A. PURPOSE.
The purpose of the development plan review procedure set forth in this Section is to regulate the development of structures and sites in a manner which considers the following concerns and, where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:
1. The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (such as noise, smoke, fumes, dust, odor, glare, stormwater run off, and the like);
2. The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;
3. The adequacy of water supply, waste disposal methods and protection from pollution of surface or ground water; and,
4. The protection of natural, environmental, historic, or archaeological features on the site under review and in adjacent areas.
B. DEVELOPMENT PLAN REVIEW REQUIREMENT.
No permit or certificate for the construction, exterior alteration, relocation, demolition, occupancy, or change in use of any building, structure or parcel shall be given and no existing use shall be established or expanded in floor area except in conformity with a development plan approved by the Zoning Administrator. Development plan review shall also be required for the resumption of any use discontinued for more than six (6) consecutive months or for the expansion of any existing use.
C. DEVELOPMENT PLAN REVIEW PROCESS.
1. Application and Requirement for Development Plan Review.
a. An applicant for development plan review under this chapter shall file with the Zoning Administrator an application for development plan approval upon forms made available in the Commission's office along with an original and two (2) copies of the development plan.
b. The development plan shall include all of the following elements that are deemed necessary by the Zoning Administrator in order to properly evaluate the proposed project in accordance with the provisions of this ordinance, taking into consideration the nature of the project, its magnitude, uses and overall community impact.
1. The name and address of the owner and developer, engineer, surveyor, architect;
2. The location of the project by public way, township and section;
3. The legal description of the subject property;
4. A map including date, scale and North arrow, which shows the location, size, capacity, and use of all buildings and structures existing or to be placed on the subject property;
5. The nature and intensity of the operations involved in, or conducted in connection with the project;
6. The site layout of the project, including the location, size, arrangement and capacity of the area to be used for yards, setbacks, and buildings, vehicular access, parking, and loading;
7. The names of public ways giving access to the subject property and the location, width and names of existing platted public ways, railroads, parks, utility easements and other public open spaces associated with the project;
8. The layout of proposed public ways, their names and width, and the width of alleys, walkways, paths, lanes and easements;
9. The location, dimensions and design of all signage for the project;
10. The location, height, intensity, direction of illumination and bulb type (such as florescent, sodium incandescent, and the like) of all external lighting fixtures;
11. A landscape plan showing all existing natural land features, trees, forest cover and water sources, and proposed changes to these features, including the size and type of plant material;
12. The contours with spot elevations of the finished grade and the directions of storm water runoff;
13. The layouts of proposed lots with their numbers and dimensions;
14. The land use density factors;
15. Outside storage and/or product display area if allowed;
16. A subscribed statement of an engineer or architect, licensed by the State of Indiana, certifying that the proposed activity will satisfy the performance standards of Section 2 of this ordinance;
17. Construction plans, if any;
18. Erosion control/grading plan, if any; and
19. All other permits, certificates and/or approvals required from any State or local agency relative to the use or improvement of the subject property or to the use or installation of public improvements which may serve the subject property (such as Indiana Department of Transportation approval of State highway improvements, private sewage disposal system permit from the Hancock County Health Department, and the like)
2. The Zoning Administrator shall consider and evaluate such application and associated development plan, and thereupon render a decision in writing, that decision shall consist of either:
a. Approval of the development plan based upon the determination that the proposed plan complies with the general, design and performance standards set forth in this ordinance;
b. Disapproval of the development plan based upon the determination that the proposed project does not meet the general, design or performance standards set forth in this ordinance; or
c. Approval of the development plan subject to any conditions, modifications and restrictions as required by the Zoning Administrator which will ensure that the project meets the general, design and performance standards set forth in this ordinance.
3. One copy of such plans shall be returned to the owner when the Zoning Administrator has approved such plans. The Zoning Administrator shall not be required to keep or maintain a complete permanent file of actual plans submitted under this procedure.
D. GENERAL STANDARDS FOR REVIEW.
The Zoning Administrator shall review the development plan and supporting documents for compliance with the Zoning Ordinance standards, including the following general standards for development plan approval:
1. Compatibility with surrounding land uses;
2. Availability and coordination of sanitary sewer, water, storm water drainage, and other utilities as deemed appropriate;
3. Management of traffic in a manner which creates conditions favorable to the health, safety, convenience and harmonious development of the community, particularly considering each of the following factors:
a. The design and location of proposed street and highway access points and sidewalks to minimize safety hazards and congestion;
b. The capacity of adjacent existing streets and highways to safely and efficiently handle traffic projected to be generated by the proposed development; and
c. The coordination of entrances, streets, sidewalks and internal traffic circulation facilities in the development plan with existing and planned streets and adjacent developments.
4. A development plan for a structure and/or use which requires compliance with performance standards as set forth herein shall have affixed to it the certification of a professional engineer, licensed by the State of Indiana, whose qualifications pertinent to the engineering aspects of the various performance standards are submitted with the application. Such certification shall state that the building or structure and the operation of the use thereof or the use of land when no building or structure is involved complies with all provisions of this Ordinance pertaining to such performance standards.
5. The lot and the location of the building thereon shall be staked out on the ground before construction is started.