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(A) Purpose. The purpose of these regulations is to promote orderly growth and development in the City of Noblesville and to insure that such development is done in a manner harmonious with surrounding properties and consistent with the general public welfare and with the policies in the Comprehensive Plan.
(B) Authority. The Technical Advisory Committee may, in accordance with the procedures and standards set forth in this section and other regulations applicable to the district in which the subject property is located, review and make written recommendation with regard to any application requiring a site plan.
(C) Site Plan Approval Required. Site plan review by the Technical Advisory Committee in accordance with this section shall be required in the following situations:
(1) In connection with any development or redevelopment for which this chapter requires a Conditional Use Permit, Variance, Improvement Location Permit, Subdivision Approval, and any Planned Development Approval.
(2) In connection with any redevelopment or minor modification consisting of 35% of the market value of a premises, except for the initial construction of a single- or two-family detached dwelling unit, or any structure accessory thereto.
(3) In connection with any development, redevelopment or minor modification in an Historic Preservation Overlay District.
(D) Procedure for Review and Recommendation.
(1) Pre-application Conference. Refer to § 159.046, Pre-filing Application Conference.
(2) Technical Advisory Committee Review.
(a) Application. Applications for a site plan review shall be filed in accordance with the requirements of § 159.040.
(b) Action by Department of Planning and Development. Within seven days after receipt by the Department of a properly completed application, the Director of Planning and Development or his or her designee shall forthwith transmit such application to the Technical Advisory Committee for hearing and review.
(c) Public Meeting. The Technical Advisory Committee shall hold a public meeting on the application in accordance with the requirements of § 159.040. The site plan, construction drawings (civil plans) and all other required documentation shall be reviewed for conformity with this chapter and all other applicable regulations.
(d) Action by Technical Advisory Committee. Each member of the Technical Advisory Committee shall provide a written report and recommendation either (i) endorsing the site plan as submitted; or (ii) endorsing it subject to specific modifications; or (iii) not endorsing the site plan. The endorsement of the Technical Advisory Committee shall then be forwarded to the appropriate administrative body for final determination.
(e) A pre-construction meeting shall be held within six months from the date of the Technical Advisory Committee meeting. Within 60 days of the pre-construction meeting, erosion control installation, earthmoving, and installation of infrastructure shall begin. Should the issuance of the ILP and construction activity not begin within the above noted timeframes, the TAC approvals shall lapse and become null and void thus requiring the re-submittal of said plans including new filing fees, project plans, and application(s) and other supplemental documents as required.
(E) Standards for Site Plan Review. The goals and objectives of the Comprehensive Plan or other applicable Noblesville planning documents shall be utilized in the review of site plan applications. In addition, the Technical Advisory Committee shall only recommend approval of the site plan submitted pursuant to this division (E) on the basis of specific written findings directed to one or more of the following standards:
(1) The arrangement of the structures on the site allow for the effective use of the proposed development. Furthermore, such arrangement is compatible with development on adjacent property and shall minimize potential impact on the provision of municipal services and utilities.
(2) The arrangement of open space and landscape improvements on the site create a desirable and functional environment for patrons, pedestrians, and occupants. The arrangement preserves unique natural resources where possible and respects desirable natural resources on adjacent sites.
(3) All circulation systems provide adequate and safe access to the site and are compatible with public circulation systems minimizing potentially dangerous traffic movements. Pedestrian and auto circulation are separated insofar as practical. Site curb cuts have been minimized.
(4) Proposed parking areas or lots are designed, located and screened to minimize adverse visual impacts on adjacent properties. Parking lot drainage does not adversely affect neighboring properties. Perimeter parking lot screening and internal landscaped islands have been utilized where feasible.
(5) Landscaping design shall create a logical transition to adjoining lots and developments, screen incompatible uses, and minimize the visual impact of parking lots on adjacent sites and roadways. Plant materials selected can withstand the microclimate of the city.
(6) Site illumination has been designed, located and installed so as to minimize adverse impacts to adjacent properties.
(7) Reasonable drainage or erosion solutions have been created which properly integrates the site fully and satisfactorily into the overall existing and planned drainage system serving the city.
(F) Additional Standards for Non-Residential Uses, Except in I-2 and I-3. The city requires design review of all non-residential building construction including new structures, additions to, alterations of, or modifications of any existing structure or building, which is located within a non-residential zoning district. The purpose of these design principles is to outline for the benefit of applicant the expectations of the city regarding design and style of development in all non-residential districts. These principles are intended to provide a general understanding of the criteria applied to the design review process. Each structure is considered unique and will be judged on the following design principles.
(1) Purpose.
(a) The architecture shall be of high quality, enduring, and promoting a sense of character for the building street wall.
Building walls shall reflect high-quality architecture and complement the surrounding development(s). Building walls shall not be too simple or too ornate and shall:
1. Provide those qualities in the environment which bring value to the city;
2. Foster an attractiveness and functional utility of the city as a place to live and work;
3. Preserve the character and quality of our heritage by maintaining the integrity of those areas which have a discernible character;
4. Protect certain public investments in the local area;
5. Encourage a mix of uses and design;
6. Promote pedestrian accessibility and safety; and
7. Minimize visual clutter and blight.
(b) All new structures shall relate to the community's history, culture, and/or geography. Time, place, and culture, work to create endless variations on the themes of the city. Shape and form of a structure is accomplished through architectural design. The following massing requirements shall be incorporated in any proposed structure:
1. Building silhouette. Shall have similar pitch and scale to the roofline of adjacent structures.
2. Spacing between the buildings. Shall include setbacks or notches between the primary facades that frame the structure.
3. Setback from property line. Shall include setback area of adjacent structures.
4. Proportion of windows and bays, doorways. Shall include vertical and horizontal elements tied together in bands across the facade.
5. Proportion of facade. Shall be similar in area and height to width ratios.
6. Location and treatment of entryway. Shall create a visual commonality between structures.
7. Exterior materials. Shall include similar materials and treatment of adjacent structures
8. Building scale. Shall include height and configuration compatible with adjacent structures.
9. Landscaping. Shall tie the structure to the site and define spaces.
10. Shadow patterns that form decorative features. Shall include the light and dark surfaces from materials used and the projections from windows, bays, etc., and recesses, and setbacks that create visual breaks.
11. 360° architecture (refer to definition, § 159.016).
(2) Design principles. The design of the building should be kept simple and materials and details should be consistent. Avoid a gaudy design.
(a) Avoid long, straight building shapes that are uninviting and do not contribute positively to the streetscape.
(b) Detail shall be an integral part of the building design and use consistently throughout.
(c) The exterior building design shall be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity.
(d) Shadow patterns created by architectural elements such as overhangs, projections, reveals, and awnings are strongly encouraged.
(e) Buildings shall be broken into a series of volumes that lessen the volume and mass of the building by stepping back upper levels or integrating projections and recesses into the design
(f) Structures located toward the front of the property serve to visually narrow wide streets. Unifying the area with site amenities can lessen the impact of the automobile and encourage pedestrian use.
(g) Protection of adjacent neighborhoods, in particular the location of parking, driveways, outdoor lighting, trash bins, landscaping, signage, development bulk standards, fencing, and the general character of the surrounding development shall be considered when incorporating the architectural design and materials.
(3) Relationships (architectural).
(a) New buildings shall respond to the existing streetscape. The relative proportion of the building to its neighboring existing buildings and pedestrians shall be maintained or enhanced when new buildings are built or existing buildings are remodeled or altered.
(b) Buildings shall be designed to create interesting outdoor spatial relationships.
(c) Production design common to restaurants, hotels/motels, convenience markets, banks, etc. are strongly discouraged.
(d) The standard national franchise design is unacceptable and shall be retrofitted to compliment the local character and surrounding community. Architectural transplants from other communities are neither appropriate nor desirable.
(e) Building heights, configurations, color, texture, and materials shall be consistent among all buildings in a specific development and/or area.
(f) Building entries shall be accentuated with strong definition.
(g) Upgraded rear and side elevations, those exposed to public view, shall have a level of quality and detail consistent with the front elevation of the building.
(h) An identical design of at least one publicly exposed elevation of the building cannot be repeated within a series of three buildings on either side of the street. An identical building is one that an ordinary observer would find the differences between the two elevations to be imperceptible when viewing the elevations as a whole or unless instructed to detect the differences, an ordinary observer would conclude that the two elevations are the same.
(i) Building facades that are blank or windowless shall be prohibited.
(j) Rooflines of existing structures or adjacent properties shall be considered in the design to avoid clashes of materials and styles. The visual continuity of roofs and their contributing elements such as parapet walls, coping, cornices, etc., shall be maintained in the building development or redevelopment.
(k) The roofline shall be designed in conjunction with the mass and facade so that the building and its roof form a consistent composition.
(l) Roof penetrations shall be minimized by grouping plumbing vents and ducts together.
(m) Sloped roof shall be a minimum of 6/12 pitch.
(4) Relationships (site).
(a) Building design shall be fitted to the natural contours of the site. Natural features of the site, such as natural drainage ways, wooded or forested areas, rock formations, etc. shall be preserved.
(b) On wooded sites, buildings shall be carefully situated to take advantage of the shade and energy conservation provided by the trees.
(c) The impression of the buildings tucked into, rather than superimposed on, the natural landscape shall be created.
(d) The view of the building from the street and surrounding areas shall be as important as the view available to the building occupants.
(e) Buildings shall be located according to the natural characteristics of the site to avoid destroying sensitive natural areas.
(f) Buildings shall be designed to harmonize with the existing topography, thereby minimizing land disruption.
(g) Grading shall be held to a minimum and should complement natural landforms.
(5) Materials and colors.
(a) Building colors should be compatible with the adjacent buildings and neighborhood and shall reinforce the visual character of the area. The color scheme shall be coordinated with the neighboring buildings and the city as a whole. The intent is to unify the look of the buildings and/or area without resorting to a "rubber stamp" type of approach.
(b) The color of the building shall not be such that the building is competing for attention. Building colors shall be subdued and not "garish" and shall not in any way become a "signing" of the building or site
(c) Integral coloring of the building materials is encouraged. Differentiation of the color shall relate to the materials and/or the plane.
(d) The number of materials on the exterior building shall be limited to prevent visual overload.
(e) Use of warm, muted, earth-tones shall be used on the body of the building. More intense hues may be used as accent colors and for the highlighting of architectural elements.
(f) Relate the paint colors to the natural material, colors found on the building, such as brick, terra cotta, stone, tile, wood, or cast iron. Brick and stone shall be left natural in all zoning districts except those buildings located in the DT Downtown Zoning District that can be painted with approval from the Director of Planning or his or her designee.
(g) Colors for building walls and storefronts shall be compatible for the shops that occupy a multiple-storefront building. The use of different colors to identify individual shops within a single structure is prohibited, as it is visually disruptive and obscures the overall composition of the facade.
(h) Material samples and color samples for the buildings shall be required to be submitted with the building permit application.
(i) Maximum number of colors on a single building is three.
(j) No blank walls are permitted for all building elevations. All building elevations not facing a public right-of-way shall have a minimum of 20% of the walls having glazed areas or a glazed appearance.
(k) Storefronts shall consist of a maximum of 75% of the primary facade.
BUILDING MATERIALS | |
Permitted | Prohibited |
Hand-laid clay brick | Concrete |
Tile or masonry | Faux wood grain, vinyl and aluminum siding |
Native stone | |
Integral color CMU - 50% maximum | |
Gypsum reinforced fiber concrete, PERMITTED for trim elements only | |
Wood-lap siding (horizontal configuration) smooth or rough-sawn finish (maximum 30%) | |
Stucco/EIFS (maximum 50%) | |
Split-faced block (maximum 20%) Decorative split-faced block (maximum 40%) | |
Metal for beams, lintels, trim elements and ornamentation only | |
(6) Exterior walls (architecture).
(a) Exterior walls greater than 40 feet in length shall break any flat, monolithic facade with discernible architectural elements such as recessed windows and entrances, projections, arcades, balconies, cornices, bases, pilasters, columns or other architectural details or articulation combined with changes in materials to provide visual interest and pedestrian scale. Building designs, roof lines, or facade treatments that are monotonous shall be prohibited.
(b) Exterior wall materials shall be consistent horizontally.
(c) Exterior wall materials/architectural changes shall be provided with constructional logic.
(d) Brick or stone shall specify the pattern, color, type, and finish number of brick or stone to be used.
(e) All materials shall specify the pattern, color, type, and finish of materials to be used.
(f) The ratio between the width of the street corridor or internal drives, as measured between the opposing building facades, and the height of the walls of that corridor, measured as the foundation to eaves dimension, plays in important role in the human scale in the streetscape. The ratio shall generally be a width that is two to three times the height of the defining walls or edges.
(g) Building sites shall accommodate pedestrians and shall be centered on pedestrian traffic as opposed to vehicular traffic.
(h) Pedestrian walkways at intersections shall be clearly defined with contrasting surfaces.
(i) Major commercial developments shall include a system for internal pedestrian movement as well as being linked to city-wide systems.
(j) If concrete is used for the pedestrian areas, it shall be textured or patterned.
(k) For major developments, the building materials including color of the initial building shall continue the theme among the other buildings. Colors may change in hue only.
(7) Roofs.
(a) Roofs shall be compatible with the building's architecture including roof shape, color, and texture.
(b) Gable or hip roofs.
(c) Any pitched roof shall be a minimum of 6/12 to 12/12 slope.
1. Large overhangs shall be a minimum of 12 inches.
2. Large roof areas shall have more than one plane.
3. Roof pitches for overall porches shall be in keeping with the principal building having a minimum slope of 3/12.
4. Wood shakes, slate, concrete tiles, fiberglass shingles, asphalt composition shingles (artificial shingles).
5. Earth toned colors, dark hues (browns, blacks and maybe reds or grays).
(d) Parapet roofs shall be permitted only to conceal roof top mechanical equipment and shall be extended a minimum of one foot beyond the height of the rooftop mechanical equipment. All roof top mechanical equipment is to be hidden from public view.
(e) Gutters and downspouts should be internal. However, if exposed shall be painted to match the adjacent wall or roof materials.
(f) Roof-top screens used for hiding roof-top mechanical equipment or other accessory objects shall match the roof and/or shingle color on the building.
(8) Windows (all).
(a) Windows shall not span vertically more than one story and shall not span across building structural elements such as walls and mechanical spaces between the floors.
(b) Windows shall be separated by mullions, columns, piers or wall sections that are a minimum of seven inches wide.
(c) Windows shall not be closer than three feet to a building corner.
(9) Doors (all).
(a) Primary entrances shall be delineated having major architectural features so that they are clearly identified as entry points, fronting the primary access street, and are pedestrian accessible. A portico, arcade, awning, projection, recess, or similar architectural features shall be provided to shelter the primary entrance.
(b) Primary building entrances shall connect to a sidewalk with a pedestrian walkway.
(c) Doors shall not be recessed more than three feet behind the shop front windows and shall have a clear view and path to a 45° angle past the perpendicular from each side of the door.
(d) Roll-down security gates, door, and windows shall be prohibited within view of the public.
WINDOWS AND DOORS |
Permitted Materials (entrances) |
Anodized aluminum, wood, clad wood, vinyl, or steel |
Glass at the ground story shall be clear or lightly tinted with at least 90% light transmission. Specialty windows may utilize stained, opalescent, or glass block (maximum one per facade) |
Screen frames shall match window frames |
Doors shall be steel, wood, or wood clad |
Translucent glass - 30% maximum |
(10) Lighting.
(a) Design and intensity of lighting shall be architecturally integrated with the building style, material, and color.
(b) All parking lot and internal street lighting shall provide shield covers to direct the light in a downward manner.
(11) Fencing.
(b) The maximum height of fencing shall be as provided in this chapter for said district in which the fence is constructed.
(G) Effect of Positive Recommendation.
(1) The recommendation of approval, or approval with modification of a site plan shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the ordinances of the City of Noblesville.
(2) A copy of every approved site plan shall be filed with the Department of Planning and Development and the development of the site shall be in substantial conformity with such approved and filed plan.
(H) Limitations on Site Plan Approval. Subject to an extension of time granted by the Director of Planning and Development, no recommendation of approval, or approval with modification of a site plan shall be valid for a period longer than one year unless a Building Permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period.
(I) Adjustments to Site Plan During Development.
(1) Minimum Necessary Adjustment. Any adjustment approved pursuant to division (B) of this section shall be consistent with the intent and purpose of this chapter and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty and shall not be approved if they would result in a violation of any standard or requirement of this chapter.
(2) Minor Adjustments. During the development of the site, the Director of Planning and Development, with the aid of the Technical Advisory Committee, may authorize adjustments to a site plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:
(a) Altering the location of any one structure or group of structures by not more than ten feet or one-fourth of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.
(b) Altering the location of any circulation element by not more than ten feet or one-fourth of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.
(c) Altering the location of any open space by not more than 20 feet.
(d) Altering any final grade by not more than 20% of the originally planned grade.
(e) Altering the location, by not more than 20 feet, or type, without reduction of total number, of landscaping elements.
(3) Major Adjustments. Any adjustment to a site plan not authorized by division (I)(2) of this section shall be considered to be a major adjustment and shall be granted only upon formal application for site plan review.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 36-08-02, passed 9-10-02; Am. Ord. 89-10-06, passed 11- 14-06; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 12-04-17, passed 4-25-17; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 44-10-23, passed 11-14-23)
(A) Purpose. Conditional uses are those uses that, because of their potential adverse impact upon the immediate neighborhood and the City, as a whole, require a greater degree of scrutiny and review of site characteristics and impacts to determine their suitability in a given location. As such, the determination of conditional uses as appropriate shall be contingent upon their meeting a set of specific standards and the weighing, in each case, of the public need and benefit against the local impact, giving effect to the proposals of the applicant for ameliorating adverse impacts through special site planning and development techniques and contributions to the provisions of public improvements, sites, right-of-way and services.
(B) Authority. The Board of Zoning Appeals may, in accordance with the procedures and standards set forth in this section and other regulations applicable to the district in which the subject property is located, approve by ordinance, uses listed as conditional uses within each zoning district.
(C) Parties Entitled to Seek Conditional Use. An application for a Conditional Use Permit may be filed with the Director of Planning and Development or his or her designee by the owner or lessee of the subject property or other person having a legal or equitable interest in the subject property.
(D) Procedure for Review and Decision.
(1) Application. Applications for a Conditional Use Permit shall be filed in accordance with the requirements of § 159.040.
(2) Action by Director of Planning and Development or his or her designee.
(a) Upon receipt of a properly completed application for a Conditional Use Permit, the Director of Planning and Development or his or her designee shall forthwith transmit to the Technical Advisory Committee for its review subject to § 159.041.
(b) The report and recommendations of the Technical Advisory Committee shall be submitted in writing from the Director to the Board of Zoning Appeals for its review.
(4) Action by Board of Zoning Appeals. The Board of Zoning Appeals shall take action in accordance with IC 36-7-4 et seq., with particular attention to the 900 series of said statute as the same may be amended.
(5) Judicial Review. Final decisions of the Board of Zoning Appeals are subject to judicial review as provided by applicable law. (See, e.g., IC 36-7-4-1600 et seq.).
(E) Standards for Conditional Uses. The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(1) Is in fact a conditional use established within the specific zoning district involved;
(2) Will be harmonious with and in accordance with the general objectives or with any specific objective of the City's Comprehensive Plan and this chapter;
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area;
(4) Will not be hazardous or disturbing to existing neighboring uses;
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(6) Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community;
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
(9) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(F) Supplementary Conditions And Safeguards. In granting any Conditional Use Permit, the Board of Zoning Appeals may prescribe conditions and limitations concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this chapter upon the premises benefited by a conditional use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. However, such conditions shall not be used as a device to authorize as a conditional use that which is intended to be temporary in nature. Such conditions shall be expressly set forth in the ordinance granting the Conditional Use Permit. Any conditions prescribed by the Board of Zoning Appeals must be recorded by the applicant as a supplement to the deed for the property, in the Hamilton County Recorder's office. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the conditional use permit pursuant to §§ 159.240 through 159.248 and 159.999
(G) No Presumption of Approval. The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth in § 159.041, and with the standards for the district in which it is located, in order to determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.
(H) Limitations on Conditional Uses.
(1) Subject to an extension of time granted by the Director of Planning and Development, no Conditional Use Permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period or unless a longer time is requested and granted by the Common Council.
(2) The approval of a proposed Conditional Use Permit by the Board of Zoning Appeals shall be deemed to authorize only that particular use at that particular location for which the conditional use was issued.
(3) Except when otherwise provided in the ordinance for approving a conditional use, a conditional use shall be deemed to relate to, and be for the benefit of the use and lot in question, rather than the owner or operator of such use or lot.
(I) Effect of Approval. The approval of a proposed Conditional Use Permit by the Board of Zoning Appeals shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulations of the City, including but not limited to a building permit and a certificate of occupancy.
(J) Amendment to Approved Conditional Use Development Plans. The holder of an Improvement Location Permit for a conditional use may apply to the Board of Zoning Appeals at any time for an alteration, change, amendment, or extension of the Conditional Use of Development Plan upon which such permit was based.
(1) Upon receipt of such application, the Board of Zoning Appeals shall proceed as in the case of original applications for an Improvement Location Permit for a conditional use.
(2) In the event the Board of Zoning Appeals shall approve and order such applications or Development Plan changed, altered, amended, or extended, it shall notify the Director of Planning and Development who shall issue an amended Improvement Location Permit accordingly.
(3) Any alteration, change or amendment to a site plan (previously approved by the Board of Zoning Appeals through the conditional use process) and involving a new structure, combination of structures, or addition to an existing structure, may be approved by the Director of Planning and Development, who may issue an Improvement Location Permit without the requirement of a public hearing or Board of Zoning Appeals approval provided that:
(a) The net increase in floor area is less than 10,000 square feet but not to exceed 50% of the gross floor area of structures on the parcel;
(b) That the plans for the proposed use be submitted to and reviewed by the Technical Advisory Committee according to the schedule of filing deadlines established by the Director of Planning and Development;
(c) That the plans be revised to incorporate any recommendations of the Technical Advisory Committee that the Director of Planning and Development deems appropriate; and
(d) That the property of the proposed use does not fall within 100 feet of the property line of an existing residential land use or platted residential subdivision.
(K) Temporary Zoning Certificates for Staged Development. Whenever a Conditional Use Permit has been approved and is of such a nature that the applicant desires to complete the structures and improvements shown in the Conditional Use Development Plan by stages, the applicant may make application for a Temporary Certificate of Occupancy for any portion of the Plan that has been completed.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 44-10-23, passed 11-14-23)
(A) Interpretations.
(1) Purpose. The interpretation authority established by division (A)(4) of this section is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this chapter in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this chapter but is intended only to allow authoritative application of that content to specific cases.
(2) Authority. The Director of Planning and Development, subject to the procedures, standards, and limitations of division (A)(4) of this section may, by written order, render interpretations of the provisions of this chapter and of any rule or regulation issued pursuant to it.
(3) Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having a legal or equitable interest in property that gives rise to the need for an interpretation; provided that interpretations shall not be sought by any person based solely on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion.
(4) Procedure for Review and Decision.
(a) Application. Applications for interpretations of this chapter shall be filed in accordance with the requirements of § 159.040.
(b) Action on Application. Within ten working days following the receipt of a properly completed application for interpretation, the Director of Planning and Development shall inform the applicant in writing of his interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the Director of Planning and Development to act within ten working days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application rendered on the day following such ten day period.
(c) Records. A record of all applications for interpretations shall be kept on file in the office of the Director of Planning and Development. At least once a year, the Director of Planning and Development shall make public a listing of his decisions, by address, regarding the applications for interpretation.
(d) Appeal. Appeals from interpretations rendered by the Director of Planning and Development may be taken to the Board of Zoning Appeals pursuant to division (B)(4) of this section.
(5) Standards for Interpretations. The following standards shall govern the Director of Planning and Development, and the Board of Zoning Appeals on appeals from the Director of Planning and Development, in issuing interpretations.
(a) Any use defined in § 159.016 shall be interpreted as therein defined;
(b) No interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with the general district regulations established for that particular district;
(c) No interpretation shall permit any use in a district unless such use is similar to other uses permitted in the district and is more similar to those uses than to uses permitted in a more restrictive district;
(d) If the proposed use is most similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any interpretation permitting such use shall be conditioned on the issuance of a conditional use permit for such use pursuant to division (A)(2) of this section; and
(e) No interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.
(6) Effect of Favorable Interpretations. No interpretation finding a particular use to be permitted or permitted as a conditional use in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the ordinances and ordinances of the City including, but not limited to, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.
(7) Limitations on Interpretations.
(a) Subject to an extension of time granted by the Director of Planning and Development, no interpretation shall be valid for a period longer than 12 months from the date of issue.
(b) An interpretation finding a use to be permitted, or permitted as a conditional use in a particular district, shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued.
(B) Appeals.
(1) Purpose.
(a) The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intent of this chapter or the rightful authority of the Director of Planning and Development to enforce the requirements of this chapter. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this chapter and to the reasonable interpretations of that language by those charged with the administration of this chapter.
(b) The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless the Director of Planning and Development certifies to the Board of Zoning Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause, in his opinion, imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Board of Zoning Appeals or by a court of record, on application, of notice to the Director of Planning and Development and on due cause shown.
(c) The Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order or final decision as in its opinion ought to be made in the premises, and to that end has all the powers of the officer from whom the appeal is taken.
(2) Authority. The Board of Zoning Appeals shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Director of Planning and Development acting pursuant to his or her authority and duties under this chapter and to that end the Board of Zoning Appeals shall have the same powers and be subject to the same standards and limitations as the Director of Planning and Development with respect to any order, decision, or determination being appealed.
(3) Parties Entitled to Appeal. Appeals to the Board of Zoning Appeals concerning the interpretation or administration of this chapter may be taken by any persons aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Director of Planning and Development.
(4) Procedure.
(a) Application. An application for appeal to the Board of Zoning Appeals shall be filed not later than 45 days after the action being appealed and shall be in accordance with the requirements of § 159.040.
(b) Action by Director of Planning and Development. Upon receipt of a properly completed application for an appeal, the Director of Planning and Development shall forthwith transmit to the Board of Zoning Appeals the application together with all the papers constituting the record upon which the action appealed from was taken.
(d) Action by Board of Zoning Appeals. Within 30 days after the close of the public meeting, the Board of Zoning Appeals shall render a written decision on the appeal. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Board of Zoning Appeals, is proper to be made in the premises. The failure of the Board of Zoning Appeals to act within such 30 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.
(e) Review by Certiorari. Every decision by the Board of Zoning Appeals shall be subject to review by certiorari. Any person aggrieved by a decision of the Board of Zoning Appeals may present to the Circuit Court of Hamilton County a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the entry of the decision or order of the Board of Zoning Appeals.
(5) Right to Grant Variance in Deciding Appeals. In any case where the application for appeal is accompanied by an application for a variance in accordance with § 159.043(C)(4), the Board of Zoning Appeals shall notice, hear, decide to grant or deny, such variance in compliance with the provisions of § 159.043(C)(4).
(6) Conditions and Limitations on Rights Granted by Appeal. In any case where this chapter imposes conditions and limitations upon any right, any such right granted by the Board of Zoning Appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.
(C) Variances.
(1) Purpose. The variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this chapter that create unnecessary hardships. When such hardships may be more appropriately remedied, if at all, pursuant to other provisions of this chapter, the variance procedure is inappropriate.
(2) Authority.
(a) The Board of Zoning Appeals may authorize upon application in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in serious practical difficulty. No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted solely on the grounds of convenience or profit; however, where strict application of the provisions of this chapter would result in serious practical difficulty, convenience or profit may be considered as a relevant factor in the Board decision.
(b) The Board of Zoning Appeals may consider issuing a variance from the terms and provisions of the Flood Hazard (FH) District provided the structure for which a variance is requested existed at the time of the effective date of this chapter, and provided the applicant offers that the grant of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public or conflict with existing laws or ordinances.
(c) In addition, the Board of Zoning Appeals may consider land use variances in cases in which a proposed use for a property does not fall within the list of permitted or conditional uses for the zone district in which it is located.
(3) Parties Entitled to Seek Variance. An application for a variance may be filed with the Director of Planning and Development by the owner or lessee of the subject property or other person having a legal or equitable interest in the subject property.
(4) Procedure for Review and Decision.
(a) Application. Applications for a variance shall be filed in accordance with the requirements of § 159.040.
(b) Action by Director of Planning and Development.
1. Upon receipt of a properly completed application for a Conditional Use Permit Variance, the Director of Planning and Development shall forthwith transmit it to the Technical Advisory Committee for its review subject to § 159.041 if construction drawings of sufficient detail are provided.
2. The report and recommendations of the Technical Advisory Committee shall be submitted in writing from the Director to the Board of Zoning Appeals for its review if Technical Advisory Committee review is completed on a pending application.
(d) Action by Board of Zoning Appeals. The Board of Appeals shall take action in accordance with IC 36-7-4 et seq., with particular attention to the 900 series of said statute as the same may be amended.
(e) Review by Certiorari. Every decision by the Board of Zoning Appeals shall be subject to review by certiorari. Any person aggrieved by a decision of the Board of Zoning Appeals may present to the Circuit Court of Hamilton County a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the entry of the decision or order of the Board of Zoning Appeals.
(5) Findings of Fact for Variances.
(a) Findings of Fact.
1. Every application for a variance shall be subject to the findings of fact as set out in I.C. 36-7-4-918.5 et seq. A variance from the terms of this chapter shall not be granted unless the Board of Zoning Appeals makes specific written findings of fact based directly on the particular evidence presented in the application materials and at the hearing which support conclusions that all of the standards and conditions imposed by recommendation of the Director of Planning and Development and the Technical Advisory Committee have been met. A Development Standards Variance may be approved only upon a determination in writing that:
A. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
B. The use arid value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
C. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.
2. In addition to the findings of fact, the Board should consider the following factors when deliberating over a variance request:
A. Hardship. No variance shall be granted pursuant to this unless the applicant shall establish that carrying out the strict letter of the provision's of this chapter would create a particular hardship or practical difficulty. The hardship in the FH zoning district must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or disagreement with the neighbors also does not qualify as an exceptional hardship as they can be resolved through other means without granting a variance, even if the alternative is more expensive. The need for a property owner to build elsewhere or put the property to a different use than originally intended does not constitute a hardship.
B. Unique physical condition. The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or non-conforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.
C. Not self-created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this chapter.
D. Denied substantial rights. The carrying out of the strict letter of the provision from which variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision.
E. Not merely special privilege. The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot.
F. Ordinance and plan purposes. The variance would not result in a use or development of the subject lot that would not be in harmony with the general and specific purposes for which this chapter and the provision from which a variance is sought were enacted or the general purpose and intent of the Comprehensive Plan.
G. No other remedy. There is no means other than the requested variance by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot.
H. Minimum required. The requested variance is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of the ordinance.
(b) Additional Considerations for Flood Hazard Areas. The Board of Zoning Appeals shall, in weighing the appropriateness of a variance for Flood Hazard areas, consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, as well as the following:
1. The danger to life and property due to flooding or erosion damage.
2. The danger that materials may be swept onto other lands to the injury of others.
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The necessity to the facility of a waterfront location, where applicable.
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
7. The compatibility of the proposed use with existing and anticipated development.
8. The safety of access to the property in times of flood for ordinary and emergency vehicles.
9. The expected height, velocity, duration, rate of rise, and sediment of transport of floodwaters at the site.
10. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
(c) Every application for a land use variance shall be subject to the findings of fact as set out in I.C. 36-7-4-918.4 et seq. A variance from the land use of this chapter shall not be granted unless the Board of Zoning Appeals makes specific written findings of fact based directly on the particular evidence presented in the application materials and at the hearing which support conclusions that all of the standards and conditions imposed by recommendation of the Director of Planning and Development and the Technical Advisory Committee have been met. A land use variance may be approved only upon a determination in writing that:
1. the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
2. the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
3. the need for the variances arises from some condition peculiar to the property involved;
4. the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
5. the approval does not interfere substantially with the comprehensive plan.
(F) Supplemental Requirements for Variances in Flood Hazard Areas.
(1) Variances from the provisions of the Flood Hazard zoning district shall only be granted when the Board can make positive findings of fact based on evidence submitted at the hearing for the following:
(a) A showing of good and sufficient cause.
(b) A determination of failure to grant the variance would result in exceptional hardship as defined in § 159.016.
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(2) No variance for a residential use within a floodway may be granted.
(3) Any variance for non-residential uses granted in a floodway will require prior approval of a permit from the Indiana Department of Natural Resources. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances to the standards regulating building protection standards may be granted only when a new structure or substantial improvement is to be located on a lot of one half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. Such repair, rehabilitation, or restoration may be issued only upon a determination that the proposed construction will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum necessary to preserve the historic character and design of the structure.
(7) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
(8) Any applicant that is granted a variance shall be given written notice, which will then be recorded against the deed to the property in the office of the County Recorder, specifying the following:
(a) The difference between the flood protection grade and the elevation to which the lowest floor is to be built.
(b) Stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(9) The Floodplain Administrator shall maintain records of appeal actions and report any variance to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 49-10-14, passed 10-28-14; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 68-11-22, passed 11-9-22; Am. Ord. 44-10-23, passed 11-14-23)
(A) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and the Zoning Map that are of general significance or application. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
(B) Authority. The text of this chapter and the Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the Common Council in accordance with the procedures set forth in this section.
(C) Parties Entitled to Initiate Amendments.
(1) Amendment to Text. Amendments to this chapter may be initiated by adoption of a motion of the Plan Commission or by adoption of a resolution by Common Council.
(2) Amendment to Zoning Map. Amendments to this chapter may be initiated by adoption of a motion of the Plan Commission; by adoption of a resolution by Common Council; or by the filing of a petition by at least 50% of the owners of property within the area proposed to be changed or affected by said amendment.
(D) Standards for Amendments. The wisdom of amending the text of this chapter or the Zoning Map is a matter committed to the sound legislative discretion of the Common Council and is not controlled by any one standard. In making their determination, however, the Common Council should, in determining whether to adopt or deny, or to adopt some modification of the Plan Commission's recommendation, consider, among other factors, the following:
(1) Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, as adopted and amended from time to time by the Common Council;
(2) Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;
(3) Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted;
(4) Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and
(5) Whether the proposed amendment reflects responsible standards for development and growth.
(E) Procedure for Review and Decision. A petition to amend the text of this chapter or the Zoning Map shall be processed in accordance with the procedures set forth below:
(1) Petitions. Petitions for amendment to this chapter shall be filed in accordance with the requirements of § 159.040.
(3) Plan Commission Action. Amendments shall be handled in accordance with applicable law. (See, e.g., the 600 series of IC 36-7-4 as the same may be amended.)
(4) Common Council Action. The Common Council shall either adopt or reject the recommendation of the Plan Commission or adopt some modification of the recommendation of the Plan Commission. Failure of the legislative body to pass the proposed amendment within 90 days after its rejection by the Plan Commission constitutes rejection of the proposed amendment; and the proposed amendment may not be reconsidered by the Plan Commission or legislative body until the expiration of one year after the date of its original rejection by the Plan Commission.
(5) Effective Date. Such amendment adopted by Common Council shall become effective immediately upon adoption and approval by the Plan Commission.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 44-10-23, passed 11-14-23)
(A) Improvement Location Permits.
(1) Scope. No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure, or land be established or changed in use without an improvement location permit issued by the Director of Planning and Development. A permit shall be issued by the Director of Planning and Development upon finding that the proposed use complies with the requirements of this chapter or upon written order from the Board of Zoning Appeals deciding an appeal, conditional use, or variance; or from the Common Council approving a Planned Unit Development, as provided by this chapter. Such permit shall be posted on or near the structure during the entire duration of construction and shall be the original card issued by the Director of Planning and Development.
(2) Application for Improvement Location Permit. Applications for Improvement Location Permits (ILP) shall be filed in accordance with the requirements of § 159.040. An ILP for the installation of infrastructure and/or grading, erosion, or other similar land activities shall be required to obtain approvals from the various Technical Advisory Committee members prior to a request for a Pre- Construction meeting. The information required for a Pre-Construction meeting includes but is not limited to performance bond submittals, certified grading plans, construction plans, and other documentation as may be necessary for the release of the ILP.
(a) For all non-residential construction projects, multi-family construction projects, and those projects as deemed necessary by the Director of Planning Development or the Engineering Department, a Pre-Construction Committee meeting is required.
(b) Contact the Engineering Department for scheduling of a pre-construction meeting. At a minimum, seven business days prior to the scheduled meeting, the following information shall be submitted as per the Pre-Construction Meeting Protocol Sheet. The following items are required to be submitted and/or approved prior to the actual Pre- Construction meeting:
1. A PDF copy of all civil drawings approved by the Technical Advisory Committee.
2. A copy of the Technical Advisory Committee approval letter(s).
3. A copy of the Geographic Information System (GIS) approval letter.
4. A copy of the MS4 approval letter.
5. A copy of the Indiana Department of Environmental Management (IDEM) approval letter for sanitary sewers.
6. A copy of the County Surveyor's "indirect" or "direct" outlet permit, regarding any County Legal Drains.
7. A copy of all conveyance documents for off-site easements and/or public right-of-way.
8. A check payable to the City of Noblesville for pre-paid engineering inspection fees.
9. A certified construction cost estimate prepared by a professional engineer or land surveyor detailing each individual infrastructure item to be bonded and its associated costs (e.g. surface, binder, stone, sub-base).
10. Original performance bond(s) in the amount of 110% of the construction cost estimates for all public infrastructure improvements. This includes but is not limited to sidewalk/trails, driveway approaches, and/or entrance/deceleration lane improvements.
11. A. Residential development.
i. Three sets of full-sized scaled drawings as per the approvals above.
ii. Two sets of 11 x 17-inch scaled drawings.
iii. One PDF of the approved scaled drawings submitted on a disk or other acceptable media.
B. Non-residential development.
i. Three sets of full-sized scaled drawings as per the approvals above.
ii. Two sets of 11 x 17-inch scaled drawings.
iii. One PDF of the approved scaled drawings submitted on a disk or other acceptable media.
(3) Permits for Industrial Uses. An application for an Improvement Location Permit for an enclosed industrial use or an open industrial use shall be accompanied by a "Certificate of Compliance" subscribed by a registered professional engineer or architect, certifying that the use intended will satisfy the standards of the enclosed industrial use or the open industrial use, as the case may be, and in the District in which it is to be located. The Director of Planning and Development or his or her designee may take ten working days in which to study the application, during which time he may consult with appropriate technical consultants. If after the ten working days period the Director has not required any additional information or stated any objections in writing, the Director of Planning and Development or his or her designee shall issue the Improvement Location Permit.
(4) Submission to State or Local Highway Department. Before any improvement location permit is issued which affects any land within 300 feet of the centerline of a proposed highway or a highway for which changes or improvements are proposed, or within 500 feet of the intersection of the aforementioned highway and any other public road or street, the Indiana Department of Transportation (INDOT) and/or any local or county highway departments must be notified by the applicant and comments or suggestions received back from same. Such permit shall be posted on or near the structure during the entire duration of construction and shall be the original card issued by the Director of Planning and Development.
(5) Action by Department of Planning and Development.
(a) Upon receipt of a properly completed application for a Improvement Location Permit, the Director of Planning and Development shall forthwith transmit such application to the Technical Advisory Committee for its review subject to § 159.041.
(b) Within five working days after the receipt of the report and recommendations of the Technical Advisory Committee, the Director of Planning and Development shall either approve or disapprove the application. One set of the plans shall be returned to applicant by the Director of Planning and Development and be marked either "approved" or "disapproved", and the Director of Planning and Development's signature on the copy should attest. One set of the plans, similarly marked, shall be retained by the Director of Planning and Development. If the application is approved, the Director of Planning and Development shall issue a placard to the applicant. It is to be posted in a conspicuous place on the property in question and will attest to the fact that the plans for construction or alteration are in compliance with the provisions of the state building rules and regulations. If disapproved, the Director of Planning and Development shall notify the applicant indicating the reasons in writing within ten days.
(6) Expiration of the Improvement Location Permit. The work or use authorized by any Improvement Location Permit must be commenced within six months of the date of issuance of such permit, otherwise the same shall lapse and be and become null and void. All work so authorized shall be completed within 24 months from the issuance of the permit, and provided that for good cause shown the Director of Planning and Development may extend the work completion time.
(8) Limitation on Improvement Location Permits. Improvement location permits issued on the basis of plans and applications approved by the Director authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this chapter and be punishable under the provisions of §§ 159.240 through 159.248 and 159.999.
(9) Records of Improvement Location Permits. Every Improvement Location Permit issued pursuant to division (A)(3) of this section shall be kept on file in the Office of the Director of Planning and Development and shall be a public record.
(B) Building Code and Building Permits.
(1) Purpose. The City Building Code is intended to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, maintenance, electricity, plumbing, heating, ventilation and air conditioning of all public and private buildings or structures within the corporate limits of the City of Noblesville, Indiana, and within the area which is within the jurisdiction of the Noblesville City Plan Commission. The creation of the Office of Building Commissioner provides for the issuance of building permits, the collection of fees therefor, and a penalty for the violation thereof.
(2) Title. This section shall be known and may be cited as the "Building Code of Noblesville, Indiana."
(3) Content of Building Code. Certain documents, copies of which are on file in the Office of the Department of Planning and Development, and the Office of the Clerk of the City of Noblesville, Indiana, the Indiana Department of Homeland Security, Fire and Building Safety Division, Indianapolis, Indiana being marked and designated as General Administrative Rules 675 IAC 12, Indiana Building Code 13, Indiana Residential Code 14, Indiana Industrialized Building Systems 15, Indiana Plumbing Code 16, Indiana Electrical Code 17, Indiana Mechanical Code 18, Indiana Energy Conservation Code 19, Indiana Swimming Pool Code 20, Safety Code for Elevators, Escalators, Man Lifts and Hoists Code 21, Indiana Fire Code 22, Indiana Amusement Device (Recreational Facilities) Code 23, Indiana Supplementary Fire Safety Rules Code 24, and Indiana Fuel Gas Code 25, and Indiana Visibility Rule 27 be and the same are hereby adopted as the Building Code for regulation, the erection, construction, enlargement, alteration, repair, moving, removal, maintenance, fire prevention and safety, electricity, plumbing, heating, ventilation and air conditioning of all public and private buildings and structures within the Jurisdiction of the Noblesville Plan Commission as set forth herein; and all rules and regulations as provided by the Fire Safety Division of the Indiana Homeland Security as above referenced to, as now on file in the Offices referred to and are hereby adopted including all amendments by the Fire and Building Safety Commission and made a part hereof as if fully set out in this Code.
(4) Building Permit Required. No persons, firms, or corporations shall erect, construct, enlarge, alter, move, remove, improve, convert, or demolish any building or structure within the Jurisdiction of the Noblesville City Plan Commission, or cause the same to be done, until first having obtained a separate building permit for each such building or structure from the Director of Planning and Development, who may require plans thereof, together with a statement of materials to be used.
(5) Application for Permit.
(a) To obtain a permit, applicant must first file an application therefor, on forms to be furnished by the Director of Planning and Development, and every applicant shall complete all information requested on said form.
(b) Each application for a permit shall be accompanied by the following:
1. Residential Projects.
a. Construction (civil) plans;
b. Three development plans and legal description;
c. 2012 Energy Code Compliance;
d. For projects within the city limits, a copy of the approved sewer/driveway permit or
e. A copy of the approved septic permit and a copy of the approved driveway permit;
f. For projects within the territorial jurisdiction of Noblesville, a copy of the approved septic permit and a copy of the approved driveway permit from Hamilton County;
g. One complete Portable Document Format (PDF), Version 7 or later, of all required documents and paperwork provided through a file hosting system such as Drop Box, or on a CD, DVD, or other similar media that is filed at the time the application is submitted to the Planning Department. Review by Planning and Engineering Staffs of the submitted documentation shall not begin until the digital formatted items are received by the Planning Department.
2. Commercial Projects.
a. Digital PDF's only unless otherwise noted below;
b. Two copies of the development (site) plan including the legal description;
c. Two copies of the landscaping plan including both botanical and generic names of plants, heights, calipers, and gallon sizes of plants at the time of planting. Include the location of both underground and above ground utilities. For above ground utility lines, indicate the type of line i.e. transmission or distribution.
d. One full set of color elevations of the building exterior (front, both sides, and rear) including the labeling of building materials, colors, and height.
e. Roof Truss Certification for One and Two Family Structures shall be as per local ordinance as required by State of Indiana, Section R802.10.1 and shall include the following:
1. Truss design drawings must have lot number and subdivision stated on packet
2. Truss design drawings shall be dated within the code-cycle that is in effect and be clear and readable.
3. Truss design must comply with ANSI/TPI 1-2002
4. Trusses shall be designed in accordance with accepted engineered practices.
5. Truss design drawings shall be certified by a registered architect under I.C. 25-4 or a professional engineer registered under I.C. 25-31.
6. Wind uplift rating must be on truss specifications.
7. Locations noted on truss design drawings where permanent member bracing is required by the manufacturer or design professional.
f. For single-family and two-family dwellings, the site plan shall include the standard information as defined in the Unified Development Ordinance and the following additional information. The drawing shall be titled "Site Plan and Pre- Construction Elevation Certificate. Information required on the updated submitted site plan includes both "existing" and "proposed" grades for the structure, lot, and drainage swales, adjacent pond 100-year flood elevations; finished floor elevations of the proposed structure; all window wells and/or ingress/egress areas from the basement area including elevations; the finish floor elevations for structures on adjacent lots or the proposed pad elevations for those adjacent lots without structures; and spot grade elevations for those adjacent structures. A "typical driveway construction profile" as per the Noblesville Construction Standards and drive slope calculations are required on the submittal including the profile of the grade on the driveway elevation. Any and all Flood Hazard Statements, base flood profiles, floodway/floodway fringe/flood hazard area lines, etc. Include the subdivision restrictions for all yard setbacks and/or aggregate side yards, finished floor elevation including pad grade, garage finished floor elevation, basement finished floor elevation, residential finish first floor elevation and any notes pertaining to the garage finish floor elevation and its height above the curb at the drive, and all ground cover calculations including drive, public walks, private walk, sod, and hydro seeding. Additional information may be required from either the Planning Department or Engineering Department under certain circumstances. The following certification statement:
“I certify that the elevations shown as "existing" grades were existing on (insert date), prior to the construction of the house and lot improvements and prepared for the benefit of the parties indicated hereon and for the purpose of obtaining approval for the "Building Permit." It is my opinion that if the proposed finish grades are constructed as shown, the surface drainage on the subject lot will be satisfactory for residential construction. This plan was compiled based on documents prepared by others and the (insert your company's name) assumes no liability for the accuracy, completeness, or acceptance of those documents. This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a surveyor location report."
Include "Notes: The drawing is based on (fill in the blank with one or all including but not limited to construction plans, record drawings, type of survey). Your company's name detailing any warranties to the accuracy or sufficiency of the construction plans or record drawings and any discrepancies.
Upon completion of the improvements and prior to the issuance of a temporary and/or final Certificate of Occupancy, a "Post Construction Elevation Certificate" shall be submitted to the Planning Department to verify all information submitted on the "Site Plan and Pre-Construction Elevation Certificate".
As per the submitted 'Site Plan and Pre-Construction Elevation Certificate', the finished floor elevation of the proposed structure shall not be greater than three feet (+/-) above the required height of the finished floor elevation (15-inches) as measured from the lowest point of the top of the back of curb as per the 'Grading and Building Pad Elevation - Section 105.02' of the City of Noblesville Stormwater Technical Standards Manual as adopted and amended unless otherwise approved by the City of Noblesville's Engineer for warranted circumstances particular to said structure/parcel.
g. One copy of the State Release Letter.
h. One completed Road Impact Fee Calculation Request.
i. One complete Portable Document Format (PDF), Version 7 or later, of all required documents and paperwork provided through a file hosting system such as Drop Box, or on a CD, DVD, or other similar media that is filed at the time the application is submitted to the Planning Department. Review by Planning and Engineering Staffs of the submitted documentation shall not begin until the digital formatted items are received by the Planning Department.
(c) Building Construction Plans including structural, architectural, mechanical, plumbing, and electrical shall be submitted with application. Fire sprinkler systems and fire alarms systems may be submitted after the issuance of the building permit and should include a digital copy of the plans to the Building Commissioner and the Fire Marshal.
(d) No building permit shall be issued until such time notification has been received from the Water Utility for the project stating the water lines have been accepted and are in service, the fire hydrants have been accepted by the Fire Marshal, and streets, curbs, gutters, sanitary sewers storm sewers and like infrastructure have been constructed to the Noblesville standards and accepted/approved by the City Engineering Department or other governing utility. This applies to each section of a subdivision or approved development plan in which structures are being constructed.
(e) For all Class 1 (Commercial) and Class 2 (Single- family and Two-Family) structures should “advanced structural components” be used as per Senate Enrolled Act No. 393, additional information is required to be submitted as a part of the building application per I.C. 22-11-21.
(f) Pre-con meeting correspondence.
(g) Detached single-family, attached single-family, and two-family structures.
1. Vinyl siding shall be premium grade vinyl siding and shall have a minimum thickness of 0.050 inches and shall comply with the American Society for Testing and Materials (ASTM) Standard Specification for rigid poly-siding (ASTM D3679). All siding shall be Class 1 as listed in this standard. The minimum length of uncut siding pieces shall be twelve (12) feet. The installer shall make every effort to minimize the number of joints and to keep the length of installed siding pieces to twelve (12) feet. Additionally, the selected vinyl materials shall not be a smooth finish in both siding and trim.
2. On “gable end trusses” that are constructed out of two by four-inch (2” by 4”) dimensional lumber installed vertically at sixteen-inch (16”) on center or greater spacing and where the vertical two by fours (2 by 4’s) are ten feet (10’) or greater in length, the builder shall install a “strongback” and/or T-brace on the attic side of the truss, approximately at mid-span of these vertical two by fours (2 x 4's) to serve as an added support mechanism to stop bowing of the vertical two by fours (2 by 4’s) and the vinyl siding attached to it. Roof Truss Certifications shall include the additional bracing as noted in this division.
(6) Procedure.
(a) Application. Applications for a Building Permit shall be filed in accordance with the requirements of § 159.040.
(b) Fees.
1. No permit shall be granted by the Director of Planning and Development, until all applicable fees pertaining to that permit have been paid in full.
2. No permit shall be granted by the Department of Planning and Development until all fees owned by the applicant to the City of Noblesville have been paid in full. This requirement shall apply not only to fees specified in § 159.045(B)(1) above, but shall also include all fees owed on any permit previously issued to the applicant. A schedule of payment of all owed fees provided by the applicant to the satisfaction of the Director of Planning and Development shall satisfy the requirement of this section in lieu of payment in full.
3. No part of any filing fee paid pursuant to this subchapter shall be returnable to the applicant.
4. The Building Permit fees include the Improvement Location Permit fee for those applications listed in § 159.045(A).
(c) No permit shall be issued until parcel identification is posted on the site. This identification shall be clearly visible from the road on which the property achieves access and must include street address and/or lot number.
(d) Lot identification number, structure address number, and building permit shall be established on a two inch by four inch post, a minimum of five feet to a maximum of 6½ feet in height above the ground level, with the following 8½ inch by 11 inch laminated permit/identification items. Top posting is building permit, next is the lot number, and third is the address numbers. These laminated permit/identification items will be given to the individual who obtains the building permit and must be posted between ten to 15 feet behind the street pavement or curb line and must be posted by the time of the first inspection. Once the home is weather-tight (felt paper on roof), then the building permit/identification cards shall be moved to the inside of the house and placed in a window facing the street. The identification/permit must be clearly visible from the road and must remain posted until such time the house number is permanently attached to the structure or mailbox adjacent to the road and final inspection is approved.
(7) Penalties.
(a) If construction has commenced prior to obtaining permit or payment of fees, penalties may be assessed pursuant to § 159.999.
(b) Also, any person who shall initiate construction prior to obtaining a Building Permit (or a Certificate of Occupancy) or any other permit required, shall pay twice the amount of the filing fee set forth herein.
(c) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, realtor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(8) Deadline for obtaining permit once filed. Any permit shall be considered null and void unless all applicable fees have been paid in full within 90 days from the date a permit is approved by the Department of Planning and Development.
(9) Fees for renewing permits. In the event that a building permit is commenced but not completed in the time frame established by this chapter, it will be necessary for the applicant to renew the permit at the end of the prescribed time frame. The fee that shall be collected for this renewal shall be equal to 50% of the building fee originally paid for the permit. This fee must be paid prior to the issuance of the renewed permit.
(10) Appeals. Any person may appeal any decision of the Director of Planning and Development or anyone acting under his or her supervision in the enforcement of this chapter to the City Board of Zoning Appeals.
(C) Certificate of occupancy.
(1) Scope. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the Director of Planning and Development. The certificate of occupancy shall state that the proposed use of the building and/or land conforms to the requirements of this chapter and that the Director or his representative has inspected the property and attested to that fact.
(2) Application for certificate of occupancy. Applications for certificates of occupancy shall be filed in accordance with the requirements of §159.040.
(3) Change in use. No change shall be made in the use of land, except as provided in this chapter or the use of any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a certificate of occupancy having been issued by the Director of Planning and Development; and no such certificate shall be issued to make such change unless it is in conformity with the provisions of this chapter.
(4) Change of occupancy. No persons, firms, or corporations shall move into or occupy any nonresidential structure or land, new or existing, without first obtaining a certificate of occupancy from the Department of Planning and Development.
(5) Completion time. The work or use authorized by any improvement location permit, conditional use permit, variance permit, building permit, or other permit must be commenced within six months of the date of issuance of such permit(s), otherwise the same shall lapse and be and become null and void. All work so authorized shall be completed within 24 months from the issuance of the permit therefor, and if for good cause shown the Director of Planning and Development may extend the work completion time as per § 159.041(H).
(6) Issuance of certificate of occupancy. Certificates of occupancy may be issued by the Director of Planning and Development within ten days after notification by the applicant that the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land shall have been completed and the finding of the Director that such erection, reconstruction, or structural alteration is complete and all required inspections were approved including those required by the Building, Planning, Engineering, MS4 Division, GIS, and other departments as may be required.
(7) Enforcement. In case any building, structure, or property is, or is intended to be erected constructed, reconstructed, altered or converted, or any building, structure, or property is, or is intended to be used in violation of, or contrary to the provisions of this chapter, the Director of Planning and Development is hereby authorized, in addition to other remedies set forth in the Statutes of the State of Indiana and in this chapter, to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, alteration, conversion, or use.
(8) Sewage disposal. An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Director of Planning and Development or his or her designee that the proposed use and minimum lot size and width meet the minimum standards for a sewage disposal system as required by the Hamilton County Health Department, the Noblesville Board of Public Works and Safety, other licensed centralized waste collection entities of appropriate jurisdiction, and as otherwise required by this chapter.
(9) Temporary certificate of occupancy. When the improvement covered by the issued permit has been completed in substantial conformity with the architectural plan, site plan and/or development plan submitted with the application, a temporary certificate of occupancy may then be issued. For non-residential structures, the temporary certificate of occupancy shall permit the stocking, shelving, furniture installation and similar activities but not the utilization of the building for general public use or the term "Open for Business." For residential structures, a temporary certificate of occupancy does permit the occupying of the structure in most instances. All temporary certificates of occupancy are valid for a period not exceeding 30 days except as otherwise noted in this chapter. At the end of the 30 days, all unfinished items shall be completed and re-inspected for total compliance with the issued permit and submitted plans. The Director of Planning and Development may grant a one-time extension not exceeding 30 days for unusual or unique circumstances.
(10) Final certificate of occupancy. For commercial projects, no FINAL certificate of occupancy will be issued to occupy the structure until such time the GIS submittal (as-built infrastructure), per the Noblesville GIS requirements, has been submitted and approved and all building and site conditions have been inspected and approved as per the issued permit. The above applies to the overall residential subdivision and/or planned development and not individual lots. In addition, for commercial projects, the Fire Department GIS submittal of “as-built building plans” per the specifications shall be submitted and accepted.
(11) Records of certificate of occupancy. Every certificate of occupancy issued pursuant to division (C) of this section shall be kept on file in the Office of the Director of Planning and Development and shall be a public record.
(D) Demolition permits.
(1) Scope. A demolition permit shall be obtained prior to a structure being removed and/or destroyed to the ground.
(2) Application for a demolition permit. An application for a demolition permit shall include:
(a) A completed application for a building permit signed by all owners of the property;
(b) A single copy of a sketch plan drawing (informal) or aerial photographs, including the general locations of all existing structures on the real estate, highlighting or identifying the structure(s) to be removed;
(c) A written statement as to the removal of the demolished materials and the intended use of the area [the place where the demolished materials are being located (hauled)];
(d) A signed copy of the "Demolition Permit Requirements Application" concerning the existing well, septic systems, sanitary sewer, and/or fuel tanks.
(e) Written proof of disconnection from utilities such as gas, water, and/or electric.
(f) If a structure is to be rebuilt in its place, a sketch plan drawing of the new structure.
(3) Application for demolition within the Downtown Protection Boundary. In addition to the information required in division (D)(2) above, all structures larger than 400 square feet to be demolished within the demolition area defined as the “Downtown Protection Area”, which is generally depicted in Appendix I of this chapter, shall be presented to the Plan Commission for a certificate of authorization, and to the Common Council for approval of the certificate of authorization. The Downtown Protection Area is more particularly defined as the area within the following boundaries: beginning at the intersection of the north-south alley between 11th and 10th Streets and Harrison Street, continuing in a westerly direction to White River, thence south to Maple Avenue, thence east to 6th Street, continuing south along 6th Street to Cherry Street, thence westerly to 6th Street, continuing south along 6th Street to Hannibal Street, thence easterly to 7th Street, thence south to Division Street, thence continuing easterly along Division Street to 11th Street, thence north to the east-west alley between Conner Street and Maple Avenue, thence continuing in an easterly direction to 17th Street, thence continuing in a northerly direction to the east-west alley between Logan and Conner Streets, thence continuing in a westerly direction to the north-south alley between 10th and 11th Streets, thence continuing in a northerly direction along the north-south alley between 10th and 11th Streets to the place of beginning. For any demolition of a structure larger than 400 square feet within the Downtown Protection Area, the following process shall apply:
(a) The presentation to the Plan Commission of the request for demolition of a structure more than 400 square feet in size within the above-described boundary shall be scheduled upon the submission of a complete application. The application will be considered at the next meeting of the Plan Commission, upon which the applicant may comply with the applicable notice requirements.
(b) Within the described Downtown Protection Boundary, there is an area where preservation of the existing facades that contribute to the historic character of our community is of utmost importance, shown in Exhibit (D)(3)(b) below. Demolition of a structure within the area highlighted in Exhibit (D)(3)(b) shall only occur if all of the following apply:
1. No means of construction exists that allows the facades of the existing structures to remain through integration into new construction;
2. Irreparable damage has occurred to the facade to an extent that cannot be fixed in a fiscally reasonable manner; and
3. The proposed new structure incorporates architectural styles and elements identified in the original application for inclusion on the National Register of Historic Places that may be found in the National Archives Catalogue. The architectural styles and elements must be listed in these documents as contributing to the overall character of the district, and shall be used in structures surrounding the proposed new construction.
The above-referenced criteria in division (D)(3)(b)1. and 2. above shall not be applicable to any structure that is highlighted within Exhibit (D)(3)(b) as a non-contributing structure. However, any new structure shall be subject to division (D)(3)(b)3. above. Non-contributing-structure information was taken from the original application for listing on the National Register of Historic Places.
Exhibit (D)(3)(b)
(c) The Plan Commission shall hold a public hearing and determine whether a certificate of authorization shall be issued. The Plan Commission shall consider the following factors:
1. Is the existing structure an imminent threat to public health and safety?
2. Does the proposed demolition serve a greater public purpose?
3. Is the structure proposed for demolition a historic landmark or a building within a historic district that contributes to the district character?
4. Does the proposed new construction on the site of the demolition fit the established or intended character of the area?
(d) When the applicant or property owner cannot establish the need for demolition under the findings above, the Plan Commission may, when requested by the property owner, consider evidence of the economic impact on the owner of the denial of the certificate. A certificate may not be denied if it is established that the denial will deprive the owner of any reasonable economic use of the structure, and there is no viable or reasonable alternative that would have less impact on the features of significance.
To prove the existence of a condition of unreasonable economic return, the applicant must establish, and the Plan Commission must find in the affirmative one of the following conditions:
1. No economically viable use of the property exists;
2. The cost to repair the structure exceeds the fair market value of the property;
3. The property is not marketable or able to be sold when listed for sale or lease.
(e) If rehabilitation or restoration are feasible and the structure is not an imminent threat to the public health or safety, a citizen or community organization may request the Plan Commission place a 90-day hold on the forwarding of a recommendation on a certificate of authorization to provide the person or the group with an opportunity to identify and evaluate alternatives to demolition. If at the end of the 90-day hold no alternatives to demolition have been established, the Plan Commission shall issue a certificate of authorization to the applicant.
(f) Once the certificate of authorization is issued, the matter shall be heard by the Common Council for approval at its next regular meeting. In its approval or denial of the certification of authorization, the Common Council may consider only the application, the Planning Department staff report, and the information before the Plan Commission at the public hearing. The Common Council’s approval shall serve as affirmation of the finding of the Plan Commission. The Planning Department may issue a demolition permit only upon receipt of the certification of authorization and Common Council approval.
(4) Exemptions. This chapter does not apply to a demolition associated with a project that has an executed resolution for an economic development agreement. However, the factors listed in this chapter will be considered in relation to those projects.
(5) Appeals. Denial of a permit under this division is considered a final decision and may be appealed pursuant to state law.
(E) Sexually Oriented Business Uses.
(1) No sexually oriented business as regulated by § 159.130 shall be permitted to operate without obtaining a sexually oriented improvement location permit. This permit shall be required separately from other permits as required by the city.
(a) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The sketch must also address the specific requirements of the business for which the permit application is for, as outlined by the Classification Specific Design Requirements.
(b) A current certificate and straight-line drawing prepared within 30 days prior to application prepared by a State of Indiana registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within 1,000 feet of the property to be certified; the property lines of any established protected use within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified, if not apparent. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(1) Accessory Uses and Structures.
(2) Home Occupations.
(3) Residential Care Homes.
(4) Temporary Uses.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 12-4-97, passed 5-12-97; Am. Ord. 21-6-97, passed 7-28-97; Am. Ord. 57-9-98, passed 9-28-98; Am. Ord. 25-5-01, passed 6- 12-01; Am. Ord. 55-11- 01, passed 12-11-01; Am. Ord. 55-12-02, passed 1- 14-03; Am. Ord. 57-9- 04, passed 9-28-04; Am. Ord. 42-5-05, passed 6- 14-05; Am. Ord. 76-9- 05, passed 10-11-05; Am. Ord. 89-10-06, passed 11-14-06; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 03-02-12, passed 2-28-12; Am. Ord. 09-03-12, passed 3-27-12; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 31-09-13, passed 9-24-13; Am. Ord. 12-04-17, passed 4-25-17; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 40-10-18, passed 12-16-18; Am. Ord. 26-05-22, passed 5-24-22) Penalty, see § 159.999
Scope and Purpose.
(A) A pre-filing meeting with Planning Department staff is required prior to the applicant/developer/owner filing an application(s) for a public hearing before the Plan Commission or for site plan review by the Technical Advisory Committee with said conference being completed at a minimum of ten business days prior to the filing of said application(s). These applications are subject to the filing dates contained on the adopted schedule of meeting dates and filing deadlines adopted by the Plan Commission annually.
(B) At the pre-filing conference, the following items shall be available for discussion purposes:
(1) Property information.
(a) Aerial photograph of the property and general area.
(b) Property owner information.
(c) Status of property control.
(d) Acreage of property.
(e) Legal description of property.
(2) Preliminary site plan, including delineation of floodplains and wetlands.
(a) Layout of proposed development elements.
(b) Statement of proposed uses.
(c) Statement of consistency with Comprehensive Master Plan.
(3) Preliminary utility plan.
(4) Preliminary building elevations, including materials.
(5) Preliminary landscaping plan.
(6) Due diligence analysis.
(a) ALTA/Title survey.
(b) Wetland delineation.
(c) Phase I ESA.
(d) Drainage basins (on-site and offsite).
(e) Geotechnical analysis.
(f) Offsite easement identification.
(C) During the conference, staff will provide input and suggestions on the preliminary plans based on adopted ordinance standards. Filing procedures, including applications, fees, meeting dates and plan submittals, shall be discussed.
(Ord. 46-07-16, passed 8-9-16; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 44-10-23, passed 11-14-23)
(A) Applicability. This chapter is applicable to all new planned developments and amendments to existing planned developments that are either amend the chapter text or any adopted exhibits.
(B) Purpose. A district that employs written text, a plan or other drawing, or any combination of those items used in specifying the permitted uses and development requirements for the planned development district.
(C) Parties entitled to seek planned development approval. An application for a planned development may be filed with the Director of Planning and Development or his or her designee by the owner or lessee of the subject property or other person having the written consent of the owner of the subject property. Applications shall be signed by the property owner or a consent form signed by the property owner and notarized stating that the property owner is aware of the specific action being requested in the application.
(D) Procedure for Review and Decision.
(1) Applications for a planned development shall be filed in accordance with the requirements of § 159.040.
(2) All applications for a planned development shall include the information required in Appendix B. Applications, Section 9. Planned Developments.
(3) Docketing of Applications. Each filed application shall be reviewed for completeness. Any application which is determined to be in proper form as per the guidelines established by the Planning Department shall be docketed by the Department. Those applications not adhering to the guidelines shall be held in abeyance until all missing documentation is submitted and once docketed shall follow the meeting schedule adopted.
(4) Neighborhood Meetings. The applicants shall host a “neighborhood meeting” prior to the public hearing at the Plan Commission meeting. Those to be notified include at a minimum the property owners identified from the list obtained through the Transfer and Mapping Division of the Hamilton County Auditor’s Office. Notification shall be emailed to the Planning Department staff involved with said application. The notification to the “interested parties” shall not be included with the public notice provided by the Planning Department.
(5) After docketing, the Director of Planning and Development or his or her designee shall coordinate a review of the Preliminary Development Plan materials to include review of by all relevant departments, Technical Advisory Committee, and the Architectural Review Board (ARB). The Technical Advisory Committee shall provide general comments regarding the preliminary development plan. Text amendments, unless it affects the design of the overall planned development shall not be reviewed by the Technical Advisory Committee but reviewed by the Planning staff and other that may be deemed necessary. Written findings and recommendations will be submitted to the Plan Commission.
(6) Prior to the public hearing, the Preliminary Development Plan shall be introduced at a Council meeting as per the adopted planned development and change of zoning meeting dates and filing deadlines schedule. Written suggestions or recommendations as per the City Council shall be provided to the applicant by staff within five days after said “introduction meeting.”
(7) Planned development consideration shall be handled in accordance with applicable law (see, e.g., the 1500 series of IC 36-7-4 as the same may be amended).
(8) Effect of Preliminary Development Plan Approval. Approval of the Preliminary Development Plan for a planned development shall not constitute approval of the Planned Development Detailed Plan. Rather, it shall be deemed an expression of approval of the concepts and details of the Preliminary Development Plan of the planned development and the proposed map amendment, which are set forth in the application for approval of the planned development. It shall also be deemed as a specific guide to the preparation of final documents which are required as part of the application for approval of the Detailed Development Plan. Further, it indicates approval of the details set forth in the application, and a commitment by the applicant to such
details.
(9) A Planned Development (PD) ordinance shall become effective after its approval and its recording in the Hamilton County Recorder’s Office. The official zoning map shall be amended once a recorded copy of the PD ordinance is submitted to the Planning Department. The use and development of the real estate shall thereafter be governed by the PD ordinance and exhibits subject to the review and approval of subsequent permits and approvals as required by this chapter and any regulatory processes which may be required prior to the issuance of any improvement location permit, building permit or other permits.
(10) Following Common Council approval of the Preliminary Development Plan, an application for Detailed Development Plan may be submitted. This application and supporting documentation shall be reviewed by the Director of Planning and Development or his or her designee for compliance with the approved Preliminary Development Plan and if it is in substantial compliance with the adopted Preliminary Development Plan and subject to the submission of the application requirements located in Appendix B. Applications, Section 9. Planned Developments.
(a) Approval of a Detailed Development Plan, or first phase Detailed Development Plan shall be filed for review within six months after adoption of the Preliminary Development Plan by the Common Council. However, the Common Council may grant an extension of time for such period as it deems in the public interest.
(b) In the event that a Detailed Development Plan is not filed for review within the six month period or an approved extension of time, the action of the Common Council, adopting the relevant Preliminary Development Plan as a particular class of Planned District shall be declared null and void, and the land shall revert to the category or categories it held before being zoned as a “PD” District subject to the submission of approved Detailed Development Plan.
(11) The Director of Planning and Development shall coordinate a review of the Detailed Development Plan to include review by relevant city departments and Technical Advisory Committee. If the Director of Planning and Development, upon review finds major changes on the Detailed Development Plans, he or she shall forward the plans to the Plan Commission.
(12) A Detailed Development Plan shall be approved by all agencies and departments provided said detailed plan meets the requirements and intent of the adopted PD ordinance. All development plans shall conform to the adopted PD ordinance and exhibits.
(13) Appeal Procedure. The Plan Commission may, upon the applicant’s request, hear an appeal of the decision of the Director of Planning and Development, in regard to the Detailed Development Plan review action. This appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. An application for appeal to the Plan Commission must be filed (if at all) no later than 30 days after the action being appealed. The Plan Commission shall hold a public hearing on the application in accordance with § 159.040, Applications and Hearings. The Plan Commission may reverse, affirm, wholly or partially modify the decision of the Director of Planning and Development.
(14) No permit of any kind shall be issued for any purpose within the PD District except in accordance with the approved Detailed Development Plan and subject to all processes being completed pursuant to this chapter. The owner and/or developer shall also guarantee the completion of all required improvements and facilities, as set forth in applicable city regulations, except where varied by application of these procedures, whether said improvement or facilities shall become public or remain private, by either completing the improvements in advance of approval of the Detailed Site Plan or submitting irrevocable letters of credit in a form and from a financial institution acceptable to the city’s legal department (or an escrow department) in an amount equal to at least 110% of the construction cost estimate approved at the time said improvements and facilities are scheduled to be installed.
(Ord. 44-10-23, passed 11-14-23)
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