fewer animals than previously outlined have to meet current standards.
Setback rules refer to a combination of location and distance for confined feeding operations.
The ordinance, amended in May, states all parts of new facilities must be at least 750 feet from the nearest residence not owned by the confined feeding operator. Larger requirements exist for facilities located in areas with churches, schools, businesses, and commercially and residentially zoned areas. Mandatory length increases for setbacks also are in place for facilities with waste lagoons and other open-air waste handling areas.
Commission members added a definition to specific sections of the ordinance to more clearly determine what operations fall under setback regulations.
One term, "confined feeding facility," was already included in the ordinance. The definition contains minimum numerical standards for animals to determine if distance requirements must be met.
For example, it calls for setbacks to be met if an operation has at least 300 cattle or 600 swine. Regulations also exist for other types of livestock.
The definition for "confined feeding" was added to sections of the ordinance. It does not contain requirements for the number of animals located at a facility. According to the planning commission's definition, facilities with animals held in lots, pens, ponds, sheds and buildings that have food supplied "by means other than grazing" must meet setback requirements.
Board member and Jay County Commissioner Gary Theurer said the wording will help make sure all operations abide by the same rules.
"If (the requirement for setbacks is) 300 (animals), they apply for 299 to get away from our setbacks," Theurer said.
Theurer said owners of smaller facilities should contact the Jay County Board of Zoning Appeals if they believe they deserve an exception to setback rules.
Members of the commission also made another change to the ordinance on Thursday. When public notices for new confined feeding operations are required by the Indiana Department of Environmental Management to be published, the planning commission will not require another one to be printed. Previously, operators were required by IDEM and the Jay Planning Department to publish notices, the commission said. If operations do not qualify for a notice under IDEM, then the facility's owner must provide the public notice. In any case, operators will be required to file one public notice.
"There's no need to charge for something that's already there," commission member Jim Zimmerman said.
There was a zoning and map change scheduled for commission review also, but the applicant withdrew his submission.
Toby Schwartzentruber was going to build a house on his property in Bryant for family members to live.
Bill Milligan, director of planning, said the original paperwork filed by Schwartzentruber was for a boarding house to be built near his home.
After finding out the building would be used to house family, Milligan said he spoke with the man and determined it was not necessary to make a map change.
The planning commission was supposed to make a decision last week on the need for rezoning and map changes to the property, but did not have enough members to form a quorum.
By law, there must be at least five members at commission meetings for official decisions to be made. Four of the board's eight current members attended the meeting on Sept. 13. Zimmerman, Theurer, Steve Rictchie and Eric Pursifull made the trip. Shane Houck, Scott Hilfiker, Brad Daniels and John Knipp were absent.
Turnout for this week's meeting was higher. Only Houck was not in attendance.
The board normally has nine members, but there is a vacancy with former member Don Loy's resigning earlier this year.
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The Jay County Planning Commission voted Thursday to recommend expansion of an ordinance that implements distance requirements on setback regulations for new confined feeding operations being built. The step adds information mandating newly built facilities with fewer animals than previously outlined have to meet current standards.
Setback rules refer to a combination of location and distance for confined feeding operations.
The ordinance, amended in May, states all parts of new facilities must be at least 750 feet from the nearest residence not owned by the confined feeding operator. Larger requirements exist for facilities located in areas with churches, schools, businesses, and commercially and residentially zoned areas. Mandatory length increases for setbacks also are in place for facilities with waste lagoons and other open-air waste handling areas.
Commission members added a definition to specific sections of the ordinance to more clearly determine what operations fall under setback regulations.
One term, "confined feeding facility," was already included in the ordinance. The definition contains minimum numerical standards for animals to determine if distance requirements must be met.
For example, it calls for setbacks to be met if an operation has at least 300 cattle or 600 swine. Regulations also exist for other types of livestock.
The definition for "confined feeding" was added to sections of the ordinance. It does not contain requirements for the number of animals located at a facility. According to the planning commission's definition, facilities with animals held in lots, pens, ponds, sheds and buildings that have food supplied "by means other than grazing" must meet setback requirements.
Board member and Jay County Commissioner Gary Theurer said the wording will help make sure all operations abide by the same rules.
"If (the requirement for setbacks is) 300 (animals), they apply for 299 to get away from our setbacks," Theurer said.
Theurer said owners of smaller facilities should contact the Jay County Board of Zoning Appeals if they believe they deserve an exception to setback rules.
Members of the commission also made another change to the ordinance on Thursday. When public notices for new confined feeding operations are required by the Indiana Department of Environmental Management to be published, the planning commission will not require another one to be printed. Previously, operators were required by IDEM and the Jay Planning Department to publish notices, the commission said. If operations do not qualify for a notice under IDEM, then the facility's owner must provide the public notice. In any case, operators will be required to file one public notice.
"There's no need to charge for something that's already there," commission member Jim Zimmerman said.
There was a zoning and map change scheduled for commission review also, but the applicant withdrew his submission.
Toby Schwartzentruber was going to build a house on his property in Bryant for family members to live.
Bill Milligan, director of planning, said the original paperwork filed by Schwartzentruber was for a boarding house to be built near his home.
After finding out the building would be used to house family, Milligan said he spoke with the man and determined it was not necessary to make a map change.
The planning commission was supposed to make a decision last week on the need for rezoning and map changes to the property, but did not have enough members to form a quorum.
By law, there must be at least five members at commission meetings for official decisions to be made. Four of the board's eight current members attended the meeting on Sept. 13. Zimmerman, Theurer, Steve Rictchie and Eric Pursifull made the trip. Shane Houck, Scott Hilfiker, Brad Daniels and John Knipp were absent.
Turnout for this week's meeting was higher. Only Houck was not in attendance.
The board normally has nine members, but there is a vacancy with former member Don Loy's resigning earlier this year.
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