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(A) Within a reasonable time following the applicant's satisfaction of all requirements for secondary approval stated under § 152.125, the Plan Commission shall either grant, with or without conditions, or deny secondary approval of the development plan. If secondary approval is denied, the Plan Commission shall, within five days thereafter, furnish the applicant with a written list of the reasons for denial.
(B) Notwithstanding the requirements of this chapter for submission to the Plan Commission, the Commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of a development plan although one or more approval(s) may not have been delivered to or received by the Commission. The Commission may grant secondary approval only when the applicant provides a written statement made under oath and approved by the Commission or the Commission staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall then have been delivered to or received by the Commission. If the applicant does not then deliver the approval(s) in a timely fashion, the Commission is empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the Commission the required approval(s), the Zoning Administrator shall then execute a recordable document, which shall be recorded by the applicant at his expense, rescinding the aforesaid recorded written statement.
(Ord. 466, § 2-13-7, passed 5-11-98)
(A) Prior to the issuance of an improvement location permit for any use in a zone wherein a development plan is required, the following matters shall be accomplished:
(1) The Commission shall have granted primary and secondary approval of the development plan in accordance with this subchapter and the Comprehensive Master Plan.
(2) The applicant shall have duly recorded in the office of the County Recorder the utility easements, rights-of-way, plats, deed restrictions, or any other legal instruments required, and in the form approved by the Commission.
(B) The requirement for approval of a development plan, prior to the issuance of improvement location permit, shall also specifically apply to any residential condominium development which is subject to the requirements of I.C. 32-1-6, the Indiana Horizontal Property Act, as the same may be amended from time to time, regardless of whether zoning district in which the subject real estate is located required approval of development plan for the intended use under this chapter. A condominium development shall be subject to all requirements set forth in § 152.125.
(Ord. 466, § 2-13-8, passed 5-11-98)
(A) General requirements. After the Commission has granted either primary or secondary approval of a development plan, any amendments thereto shall be submitted by the applicant to the Zoning Administrator by way of an amended application for the type of approval sought, on a form prescribed by the Commission. Any application shall also be accompanied by the pertinent submissions required under this chapter for the proposed amendments involved, together with the requisite filing fee if a public hearing is required hereunder to be held upon the amended application.
(B) Execution of amended application. Any application submitted for amendment of a development plan following the granting by the Commission of primary approval, but prior to the granting of secondary approval, need contain only the signature(s) of the original applicant(s), or the successor(s) in interest thereto. After secondary approval of a development plan has been granted, any applications for proposed amendments thereto shall contain the signatures of all owners of record, as shown in the Real Estate Master File maintained by the County Auditor at the time the application is filed, of the real estate included in that portion of the development plan for which secondary approval had previously been granted and for which amendment is being sought.
(C) Requirement for public hearing. If, in the opinion of the Zoning Administrator, the amendment to the development plan proposed in the application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, then the Zoning Administrator may either require the matter to be heard by the Commission at a public hearing, or defer the decision to the Plan Commission for a determination of a public hearing. In the event the determination is to be made by the Plan Commission, notice of the date and time of the meeting of the Commission at which the determination is to be made shall be given by the Zoning Administrator to the applicant. No other notice need be given, except as required by law. Any action by the Commission in determining whether a public hearing must be held before the Commission upon the amendments proposed by the applicant shall be a final decision, which may not be appealed to the Commission except by a dissenting Commission member as provided by rule.
(D) Commission action. Notwithstanding the foregoing provisions, nothing in this section shall preclude the Commission from requiring, as a condition for the granting of primary approval of an overall development plan, that subsequent public hearings be conducted before the Commission, as to any portions of the overall development plan or any later amendments, alterations or modifications proposed with regard thereto. The Commission may, however, waive any procedural or submission requirements otherwise provided under this chapter, which it may deem necessary when reviewing a change to an approved development plan.
(E) Conduct of subsequent public hearing. If the Commission requests, or is required under the provisions of this chapter, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then the hearing shall be conducted and notice furnished in accordance with the provisions of this chapter and the pertinent rules duly adopted by the Commissions.
(Ord. 466, § 2-13-9, passed 5-11-98)
The following minimum design standards shall apply to all site improvements on real estate for which a development plan is required. Individual zoning districts may also supplement the following standards with more detailed standards pertinent to individual districts.
(A) Environmental design.
(1) It is the intention of the Plan Commission to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.
(2) Existing trees and other natural features shall be preserved whenever possible. The location of these features must be considered when planning common open space, location of buildings, underground services, walks, paved areas, and finished grade levels. The Commission may inquire into the means whereby natural features will be protected during construction.
(B) Building separation. In reviewing the location of all structures within the development plan boundaries, the Commission shall determine that the structures are located so as to allow adequate light, air, ease of entry and access by emergency vehicles. For those districts without specified yard requirements, the Commission shall be guided by the following:
(1) That the open areas provided around the building be sufficient to provide occupants of the structure with adequate light and air from all outside walls which contain windows or doors.
(2) That sufficient space is provided for access and entry to buildings from all streets, parking lots and other buildings.
(3) That in the event lots for one-family or two-family dwellings are to be sold prior to construction and the applicant cannot indicate structures on the development plan, those structures shall be subject to the yard provisions of the zoning and subdivision ordinances for the R-1, R-2, and R-3 districts or other Commission-approved minimums, unless specifically waived.
(C) Vehicular circulation facilities. All present and future dedicated right-of-way widths and street improvements shall meet the requirements of the subdivision control ordinance as now or hereafter amended.
(D) Pedestrian circulation facilities. Pedestrian walkways shall be constructed in a location and to specifications approved by the Commission. These walkways shall provide for pedestrian circulation throughout the development and shall be separated from vehicular traffic. Where distance separation cannot be achieved, physical separation may be required in cases which the Commission deems it necessary.
(E) Sanitary sewage disposal and water supply systems. All water supply and sanitary sewage disposal systems, whether private or public in nature, shall be subject to compliance with local, and where appropriate, state agency requirements. Plans must be submitted to and approved by the appropriate agencies.
(F) Storm drainage.
(1) Adequate surface and subsurface drainage ways for the removal of storm water shall be provided by the developer. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the developer by a registered professional engineer and/or registered land surveyor. The computations shall show that the peak runoff rate after development for the 100-year return period storm of 24-hour duration shall not exceed the 10-year return period pre-development peak runoff rate. Times of concentration, soil infiltration rates, and other variable actors to be used in the analysis shall be discussed with and approved by the County Surveyor during the preliminary consideration of the subdivision. The engineer (or his agent) preparing the analysis shall provide the County Surveyor with a copy of the computations used in the completion of the analysis.
(2) A storm water sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the developer in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.
(3) Any person proposing to locate a structure or a use within 100 feet of any stream or main drainage channel in any zoning district shall include with the application for an improvement location permit and/or a certificate of occupancy, a statement from the Indiana Department of Environmental Management, based on a study of the watershed area and the probable runoff, that the structure or use in the proposed location will leave adequate space for the flow of flood water, provided, however, that no building shall be permitted within 75 feet of the top of the bank of any stream or main drainage channel unless permitted by the County Drainage Board.
(4) The developer shall furnish the Commission a complete set of plans and profiles as approved by the various authorities.
(5) All plans and workmanship shall be in compliance with the Indiana Drainage Code, I.C. 36-9-27 and all acts supplemental and amendatory to it.
(G) Recreation space requirements.
(1) Recreational space requirements and the criteria for approval in the development plan and/or platting of applicable subdivisions are contained in § 152.110. The following standards are to be utilized in the evaluation of all required recreation space in a Commission-approved development plan:
(a) Commission-approved recreation space shall be provided in all residential zones as defined in § 152.121. The purpose of providing this space shall be to meet the immediate and future recreational needs of the development's residents in a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separated sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. This requirement may be waived when, in the opinion of the Commission, the applicant has satisfactorily demonstrated that he has provided alternative methods for meeting the recreational needs of his development's residents.
(b) All developments with recreation space must contain acceptable covenants which, in the opinion of the Commission, insure adequate maintenance of those recreation spaces.
(2) Physical improvements. The term recreation space shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas and driveways for dwellings.
(3) Use of recreation space. Space intended for limited recreational or other uses, such as a golf course, to which all residents of the development may not be permitted free access because of the payment of a fee or a charge, shall have a maximum of three-fourths of the space utilized in meeting the recreation space requirements of the total development.
(H) Paving. All access drives and off-street parking facilities shall either be paved with concrete or with other approved surfacing material to adequately provide a durable and dust-free surface.
(I) Parking standards.
(1) Parking areas may be required to be arranged so as to prevent through traffic to other parking areas.
(2) Parking areas shall be screened from adjacent non-related structures, roads and traffic arteries with plantings, earth berms, walls or changes in grade, when deemed necessary by the Commission.
(3) All parking areas shall be marked so as to provide for orderly and safe parking, storage and movement.
(4) When it is in the interest of safety and better vehicle and pedestrian circulation, the Plan Commission may require the use of landscape elements to provide physical separation of use areas.
(5) All parking areas shall be adequately lighted. All lighting shall be so arranged as to direct the light away from adjoining real estate.
(6) All parking areas and off-street loading areas shall be graded and drained to remove all surface water without erosion and flooding.
(J) Street lighting. Street lighting shall be provided in all residential developments. Alternative street lighting proposals will be considered by the Commission if found to be appropriate in scale and intensity. Where pedestrian facilities are separated from streets to the extent that they are not adequately lighted from the street light facilities, separate lighting facilities shall be provided on pedestrian facilities.
(Ord. 466, § 2-13-10, passed 5-11-98) Penalty, see § 152.999
(A) Prior to issuance of an improvement location permit in an R-3 Mobile Home Park zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which improvements are to be located. The submissions and procedures required to obtain development plan approval are set forth §§ 152.120 through 152.129. (Ord. 466, § 2-14-1, passed 5-11-98)
(B) In determining the action to be taken on a proposed R-3 development plan, the Commission shall be guided by the design standards set forth in § 152.129 and supplemented as follows:
(1) The wheels shall be removed from each mobile home occupying a lot in the park.
(2) Each mobile home shall be supported under all exterior walls by a permanent foundation completely enclosing the undercarriage.
(3) Each mobile home occupying a lot on the subdivision shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for and attached to appropriate external systems.
(4) The developer shall provide a substantial and attractive fence of at least six feet in height or a dense evergreen screen planting of at least six feet in height after one full growing season, when adjoining property is zoned or used for residential purposes. When the park is adjacent to an arterial thoroughfare, the park yard fronting on the thoroughfare shall be landscaped and maintained.
(5) Provision must be made, in every mobile home park, for a road in front of every lot. The road surface shall be of the all-weather type with a traffic surface of not less than 20 feet in width, properly crowned and graded. When off-street parking is not utilized, a parking surface of eight feet in width shall be provided along each side of the traffic surface. When these roads come in contact with any public roads or highway, reinforced concrete sewer pipe with cemented joints or continuous iron or steel pipe shall be installed to provide drainage. The cost of the pipe shall be defrayed by the owner or operator of the park, and the installation shall be approved by the Street Department Superintendent and the County Surveyor. All roads within the park must be accessible for traffic at all times and shall be maintained in first class condition. Roads in any mobile home park shall not be accepted into the city street system and the operator shall provide for their maintenance.
(6) All R-3 Mobile Home Park zones shall have open space, unless waived by the Commission, at a rate of 200 square feet per mobile home lot. The Commission may require recreational space the same as set out in § 152.110.
(7) In addition to the parking regulations in § 152.090(B), the mobile home park developer shall provide two parking areas per each lot.
(8) Sidewalks of 36-inch minimum width shall be provided by the developer; the sidewalks shall serve each lot and mobile home.
(9) Street lighting shall be provided by the developer. The light value on all occupied streets shall be a minimum of 0.1 foot candle.
(10) Water supply shall be from a municipal water service or from approved and protected driven wells that meet all test requirements, provided with tight, elevated concrete platforms, and which will not be subject to overflow or surface drainage. The source and supply of the water for human consumption must meet all the requirements of the County and State Boards of Health. The use of open wells, springs, cisterns, or open storage tanks for human consumption is unlawful and shall constitute a violation of the terms of this chapter.
(11) (a) Mobile home parks must be kept in clean and sanitary condition and provided with suitable covered metal receptacles for garbage, waste, litter and trash. Receptacles must be emptied once a week, and the contents of same must be disposed of immediately by other approved means of regular collection by a garbage disposal service.
(b) Liquid wastes from mobile homes shall be collected by a sewage system which has a trapped outlet available to each lot or unit plot and which shall discharge into an approved sewage disposal system. The use of buckets as a depository for waste is unlawful.
(12) Primary treatment of all sewage shall be through a sewage disposal process which meets all city and state health requirements. If septic tanks are used, a percolation test will be required meeting the specifications of the County and State Sanitation Codes. If a sewage disposal plant or lagoon is used, the system must be approved by the Sewage Department Superintendent and the County and State Boards of Health. Every mobile home park shall provide one or more service buildings based upon the requirements set forth in the Indiana General Assembly Acts of 1955, Chapter 321, Sections 16 to 21 and amendments thereto. Supervision and maintenance of the mobile home park shall comply with the Indiana General Assembly Acts of 1955, Chapter 321, Section 11 and amendments thereto.
(13) All mobile homes occupying any lot in the city must be kept in such operating condition that they may be removed or placed in transit within 24 hours upon legal service of the sheriff or other law enforcement officer.
(Ord. 466, § 2-14-2, passed 5-11-98)
(C) Every owner, agent, lessee, person, firm, or corporation that operates or manages any area, tract, subdivision, or any part thereof for the use as a mobile home park shall file with the Commission, at the time of opening the park for occupancy, a Mobile Home Park Registration. The form shall be furnished by the Commission. Before renting or leasing any unit plot, the owner or operator, or agent of the owner or operator, shall submit one original Mobile Home Park Registration form to the Commission and a copy of the form to each of the following:
(1) The mobile home park operator.
(2) The State Board of Health.
(3) The school superintendent of the school district in which the park is located.
(4) The Chief of Police.
(5) The County Board of Health.
(Ord. 466, § 2-14-3, passed 5-11-98) Penalty, see § 152.999
(A) Planned Residential zone.
(1) Prior to issuance of an improvement location permit in an R-2P zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located. The submissions and procedures required to obtain development plan approval are set forth in §§ 152.120 through 152.129.
(2) In determining the action to be taken on a proposed Planned Residential zone development plan, the Commission shall be guided by the design standards set forth in § 152.129 and supplemented as follows:
(a) The maximum permitted density per acre for the R-2P Planned Residential zone is eight dwelling units per gross acre.
(b) All regulations will be equal to those in the corresponding R-2 zone unless specifically waived by the Commission at the time of development plan approval. In the event the Commission waives any regulations, it must find that the general intent, spirit and purpose of the zone are met.
(c) All R-2P Planned Residential zones shall have open space, as determined by the Commission.
(Ord. 466, § 2-15-1, passed 5-11-98)
(B) Planned Commercial zone.
(1) (a) Prior to issuance of an improvement location permit in a Planned Commercial
district, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located.
(b) During its review process the Commission will consider the following items:
1. Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.
2. The applicant shall submit a set of sign standards to be reviewed by the Commission. The standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.
(2) In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 152.129 and supplemented as follows:
(a) All regulations shall be equal to those in the regular C zones unless specifically waived by the Commission at the time of development plan approval; and in the event the Commission waives any regulations, they must find that the general intent, spirit and purpose of the zone are met.
(b) The Commission shall require 10% of the net site area to be landscaped; landscaping elements include but are not limited to planting beds, islands, embankments and other aesthetic areas.
(Ord. 466, § 2-15-2, passed 5-11-98)
(C) Planned Industrial zone.
(1) (a) Prior to issuance of an improvement location permit in a Planned Industrial district, the Commission shall grant primary and secondary development plan approval for the total site.
(b) The Commission during its review process will consider the following items:
1. Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.
2. The applicant shall submit a set of sign standards to be reviewed by the Commission. These standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.
(2) In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 152.129, and, in addition, all regulations shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval; in the event the Commission waives any requirements, they must find that the general intent, spirit and purpose of the zone are met.
(Ord. 466, § 2-15-3, passed 5-11-98) Penalty, see § 152.999
INTENSIVE LIVESTOCK OPERATIONS
(A) Every person, firm, or corporation shall obtain an intensive livestock permit before operating an intensive livestock operation.
(B) The provisions of this chapter apply to both the operation owner and the livestock owner, if different; provided however, that only one permit shall be required for each location which may be in the name of the operation owner or the livestock owner.
(Ord. 466, § 2-16.5-1, passed 5-11-98) Penalty, see § 152.999
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