(A) Pursuant to I.C. 36-7-4-601(d)(3), no improvement location permit shall be issued for any commercial or industrial structure or use in the B-1, Convenience Business District, B-4, General Business District, I-1, Light Industrial District, I-2, General Industrial District, or RP, Riverfront Protection Overlay District, until a Development Plan has been submitted, reviewed, and approved by the Plan Commission in accordance with the following provisions.
(B) In the B-1, B-4, 1-1, and 1-2 Districts, this section does not apply to construction of any accessory structures, or construction of any additions to a principal structure which does not require additional parking according hereto.
(1) The application for approval of a proposed Development Plan shall be submitted to the Zoning Administrator, and shall be accompanied by a fee as specified by the Fee Schedule to cover the cost of review. The application shall consist of not less than two prints of each drawing submitted as part of the proposed Development Plan and any supporting documentation. The proposed Development Plan shall be drawn in accordance with standard architectural and engineering practices to clearly indicate the following:
(a) Property lines and total acreage of parcel proposed for development;
(b) All existing streets, rights-of-way, and easements related to the development;
(c) Location of existing structures, relevant natural features, and other improvements to the property which may affect the development of the site;
(d) Required front, side, and rear yard lines;
(e) Contour lines at two-foot intervals where average slope exceeds 10%;
(f) Tree masses and all individual trees having a diameter of four inches or greater;
(g) Location of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, and other site improvements or amenities;
(h) Contours and sufficient elevations to show proposed gradings, and data to show gradient of access drives and parking facilities;
(i) Location and approximate size of utilities to serve the development;
(j) Existing zoning classification of the property;
(k) North arrow and scale; and
(1) A Drainage Plan shall be submitted according to the specifications herein providing for drainage away from structures and shall be coordinated with the general storm drainage pattern for the area. The drainage shall be designed to eliminate standing water and to prevent drainage to adjacent property or right-of-way.
(2) Upon submission of a Development Plan which meets the above criteria, the Zoning Administrator shall docket the Development Plan for Plan Commission review and approval. A public hearing is not required before the Plan Commission. However, if a variance or a special exception is necessary from the Board of Zoning Appeals for a proposal, said Board approval must be received prior to submission to the Plan Commission.
(3) Following its review, the Plan Commission may grant preliminary approval to the proposal, and such approval will authorize the applicant to proceed with the preparation of a final Development Plan.
(D) The Plan Commission shall not grant preliminary approval unless all screening, landscaping, parking, loading, outdoor storage, and all other general development standards of this chapter and the Comprehensive Plan are met. Additionally, the Plan Commission shall ensure that all utilities and drainage are properly planned for and designed. The Plan Commission may request that other interested agencies review the Plan prior to its approval.
(E) Final approval may be granted to a Development Plan by the Zoning Administrator after preliminary approval has been granted, and when any conditions which may have been attached to preliminary approval, have been met. The issuance of a certificate of occupancy shall be subject to verification by the Zoning Administrator that all requirements of approval have been carried out satisfactorily. Any development contrary to the approved Plan shall constitute a violation of this chapter.
(F) Within ten days of public hearing, the Plan Commission certifies, according to I.C. 36-7-4-608 this section, a favorable, unfavorable, or no recommendation to the Board of County Commissioners. Along with the recommendation, the Plan Commission may impose reasonable conditions. Conditions may be in the form of written commitments as allowed in I.C. 36-7-4-1015(g) and this section.
(G) Commitments shall be recorded in the office of the County Recorder and take effect upon the granting of the exception, use, or variance. Unless modified or terminated in accordance with I.C. 36-7-4-1015, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. A commitment may be modified or terminated only in accordance with the I.C. 36-7-4-1015 and the Plan Commission’s by-laws and rules of procedures.
(H) Pursuant to I.C. 36-7-4-1015, the Plan Commission may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel as a condition of approval.
(1) The Plan Commission may adopt rules:
(a) Governing the creation, form, recording, modification, enforcement, and termination of commitments; and
(b) Designating which specially affected persons, and classes of specially affected persons, are entitled to enforce commitments.
(2) Within ten day business days after the Plan Commission’s determination, the Plan Commission shall certify the amendment to the Board of County Commissioners with a favorable recommendation, unfavorable recommendation, or no recommendation. Written commitments may be permitted or required for a zone map amendment or Planned Unit Development District Ordinance, as specified in I.C. 36-7-4-1015 and this section.
(3) (a) Commitments shall be recorded in the office of the County Recorder and take effect upon granting of the approval. Unless modified or terminated in accordance with the I.C. 36-7-4- 1015 and the Plan Commission’s by-laws, rules, and procedures, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
(b) A commitment is binding on the owner of the parcel even is it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner, or other person acquiring an interest in the parcel, only if that subsequent owner, or other person, has actual notice of the commitment.
(c) A commitment may be modified or terminated only by a decision of the Plan Commission made at a public hearing after notice, as provided by rule.
(4) By permitting or requiring a written commitment, the Plan Commission does not obligate itself to make a favorable or unfavorable recommendation.
(5) A new commitment may be made or a commitment may be modified or terminated only in accordance with the I.C. 36-7-4-1015 and the Plan Commission’s by-laws and rules of procedures.
(6) A commitment must be in substantially the form set forth in the Plan Commission by-laws and rules of procedure.
(7) The owner of the property shall be required to notify the office of the Plan Commission of his, her, or their timely compliance with such commitments by filing an affidavit to such effect. This affidavit must be submitted before any development or construction begins.
(8) Written commitments shall be enforced in accordance with I.C. 36-7-4-1015 and with this section.
(I) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(Prior Code, § 153.100) (Ord. 93-02, passed 2-1-1993, Ord. 2015-02, passed 1-19-2015) Penalty, see § 155.999
Editor’s note:
I.C. 36-7-4-613 repealed by Pub. Law No. 126, § 68, approved 5-9-2011.