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(A) Purpose. The purpose of this chapter is to provide specific criteria for certain uses that utilize significant land and impact in a significant way public infrastructure.
(B) Designation of areas within zoning districts requiring development plans. Any of the following proposed uses may require the submission of a development plan prior to the issuance of any building permit and/or prior to the consideration of any request by a property owner for the amendment of the zoning maps of the county. Said districts are as follows:
(1) All special uses in A1;
(2) All special uses in C1;
(3) Multiple building sites in R1;
(4) Multiple building sites in R2;
(11) M3; and
(C) Procedure. The Plan Commission shall establish a Technical Review Committee, consisting of the following members: the Director of the Plan Commission, the County Engineer, the County Surveyor and the Director of the County Health Department. Upon submission of an application for a building permit and/or request by a property owner to amend the zoning maps (i.e., rezoning request), said Technical Review Committee shall first determine whether the submission of a development plan shall be required. When a plan is required, the technical review committee shall review said plan and submit its recommendations to the Plan Commission. The County Drainage Board must also approve the plan before the Plan Commission can take any action to approve or deny any commercial plans. Following the submission of said recommendation by the technical review committee, the Plan Commission shall take action regarding approval or denial of said development plan in conjunction with the issuance of a building permit or acting upon a rezoning request.
(D) Standard of review. Where applicable, the Plan Commission shall review the development plan in the same manner as preliminary plans for planned unit developments are reviewed, to determine whether it is consistent with the comprehensive plan. The Plan Commission may impose conditions on the approval of the development plan, if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance. The Plan Commission may also provide that the approval of the development plan is conditioned on furnishing the Plan Commission a bond or written assurance that guarantees the timely completion of any proposed public improvements of the proposed development in a manner which is satisfactory with the Plan Commission. The Plan Commission may also require the owner of the real property to make a written commitment under I.C. 36-7-4-613.
(E) Development standards. The development standards which a development plan shall be required to address are as follows.
(1) Proof of the availability and coordination of adequate water, sanitary sewers, storm sewers, water, drainage and other necessary utilities.
(2) The management of traffic to be generated by the proposed development that includes the design and location of proposed streets and highway access points. The plan must be specific in regards to the management of traffic and must address the design location of the proposed street and highway access points noting features to minimize safety hazards and congestion and confirming under appropriate accepted standards that the capacity of adjacent streets and highways will be sufficient to safely and efficiently accept traffic generated by the proposed development.
(3) The plan should also identify existing proposed primary structures and accessory structures, the location of all proposed signage, and the location design of all landscaping.
(4) The management of erosion and sediment control in compliance with all applicable governmental rules and regulations, and also in a manner that minimizes damage to adjacent property, drainage channels, roads and other sensitive areas.
(5) Storm water management plan showing compliance with all applicable local, state and federal standards, and other necessary specifications to protect adjacent down-stream areas from damage due to additional water run-off, drainage or flooding.
(6) Proof that any outdoor illumination will not create a nuisance or interfere with the use and/or quiet enjoyment of surrounding properties, based upon generally accepted engineering and design guidelines.
(7) Where necessary, the owner may be required to execute a use and development commitment as provided under I.C. 36-7-4-613 to assure that the subject property will be compatible with surrounding land uses and will not have an adverse effect on such surrounding land uses.
(F) Findings concerning decisions of Plan Commissions. The Plan Commission shall make written findings concerning each decision to approve or disapprove a development plan. The findings shall be signed by the president of the Plan Commission. A decision of the Plan Commission approving or disapproving a development plan is a final decision of the Plan Commission that may be reviewed pursuant to I.C. 36-7-4-1016. Notices of any public hearing for consideration by the Plan Commission for a development plan shall be done in the same manner as that which is required for public hearings for preliminary plat approval of a proposed subdivision. A privacy fence may not be erected in any location or in any way as to obstruct the safe sight lines of a person operating a vehicle upon a public roadway. Regardless of road sight lines, privacy fences may not be erected in a residential zone any closer to a public roadway than 25 feet or the front of the residence, whichever is farther from the roadway.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008)