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The following table summarizes the decisions relative to nonconformities and the role of each of the administrative, quasi-judicial, quasi-legislative, and legislative reviewing parties:
Key:
A = Administrative Decision
QJ = Quasi-Judicial Decision
QL = Quasi-Legislative Decision
LS = Legislative Decision
X = Responsible for Determination
Determinations of: | Planning Director | Plan Commission | Board of Zoning Appeals (BZA) |
Determinations of: | Planning Director | Plan Commission | Board of Zoning Appeals (BZA) |
Enlargement or Substitution | |||
Application Submitted To: | X | ||
Decision By: | X | ||
Appeal To: | |||
Repair, Alteration or Replacement | |||
Application Submitted To: | X | ||
Decision By: | X | ||
Appeal To: | QJ | ||
Discontinuance | |||
Application Submitted To: | X | ||
Decision By: | X | ||
Appeal To: | QJ | ||
(Ord. 20-29, § 2, 9-21-20)
Sec. 10-05-09 through Sec. 10-05-25 Reserved for Future Use.
In determining whether an application for approval shall be granted, the Plan Commission shall review plats to determine whether the plat is in accordance with the Comprehensive Development Plan and conforms to the standards and requirements in this Division. Whenever the applicable requirements of this Ordinance or the requirements of any other applicable governmental unit or agency are higher or more restrictive, the higher or more restrictive requirements shall control.
Nothing in this Ordinance shall be construed as a rule or regulation that would prevent or restrain the complete use of any material resources by the owner. Due consideration shall be given to the preservation of natural features, including large trees, forests, waterways, scenic and historic points of interest and other community assets.
Land subject to flooding or otherwise uninhabitable shall not be platted for any use or in any manner that has the tendency to increase likelihood of danger or harm to the public health, safety or welfare.
A. General Guidelines and Design Principles. The quality of design of the built environment of the City is dependent on the quality of design of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the City. Therefore, the design of each subdivision shall be prepared in accordance with the principles established by the Comprehensive Development Plan for land use, circulation, community facilities and public utility services and in accordance with the following general principles:
1. It is intended that the City shall be designed as a group of integrated residential neighborhoods and appropriate commercial and industrial and public facilities. The neighborhood, as a planning unit, is intended as an area principally for residential use. Space for religious, recreational and educational facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood.
2. The size of lots and blocks and other areas for residential, commercial, industrial and public uses should be designed to provide adequate light, air, open space, landscaping and off-street parking and loading facilities.
3. The arrangement of lots and blocks and the street system should be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of sidewalks and roadways and the lot layout should be designed to take advantage of visual qualities of the area.
4. Circulation within and connections to the City’s existing street network shall be provided in accordance with the following design criteria:
a. Each subdivision should provide for the continuation of all arterial streets and highways as shown on the Comprehensive Thoroughfare Plan Map.
b. Arterial streets should be located on the perimeter of a residential neighborhood.
c. Minor streets should be designed to provide access to each parcel of land within a subdivision or development, to adjoining undeveloped tracts, and in a manner that will encourage connectivity with the existing street network but discourage heavy use by through traffic. They should be planned so that future expansion will not require the conversion of minor streets to arterial routes.
d. Collector streets should be designed to provide a direct route from other minor streets to the major street system. Each subdivision shall provide for the continuation of collector streets as shown on the Comprehensive Thoroughfare Plan Map.
e. Ingress and egress to residential properties should be provided only to minor and collector streets.
f. Pedestrian ways should be separated from roadways used by vehicular traffic and to provide anticipated pedestrian traffic within all residential building sites with access to neighborhood facilities, such as schools, parks and playgrounds, churches and shopping centers. An internal trail system shall be provided to connect common areas to the public sidewalks within the subdivision as well as to connect to perimeter sidewalk and trail systems.
5. Minimum standards for development are contained herein, elsewhere in this Ordinance, and in the applicable building code; provided, however, the Comprehensive Development Plan expresses policies designed to achieve an optimum quality of development in the City. If only the minimum standards are followed, a standardization of development will occur, which will produce a monotonous built environment. Subdivision design should be of a quality to carry out the purpose and spirit of the policies expressed in the Comprehensive Development Plan and in this Ordinance rather than be limited to the minimum standards required herein.
(Ord. 20-29, § 2, 9-21-20)
A. The lengths, widths, and shapes of blocks shall be determined with due regard for the following:
1. To ensure a well-connected street network that considers future development;
2. To avoid super blocks with limited connectivity and that discourage pedestrian activity, contribute to street congestion, and increase driving distance that can negatively impact emergency services;
3. To provide safe and convenient vehicular and pedestrian access within developments and between adjacent developments and to lessen traffic congestion; and
4. To promote safe, direct and convenient pedestrian, bike and vehicular access.
B. Blocks used for residential use shall not be longer than six hundred feet (600') as measured along the centerline of the block. The Plan Commission may require a dedicated common area easement in length of not less than across any portion of the block.
C. Blocks used for residential purposes should be of sufficient width to allow for two tiers of lots of appropriate depth.
D. Blocks intended for business and industrial use should be of a width suitable for the intended use, with due allowance for off-street parking and loading facilities.
(Ord. 20-29, § 2, 9-21-20)
Subdivision lots shall be adequate for the type of development and land use proposed and shall be in conformity with applicable provisions of this Ordinance.
A. A developer may request, at the time of submittal of a preliminary plat, use of the “20/20” option. This option allows twenty percent (20%) reduction of the lot area and lot width requirements for a maximum of twenty percent (20%) of the total number of lots. Such reduced lots must be so noted on the primary plat plans. The “20/20” option shall be available only to subdivisions located in the RM Medium Lot residential zone.
B. The lot size, width, depth and shape, grade, location and orientation, shall be in proper relation to street and block design and to existing and proper topographical conditions.
C. Where a primary structure spans multiple lot lines, for the purposes of development standard application, the outermost lot lines shall be considered for the assessment of front, side, and rear yard measurement.
D. Every lot or parcel shall have sufficient frontage and access to a public street designated, designed and improved in accordance with the terms of this Ordinance; provided, however, the Plan Commission may modify this requirement to include a private street. Frontage for lots facing a cul-de-sac turnaround shall be as approved by the Plan Commission.
E. Flag lots are expressly prohibited.
F. As a general principle:
1. Side lot lines shall be approximately at right angles or radial to street lines.
2. Corner lots shall be of sufficient size to permit required building setback and orientation to both streets.
3. Excessive lot depth in relation to width, or more than a proportion of 3.5 to 1, shall be avoided.
4. Lot driveways shall be so located, designed, and constructed as to provide a reasonable sight distance at intersections of a car behind the right-of-way line.
5. Where difficult problems of driveway curvature and excessive grades are likely to be present, the developer shall submit for Plan Commission approval the details of driveway location and grade before lot lines and building sites are finally determined.
(Ord. 20-29, § 2, 9-21-20)
A. Where alleys are not provided, easements not less than fifteen feet (15') in total width (minimum 7 ½ feet each side) shall be provided along each rear lot line, and alongside lot lines where necessary, for use by public and private utilities where it is deemed necessary. Larger easements may be required for storm or sanitary sewer lines.
B. A minimum ten (10)-foot common area strip along the right-of-way at the entrance of each subdivision shall be provided to accommodate appropriate buffers and easements.
(Ord. 20-29, § 2, 9-21-20)
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