Angola City Zoning Code

Structure. A structure constructed in violation of the zoning ordinance that was in effect when the structure was constructed and which remains in violation of the current unified development ordinance is an illegal nonconforming structure.

Use. A use that was in violation of the zoning ordinance that was in effect when the use was initiated and which remains in violation of the current unified development ordinance is an illegal nonconforming use. In addition, a use that was legally established and is not permitted under the current unified development ordinance, but has been abandoned or discontinued for a period of at least one year, is an illegal nonconforming use.

Lot. A lot established in violation of the zoning or subdivision control ordinance that was in effect at the time of establishment and which remains in violation of the current unified development ordinance is an illegal nonconforming lot.

Structure. A structure that does not meet one or more development standards of this title, but was legally established prior to the effective date of the ordinance codified in this title shall be deemed a legal nonconforming structure. Generally, a structure is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change. However, a legal nonconformity may be a result of government use of eminent domain or right-of-way acquisition.

Use. The use of a structure or land (or a structure and land in combination) that was legally established and has since been continuously operated, that is no longer permitted by this title in the zoning district in which it is located, shall be deemed a legal nonconforming use. Generally, a use is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change.

Lot. A lot that does not meet one or more lot standards of this title but was legally established and recorded prior to the effective date of the ordinance codified in this title shall be deemed a legal nonconforming lot of record. Generally, a lot is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change. However, a legal nonconformity may be a result of government use of eminent domain or right-of-way acquisition.

Building Expansion. A legal nonconforming building shall be permitted to expand in area and height as long as the nonconformity is not increased and the expansion otherwise meets the current unified development ordinance. For example, if a building is in violation of the maximum height standard, it can be expanded in area as long as the new addition does not exceed the maximum height standard and is otherwise in compliance with the current unified development ordinance.

Building Exterior Alteration. The exterior walls of a building shall not be moved except as provided in subsection (A)(1) of this section. Otherwise, the roof and exterior walls may be maintained, repaired, refaced, and modified, resulting in the original aesthetic character or an altered exterior character, as long as the building's nonconformity is not increased and the alteration otherwise meets the current unified development ordinance.

Building Interior Alteration. Ordinary repair and replacement of interior finishes, heating systems, fixtures, electrical systems, or plumbing systems; and interior wall modifications are not regulated by this title.

Building Relocating. A legal nonconforming building may be relocated if, by moving the building, it decreases the legal nonconformity and the relocation otherwise meets the current unified development ordinance.

Structure Alteration. A legal nonconforming structure shall be permitted to be altered in height, area, mass, and time as long as the nonconformity is not increased and the alteration otherwise meets the current unified development ordinance. For example, if a permanent sign is in violation of the maximum height standard, it can be altered as long as the alteration does not exceed the maximum height standard currently permitted and is otherwise in compliance with this title.

Structure Relocating. A legal nonconforming structure may be relocated if, by moving the structure, it decreases the legal nonconformity and the relocation otherwise meets the current unified development ordinance.

Conversion for Longevity. Converting a structural component of a legal nonconforming structure to a more permanent material in order to prolong legal nonconformity shall not be permitted. For example, a legal nonconforming permanent pole sign would not be permitted to replace its existing wood posts with metal posts even if dimensionally the same size.

Sign Alteration. A legal nonconforming sign shall not be permitted to be altered in height, area, mass (e.g., cabinet shape or size), or time unless the alteration brings the sign into full compliance with this title.

Sign Relocating. A legal nonconforming sign shall not be relocated any amount of distance unless, by moving the sign, it brings the sign into full compliance with this title.

Conversion for Longevity. Converting a structural component of a legal nonconforming sign to a more permanent material in order to prolong legal nonconformity shall not be permitted. For example, a legal nonconforming permanent pole sign would not be permitted to replace its existing wood posts with metal posts even if the two are dimensionally the same size.

Condemned Structures. If a structure, through lack of maintenance, is declared by an authorized official to be condemned due to its physical or unsafe condition, it shall lose its legal nonconforming status and become illegal nonconforming, unless the structure is restored or repaired within three months of the declaration. The Zoning Administrator may grant an appropriate extension of time if work was started within the initial three-month period and reasonable attempts are being made by the owner to remedy the condemnation.

Removal of Permanent Structures. If a permanent structure is fully or significantly removed or razed (i.e., 80 percent or more of the structure), the remaining permanent structure shall lose its legal nonconforming status and become illegal nonconforming, unless by significantly removing or razing the permanent structure the remaining permanent structure is in compliance or more in compliance with the current unified development ordinance.

Removal of Temporary Structures. If a temporary structure is removed (e.g., moved inside, taken off site, or replaced by a new temporary structure), the temporary structure shall lose its legal nonconforming status and become illegal nonconforming.

Flood. If a structure is severely damaged from a flood, resulting in a loss of either 50 percent of its market value or 50 percent of its structure, all reconstruction shall be required to meet the current unified development ordinance. All other flood damaged structures shall be allowed to rebuild the structure that previously existed. If the structure is located within a floodplain, see Chapter 15.20 AMC, Flood Hazard Prevention.

Acts of God. If a structure is severely damaged from an act of God, excluding flooding, resulting in a loss of either 70 percent of its market value or 70 percent of its structure, all reconstruction shall be required to meet the current unified development ordinance. All other structures damaged by an act of God shall be allowed to rebuild the structure that previously existed.

Combining Lots Results in Conformity. If a legal nonconforming lot is combined with an adjacent lot resulting in conformity with the current unified development ordinance, it shall lose its legal nonconforming status. Therefore, future division of the combined lot shall conform to the current unified development ordinance.

Lots in Combination. If a legal nonconforming lot is owned by the same person as the adjacent lot, and the owner uses both lots in combination for a duration of more than five years, the legal nonconforming lot shall lose its legal nonconforming status; provided the two or more lots in combination would constitute a single conforming lot.

Permanent Structure Across Property Lines. If a legal nonconforming lot is owned by the same person as the adjacent lot, and the owner constructs a permanent structure across the property line, thus permanently using two lots in combination, the legal nonconforming lot shall lose its legal nonconforming status; provided the two lots in combination would constitute a single conforming lot.

Agricultural. With respect to agricultural legal nonconforming uses, nothing in this section shall be interpreted in a manner that is inconsistent with IC 36-7-4-616, Zoning ordinance; agricultural nonconforming use.

Utilizing Existing, Enlarged, New, or Relocated Buildings. A legal nonconforming use shall be permitted to occupy or use an existing building, enlarged existing building, newly constructed building, or relocated building, provided the building meets the current unified development ordinance.

Utilizing Existing, Altered, New, or Relocated Structures. A legal nonconforming use shall be permitted to utilize an existing structure, altered existing structure, newly constructed structure, or relocated structure, provided the building meets the current unified development ordinance.

Utilizing Land. Any legal nonconforming use shall be permitted to utilize its lot, or lots owned in combination upon the effective date of the ordinance codified in this title, provided the utilization of land meets the current unified development ordinance.

Increase in Nonconformity. No legal nonconforming use shall be permitted to increase its nonconformity. The size of operation, number of employees, increase to vehicular traffic and similar increases in size do not increase nonconformity of a use. For example, a five-acre legal nonconforming junkyard that expands its operations onto five more acres of land it previously owned does not qualify as an increase in nonconformity; it's still a junkyard. However, if the same junkyard adds a compactor facility which previously did not exist, that would qualify as an increase in nonconformity.

Expanding Existing Building. A legal nonconforming use shall be permitted to expand an existing building one time, provided the addition meets the provisions in this title. If a use has multiple buildings associated with it, each building may be expanded up to one time, provided the addition meets the provisions of this title.

Abandonment of Use. If a legal nonconforming use is abandoned or is discontinued for six or more months, except when a government action impedes access to the premises, it shall lose its legal nonconforming status. Any subsequent use shall conform to the provisions of the current unified development ordinance.

Change of Use. When a legal nonconforming use is changed, altered, or evolves to be in compliance or more in compliance with the current unified development ordinance, the legal nonconforming use status is lost or partially lost. The current use cannot revert back to the original legal nonconforming use or increments thereof.

Documents. Adopt, reject or amend the Angola Comprehensive Plan, strategic plans or unified development ordinance that has been certified and submitted by the Plan Commission.

Amendments. Adopt, reject or amend proposals to amend or partially repeal the text of the Angola Comprehensive Plan, strategic plans or unified development ordinance that have been certified and submitted by the Plan Commission.

Zoning Map. Adopt, reject or amend proposals to amend the official zoning map certified and submitted by the Plan Commission.

Fee Schedule. Adopt, reject or amend a fee schedule.

Enforcement. Enforce regulations and procedures of the Angola Comprehensive Plan and unified development ordinance to the extent of the local resolutions, ordinances and state of Indiana law.

Other. Other duties as permitted by Indiana Code.

Document Amendment Initiation. Initiate amendments to the Angola Comprehensive Plan, strategic plans, or unified development ordinance by making the proposal to the Plan Commission.

Zoning Map Amendment Initiation. Initiate amendments to the official zoning map by making the proposal to the Plan Commission.

Other. Other powers as permitted by Indiana Code.

Documents. Adopt and maintain the Common Council approved Angola Comprehensive Plan and unified development ordinance as authorized under Indiana state law.

Rules and Procedures. Adopt and maintain rules and procedures for holding meetings, holding public hearings, and administrating and enforcing the Angola Comprehensive Plan and unified development ordinance.

Records. Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission.

Materials. Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission.

Process and Seal. Adopt and maintain a permitting process and seal used to certify official or approved documents.

Recommendations for Documents. Certify and submit recommendations to the Common Council including new versions of and revisions to the Angola Comprehensive Plan, unified development ordinance, and official zoning map.

Recommendations for Planned Developments. Certify and submit recommendations to the Common Council for adopting a planned development district.

Fiscal Records. Maintain monetary and fiscal records of the Plan Commission.

Budget. Prepare and submit an annual budget to the Common Council.

Plats. Approve or deny plats or replats of subdivisions.

Waivers. Approve or deny request for waivers to the subdivision requirements of this title.

Development Plans. Approve or deny development plans and amendments to development plans.

Names. Approve or deny proposed subdivision names, street names and addresses in new developments.

Enforcement. Enforce regulations and procedures of the Comprehensive Plan and unified development ordinance to the extent of the local resolutions, ordinances and state of Indiana law.

Other. Other duties as permitted by Indiana Code.

Staff. Hire, remove, and determine job descriptions for support staff with the Office of Economic Development and Planning.

Committees. Establish advisory committees as necessary.

Funding. Seek funding assistance through grant programs as necessary.

Distribution. Distribute copies or summaries of the Angola Comprehensive Plan or unified development ordinance to the general public and development community.

Compensation. Determine the compensation for support staff and members as provided within the budget submission to Common Council.

Other. Other powers as permitted by Indiana Code.

The Plan Commission may establish a Plat Committee in accordance with IC 36-7-4-402 and 36-7-4-701. The Plat Committee has authority to approve or deny primary plats, secondary plats/plat amendments, and plat vacations as listed in AMC § 18.192.110, General, through 18.192.150, Plat vacation.

Appeals. Hear and determine appeals from, and review any order, requirement, decision, or determination made by an administrative official or commission (except the Plan Commission) charged with the enforcement of this title.

Exceptions. Authorize exceptions to the zoning district and overlay district regulations only in the classes of uses or in particular situations as specified in this title.

Variances. Authorize, on appeal in specific cases, variances from the terms of this title.

Interpretations. Interpret the official zoning map.

Other. Other duties as permitted by Indiana Code.

Plan Commission Files. Maintain complete records of all meetings, hearings, correspondences, budgets, rules and procedures, memberships, term expirations and general affairs of the Plan Commission.

Plan Commission Meetings. Serve as staff for the Plan Commission and any of its committees by setting agendas, conducting research, distributing meeting information, and serving as Plan Commission Secretary.

Publish. Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission.

Public Interaction. Be available as a first point of contact for planning and zoning questions from the public.

Administrative Decisions. Make administrative decisions based on the standards and procedures in this title.

Interpretations. Interpret the standards in this title.

Applications. Process applications submitted to the Office of Economic Development and Planning.

Review. Review permit applications and issue or deny permits submitted to the Office of Economic Development and Planning.

Inspections and Enforcement. Complete field inspections of improvements, structures, and uses to verify compliance with this title.

Recommendations. Prepare and present Plan Commission recommendations to other commissions and boards.

Other. Other duties that may be delegated by the Plan Commission from time to time.

Constructing or installing a primary structure;

Constructing or installing an accessory dwelling unit;

Constructing an addition to the primary structure;

Constructing or installing an accessory structure;

Modifying a structure's height;

Installing a wind turbine system;

Installing or modifying a driveway;

Constructing or modifying off-street parking;

Adding impervious surface;

Constructing a public sidewalk;

Constructing a deck or patio;

Constructing or altering a fence;

Installing a permanent sign;

Installing a swimming pool;

Constructing a recreation pond;

Installing a well or septic system.

Softscaping and Hardscaping. Installing trees, shrubs, plants, and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging, and small retaining walls) are exempt from obtaining an improvement location permit as long as there is no adverse effect to drainage.

Sign Content Change. Sign content may be changed without having to receive an improvement location permit.

Flagpole. Flagpoles may be installed without obtaining an improvement location permit.

Play Set. Play sets that do not project more than 10 feet above the ground and have a footprint less than 200 square feet may be installed without obtaining an improvement location permit.

Type 1 Home Based Business. Type 1 home businesses may commence without obtaining an improvement location permit.

Property Maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit.

Adding or Changing Light Fixtures. Light fixtures may be added or changed without obtaining an improvement location permit.

Building Permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with this title, most projects with any type of building will also have to be reviewed for compliance with the building code. The review for compliance with the building code is conducted by the Building Official. See AMC Title 15, Buildings and Construction, for information regarding building permits and certificates of occupancy.

Site Improvement Permit. An improvement location permit does not authorize compliance with the city's stormwater management ordinances. Concurrent to having a project reviewed for compliance with this title, most projects will also have to be reviewed for compliance with the stormwater management ordinance. The review for compliance with the stormwater management ordinance is conducted by the MS4 Coordinator. See Chapter 13.15 AMC, Stormwater Management, for information regarding the site improvement permit.

Other Permits. An improvement location permit does not authorize compliance with any county, state or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.

Application. Application for an improvement location permit shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form:

For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment:

For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment:

For Establishment of a New Land Use or Change to an Existing Land Use. The following supporting information shall be provided on a site plan, application form, or as an attachment:

Deadline. Applications for an improvement location permit may be filed any time.

Fees. The applicable fee from the city's fee schedule shall be paid after the Zoning Administrator has reviewed the proposal and found it to be compliant. The Zoning Administrator will notify the applicant at the time payment is required. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an improvement location permit application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Substantially Complete Application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator must first verify that the application form and required supplemental information have been submitted correctly, and the applicable application fee is paid.

Review the Project's Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with this title. The Zoning Administrator may consult with the City Engineer, Building Commissioner, Park Superintendent, or any other person, department, or group to determine if the project complies with all of the provisions of this title. During the review process, the Zoning Administrator may:

Render a Decision. The Zoning Administrator shall render a decision to deny or decision to approve based on the information submitted, project review, discretion exercised, and interpretations made.

Issuing an Improvement Location Permit. If the proposed project complies with this title, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit.

Decision to Deny. If the proposed project does not comply with this title, the Zoning Administrator shall not issue an improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with this title, the applicant may promptly revise the application, or may promptly pursue relief from this title.

Allowance for Revision Prior to a Decision. At the discretion of the Zoning Administrator, the applicant may be permitted to modify the site plan, application form, or attachments prior to a decision by the Zoning Administrator.

Allowance for Revision After a Decision. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with this title without terminating the process.

Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards, or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within 60 days from notification.

Commencement. After an improvement location permit is issued, the project shall commence within 12 months of the issuance date or shall become null and void.

Expiration. After an improvement location permit is issued, the project shall be completed within 36 months of the issuance date or shall become null and void.

Extensions. Upon request by the applicant, an improvement location permit may be extended one time for up to 12 months. The Zoning Administrator may grant the requested extension. Both the request for the extension and the Zoning Administrator's decision concerning the extension shall be made part of the improvement location permit file.

Or if:

If a modification is allowed, the Zoning Administrator shall request any necessary information, shall review the modification for its compliance to this title, and then render a decision. If the proposed modification meets the provisions of this title, the improvement location permit may be amended and filed. If denied to be considered or denied for noncompliance, the modification shall be disallowed.

Temporary sign;

Sidewalk or tent sale;

Model home;

Tent sale;

Firework sale;

Construction trailer;

Temporary outdoor storage.

Real estate signs.

Application. Application for a temporary improvement location permit shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per all applicable requirements described below.

Establishment of a Temporary Use of Land or Structure. The following application and supporting information, when applicable, shall be provided on a site plan, application form, or as an attachment:

Deadline. Applications for a temporary improvement location permit may be filed any time.

Fees. The applicable fee from the city's fee schedule shall be paid after the Zoning Administrator has reviewed the proposal and found it to be compliant. The Zoning Administrator will notify the applicant at the time payment is required. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a temporary improvement location permit application that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Substantially Complete Application. An application for a temporary improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall first verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.

Review the Project's Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with this title. The Zoning Administrator may consult with the City Engineer, Building Commissioner, Park Superintendent, or any other person, department, or group to determine if the project complies with all of the provisions of this title. During the review process, the Zoning Administrator may:

Render a Decision. The Zoning Administrator shall render a decision to deny or decision to approve based on the information submitted, project review, discretion exercised, and interpretations made.

Issuing a Temporary Improvement Location Permit. If the proposed project complies with this title, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue a temporary improvement location permit.

Decision to Deny. If the proposed project does not comply with this title, the Zoning Administrator shall not issue a temporary improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing a temporary improvement location permit and send that information to the applicant by email or U.S. mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with this title, the applicant may promptly revise the application, or may promptly pursue relief from this title.

Allowance for revision prior to a decision: not applicable.

Allowance for Revision After a Decision to Deny. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with this title without terminating the process.

Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal or variance from development standards. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within 30 days from notification.

Commencement. After a temporary improvement location permit is issued, the permit shall expire after the last approved date for the temporary use and/or structure.

Permit Expiration. A temporary improvement location permit shall be issued for the dates requested by the applicant and within the ordinance limits as described in AMC § 18.160.460 through § 18.160.500, Temporary use and structure standards. The permitted dates shall be displayed on the temporary improvement location permit.

Extensions: not applicable.

Petition. Petition for administrative appeal shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per the requirements described below.

Information to Be Submitted. The following information shall be provided on the petition form:

Deadline. A petition for an administrative appeal shall be filed with the Board of Zoning Appeals within 30 days of the decision, interpretation, order determination, or action that is the subject of the appeal.

Suspension of Work. Work related to the decision, interpretation, order determination, or action being appealed shall be suspended until the administrative appeal is complete, or until the Board of Zoning Appeals authorizes full or partial work to resume prior to a Board of Zoning Appeals decision.

Fees. The applicable fee shall be paid at the time the petition for administrative appeal is filed.

Substantially Complete Petition. A petition for an administrative appeal shall not be issued a docket number or be scheduled for hearing by the Board of Zoning Appeals until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall verify that the petition form and required supplemental information have been submitted correctly, and the applicable petition fee is paid.

Assignment. Once a petition for an administrative appeal has been determined substantially complete, the Zoning Administrator shall assign a case number and place the appeal on the agenda of the Board of Zoning Appeals. The Zoning Administrator shall inform the petitioner, in writing, of the date and time of the Board of Zoning Appeals meeting at which the appeal is to be heard.

Public and Interested Party Notice. The petitioner shall be responsible for providing public notice in accordance with the Board of Zoning Appeals Rules and Procedures. The petitioner shall also be responsible for returning proof of public notice to the Zoning Administrator at least three business days before the meeting at which the appeal is to be heard. Failure to submit proof of notice may result in the administrative appeal being continued to the following month's Board of Zoning Appeals meeting.

Transfer of Information.

Review. The Board of Zoning Appeals shall hear the administrative appeal at a regularly scheduled public meeting according to their Rules and Procedures. The Board of Zoning Appeals may consider information conveyed to them in writing and testimony during the hearing in making a decision.

Decision. Following the hearing and review, the Board of Zoning Appeals may reverse, affirm, or modify the decision, interpretation, order determination, or action from which the appeal stems. The Board of Zoning Appeals may also add conditions to its decision when warranted.

Appeal. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Circuit or Superior Court of Steuben County.

Application. An application for a special exception shall be made on forms provided by the Zoning Administrator.

Supporting Information. The following items shall accompany a completed application for a special exception:

Deadline. An application for a special exception shall be filed by the deadline established in the Board of Zoning Appeals Rules and Procedures.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a special exception is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a special exception that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. An application for a special exception, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Board of Zoning Appeals agenda in accordance with the Board of Zoning Appeals Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the meeting date.

Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a special exception and/or information from other departments that have reviewed the application for a special exception. A copy of such report shall be made available to the applicant and anyone who requests a copy.

Public Notice. Public notice shall be provided in accordance with the Board of Zoning Appeals Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a special exception and to address and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a special exception.

Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals Rules and Procedures.

Review. At its regularly scheduled public meeting, the Board of Zoning Appeals shall review:

Decision. The Board of Zoning Appeals shall make findings of fact and take final action or continue the application for a special exception to a defined future meeting date.

Jurisdiction. Projects within the jurisdictional area of the Plan Commission that are unable to meet the provisions of this title may apply for a variance. Variances are applicable to the following zoning districts:

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a variance that has been denied by the Board of Zoning Appeals within the last 12 months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a variance containing major changes may justify refiling within the aforementioned 12-month period.

Eligible Applicants. An application for a variance may be filed by the owner, his agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

Preapplication Meeting. Prior to submitting an application for a variance, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, ordinance provisions, the application packet, and the procedure involved.

Application. Application for a variance shall be made on a form provided by the Zoning Administrator.

Supporting Information.

Deadline. An application for a variance shall be filed by the deadline in the Board of Zoning Appeals Rules and Procedures.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a variance is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a variance that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. An application for a variance, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Board of Zoning Appeals agenda in accordance with the Board of Zoning Appeals Rules and Procedures. The Zoning Administrator shall notify the applicant, in writing, of the date of the meeting.

Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment on the proposed project. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a variance and/or information from other departments that have reviewed the application for a variance. A copy of such report shall be made available to the applicant and anyone that requests a copy.

Public Notice. Public notice shall be provided in accordance with the Board of Zoning Appeals Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a variance and address and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a variance.

Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals Rules and Procedures.

Review. At their regularly scheduled public meeting, the Board of Zoning Appeals shall review:

Decision. The Board of Zoning Appeals shall make findings of fact and take final action or continue the application for a variance to a defined future meeting date.

Development Standards Variance. A development standards variance granted by the Board of Zoning Appeals shall run with the land until such time as the property conforms with this title unless conditions to the contrary are placed on the approval. If construction of the proposal has not commenced within one year of the date the development standards variance was approved, the approval shall become null and void.

Use Variance. A use variance granted by the Board of Zoning Appeals may run with the land or applicant until such time as:

Development Standards Variance. Modification of a development standards variance that makes a project more compliant with the provisions of this title may be authorized by the Zoning Administrator. Modification of a development standards variance that makes a project less compliant with the provisions of this title shall refile an application for a variance or other appropriate application.

Use Variance. Modification of use variance shall not be permitted. Any modification of an approved use variance shall meet all of the provisions of this title or refile an application for a variance or other appropriate application.

General. Development plan approval shall be required prior to an improvement location permit being issued for:

Subdivisions. For subdivisions, development plan approval may be reviewed concurrently with the secondary plat. However, the secondary plat shall be approved prior to the development plan or a condition shall be placed on the development plan stating "The development plan approval shall become null and void if the associated secondary plat is never approved and recorded."

Single-Family Detached Residential. Any lot being developed for a single-family detached residence or its accessory structures shall be exempt from development plan approval.

Agriculture Sites and Buildings. Any lot being solely used for agricultural purposes shall be exempt from development plan approval.

Temporary Use of Land or Structure. Any temporary use of land or structure shall be exempt from development plan approval.

Establish a New Land Use or Change an Existing Land Use. Establishing a new land use or changing an existing land use shall be exempt from development plan approval.

Application. Application for development plan approval shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form:

Deed. The recorded deed(s) for the property.

Site Plan. A site plan, drawn to scale, that includes the following items:

Building Elevations. Representative building elevations for façades of primary structures with sufficient detail to illustrate the character of the development.

Access and Circulation. A site access and circulation plan shall be required, by may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale.

Utility Plan. A utility plan shall be drawn to scale and shall include the following items:

Erosion Control and Stormwater Management Plan. An erosion control and stormwater management plan shall be drawn to scale. The plans shall include the following items:

Traffic Impact Study.

Statement of Development Build-Out. The application shall indicate, either on the required site plan or in writing, a statement of:

Landscape Plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed green space and landscaping on the site showing how the proposed landscaping meets or exceeds the standards in AMC § 18.156.190, Perimeter landscape standards, and Chapter 18.172 AMC, Landscaping Standards.

WH-O District Requirements. If the proposed development is in the WH-O District, the applicant shall submit the following:

Deadline. Two hard copies of the application for development plan approval; two hard copies of all supporting information; one digital copy of the application for development plan approval and supporting information in PDF (portable document format); and one digital copy of any drawings or plans in DWG format shall be submitted by the deadline established in the Plan Commission Rules and Procedures.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for development plan approval is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a development plan that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. Development plans which are determined to be substantially complete and in proper form by the Zoning Administrator shall be assigned a case number and placed on the first available Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the date of the meeting and provide the applicant with a legal notice.

Internal Review. Upon assignment of a case number and hearing date, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed development plan and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the development plan, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the development plan and information from the Technical Advisory Committee and/or other agencies that have reviewed the development plan. A copy of such report shall be made available to the applicant and anyone who requests a copy.

Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for development plan approval.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. At their regularly scheduled public meeting, the Plan Commission shall review:

Decision. The Plan Commission shall make findings of fact and take final action or continue the application for development plan approval to a defined future meeting date.

Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting certification of completion from the Zoning Administrator.

Supporting Information. The following information shall accompany the applicant's letter requesting certification of completion from the Zoning Administrator:

Minor Amendments. Minor amendments to approved development plans which do not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments comply with the standards in this title and do not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

Major Amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for development plan approval.

Greater flexibility in applying the ordinances to mixed zoning classifications.

Innovative approaches to meet the demands of the housing, commercial, and business markets.

The recognition of the interdependency of the housing, commercial, and business markets.

The establishment of creative and unique developments that would not otherwise be able to be developed under the provisions of the city's standard zoning district regulations.

The planning and development of mixed zoning classifications to be consistent with the best interest of the jurisdictional area of the Plan Commission, and the applicable ordinances.

The planned development district ordinance and establishment plan.

The planned development detailed development plan.

The planned development final development plan.

Planned Development District Ordinance. The purpose of the planned development district ordinance is to:

Establishment Plan. The purpose of an establishment plan is to delineate basic elements such as land uses, vehicular and pedestrian traffic patterns, drainage, perimeter buffer yards, etc.

Detailed Development Plan. The process for the detailed development plan can occur concurrent to the district ordinance and establishment plan.

Ownership. Planned developments shall be initiated by the owners of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from all owners shall accompany the application.

Preapplication Meeting. Prior to submitting an application for a planned development, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property.

Application. Application for a planned development shall be made on a form provided by the Zoning Administrator.

Supporting Information. The application for a planned development shall be accompanied by the following information:

Deadline. Two hard copies of the application for a planned development; two hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in PDF (portable document format); and one digital copy of any drawings in DWG file format shall be submitted by the deadline established in the Plan Commission Rules and Procedures.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a planned development establishment plan is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development establishment plan that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. An application for a planned development, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the date of the meeting.

Internal Review. Upon assignment of a case number and hearing date, the Zoning Administrator shall review the application for a planned development and all supporting information. While the establishment plan is conceptual, the Zoning Administrator may forward the establishment plan and any other relevant information to the Technical Advisory Committee, Plan Commission legal counsel, Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments, or other applicable agencies. The Zoning Administrator may submit a written report to the Plan Commission stating facts concerning the physical characteristics of the area involved in the planned development, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the planned development and information from any other agencies that reviewed the planned development. A copy of such report shall be made available to the applicant and anyone who requests it.

Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Plan Commission meeting to explain the proposed planned development and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a planned development.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. At their regularly scheduled public meeting, the Plan Commission shall review:

Decision. The Plan Commission shall take final action or continue the application for a planned development to a defined future meeting date.

Commitments and Conditions. In conjunction with its recommendation to the Common Council, the Plan Commission may recommend written commitments and/or conditions for approval. Commitments and/or conditions shall be recorded in the office of the Steuben County Recorder prior to the Common Council's second reading of the planned development district ordinance and establishment plan. The applicant shall deliver a copy of the recorded commitments and/or conditions to the Zoning Administrator.

Planned Development District Ordinance. An amendment to the text of the planned development district ordinance shall follow the process in AMC § 18.192.160, Unified development ordinance – Text amendment.

Establishment Plan. Modification to an establishment plan shall be explained and illustrated during a planned development detailed development plan review and approval process, unless the Zoning Administrator determines the modification is significant enough to change the character and intent of the planned development. In such cases, a new application for a planned development shall be required.

Commitments and Conditions. Commitments and conditions associated with a planned development district ordinance and establishment plan shall only be modified or terminated by a decision of the Common Council made at a public hearing.

Planned Development District Ordinance and Establishment Plan. The planned development district ordinance and establishment plan shall be approved by the Plan Commission prior to submitting a planned development detailed development plan. If approval included commitments and/or conditions, those commitments and/or conditions shall be recorded in the office of the Steuben County Recorder.

Application. Application for a planned development should be on file with the Zoning Administrator from the planned development district ordinance and the establishment plan.

Supporting Information. The following information shall be submitted for the planned development detailed development plan review process:

Deadline. Two hard copies of the application for a planned development detailed development plan; two hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in PDF (portable document format); and one digital copy of any drawings in DWG file format shall be submitted by the deadline established in the Plan Commission Rules and Procedures.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a planned development detailed development plan is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development detailed development plan that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. A planned development detailed development plan, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the meeting date.

Internal Review. Upon assignment of a case number and hearing date, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed planned development detailed development plan and asked to review and comment. The Zoning Administrator may request a formal meeting of the Technical Advisory Committee and request the applicant's presence at that meeting. Following a thorough review, the Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the planned development detailed development plan, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the planned development detailed development plan and information from the Technical Advisory Committee and/or other agencies that have reviewed the planned development detailed development plan. A copy of such report shall be made available to the applicant and anyone who requests a copy.

Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the planned development.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. At their regularly scheduled public meeting, the Plan Commission shall review:

Decision. The Plan Commission shall make findings of fact and take final action or continue the planned development detailed development plan to a defined future meeting date.

Minor Amendments. A minor amendment to an approved planned development detailed development plan which does not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendment does not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

Major Amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new planned development detailed development plan.

Planned Development Detailed Development Plan. The planned development detailed development plan shall be approved by the Plan Commission prior to submitting a planned development final development plan. If planned development detailed development plan approval included conditions, those conditions shall be recorded in the office of the Steuben County Recorder.

Infrastructure. A planned development shall have all of the infrastructure improvements proposed in the planned development detailed development plan that are intended to be dedicated to the city installed to meet the City of Angola's construction standards, or the applicant shall have financial security for the cost of the infrastructure improvements in compliance with AMC § 18.156.330, Surety standards.

Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting planned development final development plan approval. The original application for a planned development should be on file with the Zoning Administrator from the planned development district ordinance and the establishment plan.

Supporting Information. The following information shall accompany the applicant's letter requesting planned development final development plan approval:

Deadline. Planned development final development plan approval shall be requested within two years of the approval of planned development detailed development plan by the Plan Commission.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a planned development final development approval is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development final development approval that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. The Zoning Administrator shall review the letter requesting planned development final development plan approval and all supporting information. Based on the history and the complexity of the project, the Zoning Administrator shall determine if the planned development final development plan should be presented to the Plan Commission. Should the Zoning Administrator determine Plan Commission review is necessary, the Zoning Administrator shall assign the planned development final development plan a case number and place it on the Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing if Plan Commission review is necessary and the date of the meeting, if applicable.

Review. The Zoning Administrator shall provide the letter requesting planned development final development plan approval, the supporting information, and a comment sheet to all applicable departments and agencies. Each department shall determine if the infrastructure improvements installed or proposed to be installed meet the City of Angola's construction standards and establish adequate connection to the existing and future systems. If applicable, each department shall also review applicable cost estimates for reasonableness. Each department shall return the comment sheet with any comments or concerns concerning the infrastructure or the project. If it has been determined that Plan Commission review is required, the comment sheets shall be forwarded to the Plan Commission for review at the meeting.

Public Notice. Notice and public hearing shall not be required for planned development final development plan.

Decision. Based on comments from departments, the Zoning Administrator or the Plan Commission shall approve, approve with conditions, or deny planned development final development plan.

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

Buildable Lots. Divisions of land recorded at the Office of the Steuben County Recorder without being approved as a primary/secondary plat, plat amendment (replat), administrative subdivision or that are not listed as an exemption shall not result in buildable lots.

Exemptions. The following splits are not considered a subdivision of land and are exempt from the subdivision processes outlined in this title:

Purpose and Intent. The Plan Commission may appoint a Plat Committee to hold hearings on and approve plats, amended plats, and plat vacations on behalf of the Plan Commission. The Plat Committee shall be established and maintained in accordance with the Plan Commission Rules and Procedures.

Authorization. The Plat Committee may grant approval for minor subdivisions of land, plat vacations, and plat amendments (replats).

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

Applicable Actions.

Eligible Applicant. An application for an administrative subdivision shall be initiated by the owner(s) of all applicable lots or the owner's authorized agent. If an authorized agent files an application, a signed and notarized affidavit shall be submitted with the application.

Removing Unnecessary Driveway Cuts. Under the actions listed in subsections (B)(2)(a) and (b) of this section, preexisting driveway cut(s) for the dissolved lots are encouraged to be vacated and removed, including the apron within the right-of-way.

Restrictions. An administrative subdivision petition that includes one or more of the following elements or conditions shall not be permitted to utilize the administrative subdivision process:

Application. An application for an administrative subdivision shall be made on forms provided by the Zoning Administrator.

Deed. Recorded deed(s) for the property.

Site Plan. A site plan, drawn to scale, that includes the following items:

Deadline. Not applicable.

Submittal Material. The following items shall be submitted with the application:

Fee. The applicable fee from the city's fee schedule shall be paid at the time the application for administrative subdivision is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an administrative subdivision application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. An application for an administrative subdivision, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number.

Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed administrative subdivision and asked to review and comment.

Decision. The Zoning Administrator, upon receiving comments from the Technical Advisory Committee, shall make determination as to whether the petition complies with subsections (B)(1), Applicable Zoning Districts, (B)(2), Applicable Actions, and (C), Prerequisites, of this section, and satisfactorily addresses any comments or concerns raised by the Technical Advisory Committee. If the petition is in compliance, all submitted copies shall be approved and signed by the Zoning Administrator.

Report to Plan Commission. At the first regularly scheduled Plan Commission meeting after an administrative subdivision approval, the approval shall be reported to the Plan Commission.

Failure to Record. If an approved and signed administrative subdivision and requisite deed(s) are not recorded within 30 days from the date of approval and signature, the application and approval shall be deemed void. The Zoning Administrator shall report the failure to record the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred, and shall notify the petitioner, and shall clearly note failure to record in the County's record.

Affirm the decision of the Zoning Administrator;

Affirm the decision of the Zoning Administrator with additional conditions and/or commitments;

Reverse the decision of the Zoning Administrator; or

Continue the petition to a definite future meeting date.

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

Exemptions. Condominiums regulated by IC 32-25 are exempt from this subdivision process outlined in this title.

Eligible Applicant. An application for primary plat petition shall be initiated by the owner of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized affidavit from the owner shall accompany the application.

Preapplication Meeting. Prior to submitting an application for a primary plat, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances, review the procedures, and examine the proposed use and development of the site.

Minor Plat Restrictions. A proposed division of land that includes one or more of the following shall not be considered a minor plat, but shall be considered a major plat and be heard by the Plan Commission:

Application. An application for a primary plat shall be made on forms provided by the Zoning Administrator.

Deed. Recorded deed(s) for the property.

Site Plan. A site plan, drawn to scale, that includes the following items:

Access and Circulation. A site access and circulation plan shall be required, but may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale and shall include the following items:

Traffic Impact Study.

Utility Plan. A utility plan, drawn to scale, including the following items:

Statement of Development Build-Out. The applicant shall indicate, either on the required site plan or in writing, a statement of:

Landscape Plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed perimeter landscaping and other landscaping that meets or exceeds the standards detailed in Division IV, Subdivisions, and Division V, Design Standards, of this title.

Requested Waivers. An applicant may request up to two waivers for standards in Division V, Design Standards, of this title.

One hard copy of the application and applicable affidavits.

Two hard copies of the plans.

A .pdf (portable document format) copy of the application, plans, and all supporting documentation.

A .dwg (drawing format) copy of the primary plat in Indiana East State Plane Coordinate System.

Assignment. An application for a primary plat, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number. A minor primary plat shall be placed on the first Plat Committee agenda in accordance with the Plan Commission Rules and Procedures. A major primary plat shall be placed on the first Plan Commission agenda in accordance with Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the meeting date.

Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed primary plat and asked to review and comment.

Public Notice. Public notice shall be provided in accordance with Plan Commission Rules and Procedures. The costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the respective Plat Committee or Plan Commission meeting to present and explain the application for the primary plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for primary plat.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. At their regularly scheduled public meeting, the Plat Committee or Plan Commission shall review:

Decision.

Minor Amendments. Minor amendments to an approved primary plat which do not involve an increase in the number of lots or intensity of land uses; designation of additional land uses; the reduction in perimeter yards; changes to circulation; the addition of driveways or access points; or reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. An example of a minor amendment could be the relocation of an easement. A minor amendment authorized by the Zoning Administrator shall be reported to the Plat Committee and/or Plan Commission at the next regular meeting.

Major Amendments. If the Zoning Administrator or City Engineer determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in the number of lots, or intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for the primary plat.

Affirm the decision of the Plat Committee;

Affirm the decision of the Plat Committee with additional conditions and/or commitments;

Reverse the decision of the Plat Committee; or

Continue the petition to a definite future meeting date.

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

No secondary plat or plat amendment (replat) of a subdivision of land shall be recorded in the Office of the Steuben County Recorder until the plat has been approved by the Plan Commission, Plat Committee, or Zoning Administrator in accordance with the following requirements, standards, and specifications, and such approval has been entered in writing on the plat by the President of the Plan Commission, Chair of the Plat Committee, or the Zoning Administrator.

Primary Plat. The application for a primary plat shall be approved by the Plat Committee or Plan Commission. If the primary plat approval included commitments, those commitments shall be recorded in the Office of the Steuben County Recorder.

Infrastructure. A subdivision that is the subject of a secondary plat or plat amendment (replat) shall have all of the infrastructure improvements proposed in the primary plat installed to meet City of Angola's construction standards and accepted by the Board of Public Works and Safety, or the applicant shall have posted a performance surety for the cost of the infrastructure improvements that complies with AMC § 18.156.330, Surety standards.

Application. The applicant shall submit an application form provided by the Zoning Administrator, including the status of infrastructure improvements.

Plat for Recording. The applicant shall provide a plat for recording purposes that includes the following:

One hard copy of the application and applicable affidavits.

Two hard copies of the plans.

A .pdf (portable document format) copy of the application, plans, and all supporting documentation.

A .dwg (drawing format) copy of the primary plat in Indiana East State Plane Coordinate System.

Assignment. The Zoning Administrator shall review application and all supporting information. Should the Zoning Administrator determine Plan Commission or Plat Committee approval is necessary, the Zoning Administrator shall assign the secondary plat or plat amendment (replat) a case number and place it on the Plan Commission or Plat Committee agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant, in writing, if Plan Commission or Plat Committee approval is necessary and the date of the meeting. If the secondary plat or plat amendment (replat) cannot be approved administratively, the secondary plat or plat amendment (replat) shall be heard by the body that initially heard it, unless noted otherwise. For plats approved and recorded prior to the administrative subdivision and Plat Committee approval, the Zoning Administrator shall have discretion as to whether the secondary plat or plat amendment (replat) should be presented to the Plat Committee or Plan Commission.

Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed secondary plat/plat amendment (replat) and asked to review and comment.

Public Notice. Public notice shall be provided in accordance with Plan Commission Rules and Procedures if secondary plat/plat amendment (replat) requires Plan Commission approval. All costs associated with providing public notice shall be borne by the applicant.

Review and Decision. The Zoning Administrator shall, based on comments from the Technical Advisory Committee, approve, approve with conditions, or deny the secondary plat/plat amendment (replat). In cases where the secondary plat or plat amendment (replat) is being heard by the Plan Commission or Plat Committee, the Plan Commission or Plat Committee shall review the comments from the Zoning Administrator and Technical Advisory Committee at a regularly scheduled public meeting and approve, approve with conditions or commitments, or deny the secondary plat/plat amendment (replat).

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

Public Right-of-Way. Vacation of a plat does not vacate an improved public right-of-way. The Angola Common Council shall approve improved right-of-way vacation following the statutory requirements in IC 36-7-3-12.

Eligible Applicant. An application for a plat vacation petition shall be initiated by all affected property owners of the land in a recorded plat. If the plat vacation petition includes the entirety of the recorded plat, the application shall include approval from all property owners. If the plat vacation petition is a partial vacation request, only the property owners affected shall provide approval.

Preapplication Meeting. Prior to submitting an application for a plat vacation, the applicant(s) shall meet with the Zoning Administrator to review the zoning classification of the site, review the statutory requirements, review the procedures, and examine the proposed development of the property.

Minor Plat Restrictions. A proposed plat vacation that includes one or more of the following shall not be considered a minor plat vacation, but shall be considered a major plat vacation and shall be heard by the Plan Commission:

Application. An application for a complete or partial plat vacation shall be made on forms provided by the Zoning Administrator.

Deed. Recorded deed(s) for the property.

Petition. The petition shall be submitted as part of the plat vacation instrument and shall:

Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee.

One hard copy of the application, plat vacation instrument, petition, and applicable affidavits.

A .pdf (portable document format) copy of the application, plat vacation instrument, and petition.

Assignment. An application for a plat vacation, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number. A minor plat vacation shall be placed on the first Plat Committee agenda in accordance with the Plan Commission Rules and Procedures. A major plat vacation shall be placed on the first Plan Commission agenda in accordance with Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant(s) in writing of the meeting date.

Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed secondary plat/plat amendment (replat) and asked to review and comment.

Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. The costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Plan Commission meeting to present and explain the petition for the plat vacation and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for the plat vacation.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. At its regularly scheduled public meeting, the Plat Committee or Plan Commission shall review:

Decision.

Eligible Applicants. Members of the Common Council or members of the Plan Commission shall initiate a proposal to amend the text of this title. Persons who wish to propose an amendment to the text of this title and who are not members of the Common Council or Plan Commission shall find a sponsor among the Common Council or the Plan Commission to introduce the proposal.

Application. A proposal for an amendment to the text of this title shall be prepared by the Zoning Administrator upon the direction of either the Common Council or the Plan Commission.

Deadline. A proposal for an amendment to the text of this title may be filed any time.

Assignment. The Zoning Administrator shall assign a case number and place the proposed amendment to the text of this title on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures.

Internal Review. The Zoning Administrator shall be responsible for introducing the proposed amendment to the text of this title to the Technical Advisory Committee and other applicable departments and agencies that may have an interest in the proposed amendment. The Zoning Administrator shall also notify the Technical Advisory Committee and other applicable departments and agencies of the date of the Plan Commission meeting where the proposed amendment to the text of this title will be heard.

Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. In preparing and considering proposals to amend the text of this title, the Plan Commission and the Common Council shall pay reasonable regard to:

Final Action. The Plan Commission shall certify the amendment to the text of this title and forward the proposal to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.

Effective Date.

Jurisdiction. Areas or lots shall be located within the jurisdictional area of the Plan Commission.

Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a rezoning that has been denied by the Common Council within the last 12 months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a rezoning containing major changes may justify refiling within the aforementioned 12-month period.

Eligible Applicants.

Preapplication Meeting. Prior to submitting an application for a rezoning the applicant shall meet with the Zoning Administrator to review the current zoning district, the proposed zoning district, adjacent zoning districts and land uses, applicable ordinance provisions, the application packet, and the procedure involved.

Application. An application for a rezoning shall be made on a form provided by the Zoning Administrator.

Supporting Information. An application for a rezoning shall be accompanied by the following supporting information:

Deadline. An application for a rezoning shall be filed by the deadline established in the Plan Commission Rules and Procedures.

Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a rezoning is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a rezoning that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

Assignment. An application for a rezoning, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the date of the meeting and provide the applicant with a legal notice.

Internal Review. Upon assignment of a case number and hearing date, the Zoning Administrator shall review the application for a rezoning and all supporting information. The Zoning Administrator may forward the application for a rezoning and any other relevant information to the Technical Advisory Committee, Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments, or other applicable agencies. The Zoning Administrator may submit a written report to the Plan Commission stating facts concerning the physical characteristics of the area involved in the application for a rezoning, adjacent zoning, the surrounding land use, facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a rezoning and information from any other agency that reviewed the application for a rezoning. A copy of such report shall be made available to the applicant and anyone who requests a copy.

Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

Attendance. The applicant shall be present at the Plan Commission meeting to explain the application for a rezoning and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a rezoning.

Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

Review. At its regularly scheduled public meeting, the Plan Commission shall review:

Decision.

Permits. Failure to obtain an improvement location permit or any other required permit under this title when required prior to the initiation of improvements, change of land use, or other modifications regulated under this title.

Improper Placement. The placement or erection of a primary structure, accessory structure, sign, landscaping, fences, structures or any other element that does not conform with the provisions or explicit intent of this title as determined by the Zoning Administrator.

Maintenance. Failure to maintain a property, primary structure, accessory structure, sign, or any other element as determined by the Zoning Administrator.

Occupancy. Failure to obtain a certificate of occupancy prior to the utilization of a structure.

Use. Conducting a use or uses that do not comply with the provisions or explicit intent of this title.

Other. Failure to comply with any regulations of this title, including, but not limited to, development standards, design standards, development plan, planned development, or conditions of approval imposed.

Stop Work. Proceeding with work under a stop work order.

Commitments. Any failure to comply with commitments made in connection with a rezoning, approval of a development plan, special exception, variance, or other similar or documentable commitment, including verbal agreements during official Plan Commission, Common Council, or Board of Zoning Appeals meetings.

Address Numerals. Failure to place and maintain address numbers on applicable structures.

Standard. Inspections of property may be conducted by the Zoning Administrator or the Building Commissioner from the property suspected of the violation with permission from that property owner, tenant, or occupant at the time of the inspection; from a right-of-way; or from an adjacent property with permission from that property owner.

Warrant. In the event the inspector is denied access and unable to adequately inspect from adjacent property or right-of-way, and providing there is evidence of violation of this title, the Plan Commission, Board of Zoning Appeals, Common Council, Building Commissioner, or Zoning Administrator may apply to the court of jurisdiction to invoke legal, equitable, or special remedy for the enforcement of this title or any applicable ordinances adopted under Indiana Code. If the court determines the evidence is sufficient, the warrant issued shall order the owner, tenant, and/or occupant to permit entry by the Zoning Administrator or the Building Commissioner for the purposes documented in the application for the warrant.

Emergency Remedy.

Corrected. If the violation is corrected no further action shall be taken.

Arrangements. If arrangements are made to have the violation corrected within a reasonable time period that is agreed to and signed by the person responsible for the violation and the Zoning Administrator or Building Commissioner, no further action shall be taken.

Signs in Right-of-Way. The Zoning Administrator or Building Commissioner may remove signs located in rights-of-way without notice to the sign owner and/or adjacent property owner. Signs removed from rights-of-way may be retrieved from the Department of Economic Development and Planning within two weeks of the date of the sign's removal.

Legal Action. The Plan Commission, Board of Zoning Appeals, Common Council, City Attorney, Building Commissioner, or Zoning Administrator may bring an action in the Circuit or Superior Court of Steuben County for the following reasons:

Enforcing a Commitment. An action to enforce a commitment made in accordance with IC 36-7-4 et seq. may be brought in the Circuit or Superior Court of Steuben County by: