Angola City Zoning Code

Identify the development with which the cross-access easement is associated.

The cross-access easement shall grant the general public the right to utilize the easement for purpose of accessing adjoining parking lots.

The cross-access easement shall prohibit any person from parking vehicles within the easement.

The cross-access easement shall prohibit any person, including the property owner, from placing any obstruction within the easement.

The cross-access easement shall be binding on all heirs, successors, and assigns to the property on which the cross-access easement is located.

The cross-access easement shall be enforceable by the owners of each associated property, the city, and any other specially affected persons identified in the cross-access easement.

The cross-access easement shall provide for modification or termination in a manner specified in this title.

The cross-access easement shall be cross-referenced to the most recently recorded deeds of the associated properties.

The cross-access easement shall include a metes and bounds description of the easement.

When a secondary plat (subdivision), development plan, or final plan (planned development) is being recorded, the applicant may forego a separate cross-access easement instrument in favor of printing the following cross-access easement certificate on the recordable instrument:

The dedication and acceptance of any cross-access easements shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the appropriate property owners, or their agents.

If the declaration of covenants is included on the recordable instrument, the cross-access easement certificate clearly shall be separate from the declaration of covenants.

Identify the project or development with which the easement is associated.

Specify those activities the appropriate parties are authorized to perform in the easement.

Specify those activities the property owner of record is prohibited from performing in the easement.

Be binding on all heirs, successors, and assigns to the property on which the easement is located.

Be enforceable by the property owner of record, any appropriate parties, and the city.

Provide for modification in the manner stipulated in this title.

Be cross-referenced to the most recently recorded deed to the property on which the easement is to be established.

Include a metes and bounds description of the easement.

When a secondary plat, development plan, or final plan of a planned development is being recorded, the applicant may forego a separate easement instrument in favor of printing an easement certificate, the content of which has been approved by the Plan Commission attorney, on the recordable instrument.

The dedication and acceptance of any easements shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the appropriate property owners, or their agents.

If the declaration of covenants is included on the recordable instrument, the easement certificate clearly shall be separate from the declaration of covenants.

Residential developments with less than 20 lots or units shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 20 square feet in area.

Residential developments with 20 or more lots or units shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 40 square feet in area.

Residential developments with 100 or more lots or units shall be permitted one entryway feature for the primary entrance, and one entryway feature for one secondary entrance. The identification portion, or sign face, of the primary entrance's entryway feature shall not exceed 40 square feet; the identification portion, or sign face, of the secondary entrance's entryway feature shall not exceed 20 square feet.

Nonresidential developments with four or less lots or that do not have private streets shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 20 square feet in area.

Nonresidential developments with more than four lots and private streets shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 40 square feet in area.

Utilize three or more exterior materials on the front façade and two or more exterior materials on each side and rear façades. Exterior materials may include: masonry, brick, natural stone, precast concrete, split-faced block, EIFS, wood, and vinyl.

Utilize side-loading or rear-loading garages on at least 60 percent of all dwelling units.

Front-loading garages shall not project forward of the main living area of the dwelling unit by more than six feet.

A rear façade offset at least four feet from the plane of the rear façade and across at least 40 percent of the rear façade.

An all-brick chimney that is offset from the plane of the rear façade by at least two feet.

All parking spaces are located in the side and rear yards only. No parking space shall be located between any primary structure and adjacent right(s)-of-way.

The setback incentive does not compromise or contradict the standards listed in AMC § 18.172.060, Buffer yard planting standards.

The setback incentive in this section cannot be combined or in addition to the other setback incentives listed in this section.

At least 40 percent of all driveway or parking area consists of pervious surface material, such as pervious concrete, asphalt, or brick. This does not include gravel, rock, or stone.

All development landscape proposals shall increase parking lot plantings, as listed in AMC § 18.172.030, Lot planting standards, by 10 percent, and increase parking lot plantings, as listed in AMC § 18.172.040, Parking lot planting standards, by 10 percent.

At time of initial review of the proposed development (i.e., primary plat or planned development – establishment plan), an engineered report and drainage plans shall be submitted calculating the drainage of the proposed development. The report shall confirm a designated common area(s) or drainage facility(ies) shall be adequate to accommodate drainage for the entire development assuming every lot is built out at maximum permitted lot coverage. The report shall be reviewed and accepted by the City Engineer and Steuben County Drainage Board.

All development landscape proposals shall increase perimeter landscaping, as listed in AMC § 18.156.190, Perimeter landscaping standards, to 15 trees and shrubs per 100 lineal feet, as opposed to 10 per 100 lineal feet.

All development proposals shall comply with the commercial architectural standards are listed in AMC § 18.160.060, Architectural standards – Commercial.

The setback incentive does not compromise or contradict the standards listed in AMC § 18.172.060, Buffer yard planting standards.

The setback incentive in this section cannot be combined or in addition to the other setback incentives listed in this section.

A surface area at normal pool elevation of at least 32,670 square feet (three-quarters of an acre); and

A buffer area around the perimeter of the water feature that is at least 25 feet in width that is open space. The buffer area shall be planted and maintained as wildlife habitat.

At least 10,890 square feet (one-quarter acre) of flat bottom area.

Depth of the detention facility shall not exceed four feet from top of bank.

Slopes within the detention facility shall not exceed a 4:1 ratio.

A buffer area around the perimeter of the facility that is at least 25 feet from the top of bank that is open space. The buffer area (and facility) shall be planted and maintained as usable area. This includes use of prairie grasses, native species, native ground cover, or lawn grass. Tree planting shall not be within the basin area or on the slopes of the bank.

Location. To the extent possible, sidewalks or sidepaths shall be located one foot inside the right-of-way to be dedicated to the city. If utility poles, trees, or other features complicate installation, then the sidewalk or sidepath may extend into common areas or private property if a pedestrian easement is created and executed. In case of a private street or access street, the sidewalk shall be within the designated ingress/egress easement.

Sidewalks shall be spaced away from the curb to create a tree plot and to provide pedestrian separation from vehicles. The minimum tree plot width shall be as indicated in the chapter for each subdivision type in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments.

Perimeter fences shall be high quality; constructed of masonry, stone, wood, or metal; and be at least 36 inches in height, but not over 72 inches in height. Perimeter fencing shall be compliant with location standards in AMC § 18.160.520, Vision clearance standards.

Mounds may be combined with plantings and fencing. If used, mounds shall be a minimum of three feet in height with a side slope not to exceed a 3:1 ratio. Continuous mounds shall not be permitted (i.e., levee-like mounds).

Block Length. The maximum block length shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall determine the appropriate maximum block length.

Cul-de-Sac Length. The minimum cul-de-sac length and maximum cul-de-sac length shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, cul-de-sacs shall not be permitted in that type of development.

Right-of-Way. The minimum right-of-way on local streets shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall utilize the Angola Comprehensive Plan to determine an appropriate width.

Street Width. The minimum street width shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If a minimum street width is not indicated, the Zoning Administrator shall utilize the Angola Comprehensive Plan to determine the appropriate street width. Street width shall be determined by measuring from back of curb to back of curb or, when curb does not exist, from edge of pavement to edge of pavement.

Curb. Curb requirements shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If curb requirements are not indicated, the Zoning Administrator shall determine which type of curb is required, if any.

On-Street Parking. On-street parking shall be as indicated in the chapters for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If on-street parking requirements are not indicated, the Zoning Administrator shall determine appropriate on-street parking requirements for the development.

On-street parking shall meet the following criteria when it is included in a development:

Tree Plots. Tree plots shall be provided to meet or exceed the minimum tree plot width as indicated in the chapters for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If a minimum tree plot width is not indicated, the Zoning Administrator shall determine appropriate minimum tree plot width for the development.

Permanent dead end streets shall not be permitted. Cul-de-sacs and stub streets are not considered dead end streets.

Eyebrow streets shall not be permitted.

Where the development abuts land that has established stub streets, built or platted, the applicant shall design the street system to connect to those stub streets.

Where the development abuts undeveloped land, stub streets may be proposed by the applicant. Generally, each side of the development that does not border a public street shall have at least one stub street. In large developments, additional stub streets may be necessary to provide adequate connectivity to adjacent properties, but in conservation developments, stub streets may not be necessary. Ultimately, the final number and location of stub streets shall be recommended by the Zoning Administrator and the City Engineer, with the Plan Commission making the final determination.

Regard shall be given to the Angola Comprehensive Plan.

Temporary Turnaround Easements. When a temporary turnaround is required, the applicant shall execute a temporary turnaround easement instrument in favor of the general public via a "temporary turnaround easement certificate" by including the following information on the plan or plat that is to be recorded:

When a temporary turnaround easement instrument is used, it shall cross-reference the most recently recorded deed to the property on which the temporary turnaround easement is to be established, include a metes and bounds description of the temporary turnaround easement, and be signed by the property owner of record granting the temporary turnaround easement and by authorized representatives of the Common Council accepting the easement.

When the temporary turnaround easement certificate on the plan or plat to be recorded is used, the dedication and acceptance of the easement shall be outlined in a certificate of dedication on the plan or plat. The plan or plat shall then be signed by the property owner of record and the appropriate representatives of the Plan Commission.

All intersections of two streets shall be within 15 degrees of right angles to each other as measured at the street center lines.

Intersections of more than two streets at one point shall not be permitted.

Wherever possible, new local streets shall be aligned with existing local streets. Local street intersections with centerline offsets of less than 125 feet shall not be permitted.

Extensions. Streets which are extensions, continuations, or in alignment with any existing street, platted right-of-way, or recorded access easement shall bear the name of the existing street.

Root Name. The root street name (e.g., "Maple") shall not duplicate or be phonetically similar to any existing street name.

Suffix Name. Deviations in suffix names (e.g., "Street," "Court," or "Avenue") shall not constitute a unique name (for example, if Maple Street existed, the name "Maple Court" would not be permissible).

Large Developments. Streets within a large development or separate developments within close proximity may be authorized to use the same root name by the Plan Commission.

Existing Street Names and Address Numbers. Existing street names and address numbers that have been approved by the Plan Commission shall not be changed without Plan Commission approval.

Proposed Street Names and Address Numbers. The Plan Commission shall have authority to require a new unique name for any street if the name proposed by the applicant is unacceptable. If an acceptable and unique street name is not proposed by the applicant, the Plan Commission shall rename the street prior to final approval.

Identify the development with which the access street easement, or ingress/egress easement, is associated.

Grant future lot or unit owners and their users the right to access the easement for purposes of accessing their lot or unit.

Specify the financial responsibilities of the future lot or unit owners with respect to the repair, maintenance, and removal of the improvements.

Prohibit future lot or unit owners or any other person from placing any obstruction within the easement.

Require that the access street be built to the construction standards described in subsection (D) of this section.

Be binding on all heirs, successors, and assigns to the property on which the easement is located.

Be enforceable by the future lot or unit owners, the city, the county, and any other specially affected persons entitled to enforce the easement.

Provide for modification or termination in the manner stipulated in this title.

Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.

Include a metes and bounds description of the easement.

Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.

When a plan (e.g., secondary plat, development plan, etc.) is being recorded, the applicant may forego a separate easement instrument in favor of printing the following access street easement certificate on the recordable instrument:

The dedication and acceptance of the access street easement shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the property owner of record granting the easement, and a certificate of acceptance signed by an authorized representative of the future lot owners or unit owners.

If a declaration of covenants is included on the recordable instrument, the access street easement shall be clearly separate from the declaration of covenants.

Identify the development with which the private street easement is associated.

Grant future lot or unit owners and their users the right to access the easement for purposes of accessing their lot or unit.

Specify the financial responsibilities of the future lot or unit owners with respect to the alteration, repair, maintenance, and removal of the improvements.

Prohibit future lot or unit owners or any other person from placing any obstruction within the easement.

Require that the private street be built to the City of Angola's construction standards.

Be binding on all heirs, successors, and assigns to the property on which the easement is located.

Be enforceable by the future lot or unit owners, the city, and any other specially affected persons entitled to enforce the easement.

Provide for modification or termination in the manner stipulated in this title.

Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.

Include a metes and bounds description of the easement.

Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.

When a plan (e.g., secondary plat, development plan, etc.) is being recorded, the applicant may forego a separate easement instrument in favor of printing the following private street easement certificate on the recordable instrument:

The dedication and acceptance of private street easements shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the property owner of record granting the easement, and a certificate of acceptance signed by an authorized representative of the future lot owners or unit owners.

If a declaration of covenants is included on the recordable instrument, the private street easement certificate shall be clearly separate from the declaration of covenants.

Design.

Points of Ingress/Egress. A frontage street that is less than 300 feet in length or serves five or less properties shall have one ingress/egress. All other frontage streets shall be permitted up to two ingress/egress points onto streets within the proposed development.

Separation. Each ingress/egress shall be at least 150 feet from any intersection and any other ingress/egress on the same or opposite side of the street. Ingress/egress points that align across the street do not require separation.

Wayfinding system signs shall not be located within the vision clearance triangle as defined in AMC § 18.160.520, Vision clearance standards.

Wayfinding system signs may be located within rights-of-way with written authorization from the City Street Commissioner for developments within the city limits or County Highway Engineer for developments within the extraterritorial jurisdiction. However, the city Street Department or County Highway Department shall not be responsible for the maintenance or replacement of any wayfinding system signs.

Be in an amount equal to 125 percent of an engineer's estimated cost for the project if submitted at the beginning of the project. Should performance surety be sought while the project is under construction but not yet complete, the surety shall be in an amount equal to 125 percent of an engineer's estimated cost for the remaining construction of the project.

Run to and be in favor of the city if the improvement is within city limits or ultimately accepted by the city. An additional surety shall run to and be in favor of the county if the improvement is within the extraterritorial jurisdiction or ultimately accepted by the county.

Specify the date that the improvements are required to be completed by, both on and off site.

Be submitted in a form approved or provided by the Board of Public Works and Safety (e.g., bond or letter of credit).

The applicant shall propose a phase plan to the Board of Public Works and Safety prior to final approval by the Plan Commission. If the proposal is accepted, the applicant shall provide a performance surety for the first phase of the development and shall sign a binding agreement with the Board of Public Works and Safety stating that the applicant shall maintain ownership of all lots or land outside of each phase that has been approved for development. Absolutely no lot or property shall be sold or committed in phases of the development that have not been approved for commencement and that are not subject to a performance surety. Additionally, the applicant shall sign a contract with the Board of Public Works and Safety stating that it will support and not interfere with the vacation of plat, vacation of right-of-way, and/or reversion of approval granted to the applicant for any phases of the development yet to be authorized in the event that the applicant defaults on any authorized phase of the project requiring the Board of Public Works and Safety to claim the surety for its completion. Once default has occurred, at the request of the Board of Public Works and Safety or at the discretion of the Plan Commission, the Plan Commission may vacate the plat, vacate the right-of-way, and/or revert any approval granted to the applicant for phases left undeveloped in order to protect the City of Angola from having to pay for improvements to any phases that were left without a performance surety.

As-built drawings have been stamped by an engineer and submitted to the City Engineer;

The final construction has been inspected and certified by the City Engineer;

The infrastructure has been recognized as being completed by the Board of Public Works and Safety;

The infrastructure has been formally dedicated to the city and or county; and

A maintenance surety has been approved and accepted by the Board of Public Works and Safety.

Be for 20 percent of the total cost to complete the improvements. The costs shall be documented on a form provided by the City Engineer.

Be a type satisfactory to the Board of Public Works and Safety (e.g., bond or letter of credit).

Run to and be in favor of the city if the improvement is within city limits or ultimately accepted by the city. An additional surety shall run to and be in favor of the county if the improvement is within the extraterritorial jurisdiction or ultimately accepted by the county.

Specify that it shall expire after four years from the date the improvement was approved and dedicated. However, the Board of Public Works and Safety may reduce the duration of the maintenance surety by up to two years if cause, evidence, or risk assessment shows that a four-year duration is not necessary.

Be submitted in a form approved or provided by the Board of Public Works and Safety.

Warrant the workmanship and all materials used in the construction, installation, and completion of said improvements and that the installations are of good quality and have been constructed and completed in a workmanlike manner in accordance with standards, specifications and requirements of this title and the City of Angola's construction standards.

Include a certification from the developer that all improvements and installations for the development required for compliance with this title or the City of Angola's construction standards have been made or installed in accordance with the approved plans and specifications.

A private well may be permitted within the city's extraterritorial jurisdiction (i.e., outside the city limits) if: