Brazil City Zoning Code
OFFICIAL THOROUGHFARE
PLAN
§ 155.110 SHORT TITLE.
This subchapter shall be known and may be cited as the official thoroughfare plan of the city.
(Prior Code, § 156.110) (Ord. 20-1964, passed - -)
§ 155.111 MAPS OF THOROUGHFARES.
(A) The official thoroughfare plan of the city consists of two maps, one entitled “major street or highway plan” and the other entitled “planning area, major street or highway plan,” which show the location of existing and proposed thoroughfares within the jurisdiction of the Plan Commission, and are declared to be a part of this subchapter.
(B) Notations, references, indications and other details shown on the official thoroughfare plan maps are as much a part of this subchapter as if they were fully described in the text of this subchapter. Those maps are on file in the office of the Zoning Administrator and available for public inspection during regular business hours.
(Prior Code, § 156.111) (Ord. 20-1964, passed - -)
§ 155.112 DRAWING.
A drawing entitled “major street and highway plan, thoroughfare plan, typical thoroughfare cross-sections” which shows cross-sections for streets as designated on the official thoroughfare plan maps, is here made a part of this subchapter.
(Prior Code, § 156.112) (Ord. 20-1964, passed - -)
§ 155.113 DESIGNATION OF THOROUGHFARES.
(A) The thoroughfares are classified as to width and type in accordance with their function as a part of the thoroughfare system, and are designated as arterial, feeder and residential streets as shown on the official thoroughfare plan maps.
(Prior Code, § 156.113) (Ord. 20-1964, passed - -)
§ 155.114 STREET OPENING OR WIDENING REGULATIONS.
Whenever a street designated on the official thoroughfare plan is to be platted as a part of a subdivision of land, the right-of-way shall conform to the policies and specified designations and indications in the official thoroughfare plan; provided, that where a street borders a tract of land to be subdivided, the owner of that land shall be required to plat only one-half of the right-of-way width designated for the streets, measured at 90 degrees to the centerline thereof.
(Prior Code, § 156.114) (Ord. 20-1964, passed - -)
§ 155.115 LOCATION OF STREETS.
(A) (1) Wherever the locations of streets are indicated on the official thoroughfare plan as following existing roads or streets, or section or half-section lines, or other established property lines, they shall conform to those locations.
(2) However, streets lying wholly within a subdivision, and not designated as following as existing road or a section line, may be varied in their alignment when a variance promotes the plan of a neighborhood development unit in accordance with good site planning principles, and if alignment provides for the continuity of traffic movement.
(B) (1) Streets which follow irregular alignment, or indicate revised alignments, or are not referenced to established lines, shall follow in a general manner the alignments shown on the official thoroughfare plan.
(2) Their alignment shall be subject to detailed surveys which may be made by the city, the Plan Commission, by other public agencies or by the owners of land to be subdivided.
(3) Surveys shall be subject to the approval of the Plan Commission prior to the acquisition of land or the filing of subdivision plans affecting those streets.
(Prior Code, § 156.115) (Ord. 20-1964, passed - -)
§ 155.116 CONSIDERATION OF PUBLIC AGENCIES.
After adoption of the official thoroughfare plan and this subchapter, the Common Council shall be guided by and give consideration to the general policy and pattern of development set out in the official thoroughfare plan in the authorization, construction, alteration or abandonment of public highways and structures.
(Prior Code, § 156.116) (Ord. 20-1964, passed - -)
§ 155.117 ISSUANCE OF PERMITS.
In the case of permits authorized by the Common Council for the erection or alteration of structures and other improvements, the permit shall be issued only if the proposed street and thoroughfare rights-of-way as set forth by this subchapter will be protected from encroachment and, for planning and zoning purposes, the proposed street and thoroughfare right-of-way lines will be considered as the front line of lots and tracts bordering those streets and thoroughfares.
(Prior Code, § 156.117) (Ord. 20-1964, passed - -)
§ 155.118 STREET IMPROVEMENT PROGRAM.
(A) The Board of Public Works is authorized to use funds available for street improvement purposes to participate with the owners of lands abutting streets within the city in the improvement of streets in accordance with the requirements of the Board of Public Works and the standards for street improvement established by ordinance.
(B) For any participation project, the Board shall be governed by the following policies.
(1) All alley and street intersections will be paved at city expense and the cost of the work is not to be considered as a part of the city’s share of other street improvements.
(2) The cost of grading and excavating in connection with the improvement of alleys and streets existing at the time of passage of this subchapter is to be considered a city expense and not as a part of the city’s share of other street and alley improvements.
(3) The cost of grading and excavating in connection with improvement of street and alleys hereafter dedicated is not to be considered a part of the improvement cost in which the city can participate.
(4) The city may participate to the extent of 50% of the cost of improving an alley located in a Business District or Industrial District, as shown in the Zone Map. The city shall not participate in the cost of improving alleys other than those indicated above.
(5) The amount of the participation by the city in the cost of street improvements is indicated below as a percentage of the total of the cost, as may be modified by proceeding statements, in accordance with the street designation and width of surface to be improved, which may include curb and gutter of the integral roll-type where that type of curb may be installed.
Street or Thoroughfare Designation
| |||
Width of Improved Surfaces | Arterial | Feeder | Residential |
24 to 28 feet | 50% | 40% | 30% |
29 to 30 feet | 60% | 50% | 40% |
31 to 35 feet | 70% | 60% | 50% |
36 to 40 feet | 80% | 70% | 60% |
(Prior Code, § 156.118) (Ord. 20-1964, passed - -)
§ 155.119 THOROUGHFARE FUND.
The Common Council may levy a tax annually of not to exceed $0.15 on each $100 of taxable property with the city for the purpose of a Thoroughfare Fund, which when collected shall be kept separate from the other funds of the city and shall be a continuing fund to be drawn on by the Board of Public Works for work done under, or in furtherance of, or in carrying out a part of the official thoroughfare plan.
(Prior Code, § 156.119) (Ord. 20-1964, passed - -)
§ 155.120 AUTHORITY FOR PROCEDURE.
In the carrying out of any project under the official thoroughfare plan, the Board of Public Works shall proceed, and shall have authority under the provisions of I.C. 36-7-4, and all acts amendatory thereto, and the method of procedure shall comply with the provisions of an Act of the General Assembly of the state entitled “An act concerning municipal corporations,” approved March 6, 1905, and all acts amendatory thereof or supplemental thereto, except that the provisions for remonstrance of resident freeholders shall not apply. However, if it shall be determined that property shall be assessed within a special benefit district, the Board shall determine the boundaries of the district.
(Prior Code, § 156.120) (Ord. 20-1964, passed - -)
§ 155.121 METHOD OF PROCEDURE; ROLE OF THE BOARD OF PUBLIC WORKS.
The Board of Public Works, in the carrying out of any project under the official thoroughfare plan adopted by this subchapter shall consider and determine what proportionate part of the cost of the project; or of any separate phase of improvement thereunder, shall be paid by the city out of the Thoroughfare Fund, including any increase of damages ordered by any court on appeal, as benefit to the city at large, and, at that time, shall determine the amount, if any, of the total cost of any phase of improvement under the project, including damages awarded by the Board, which shall be assessed as benefits on the real estate within a special benefit district.
(Prior Code, § 156.121) (Ord. 20-1964, passed --)
§ 155.122 METHOD OF PROCEDURE; ROLE OF THE COMMON COUNCIL.
(A) In the event the cost of acquisition and the benefits assessed against the city, by reason of any project, shall, at any time, be in excess of the amount of money then standing to the credit of the Thoroughfare Fund, the city shall have the power, and the Common Council is authorized to issue a bond in a sum sufficient to pay for the benefit, or any part thereof, as it may be deemed necessary, the same to be issued and sold in the same form and manner, and with the same rate or interest and with maturities as are by law provided for the issuance and sale of bonds of the city for the general purposes thereof.
(B) The proceeds of the sale of bonds shall be deposited in and credited to, the Thoroughfare Fund, to be used in the payment for the cost of acquisition and the benefits assess against the city at large and any increased damages which may be ordered paid by the court on appeal.
(Prior Code, § 156.122) (Ord. 20-1964, passed --)
§ 155.123 PRIORITY OF THOROUGHFARE IMPROVEMENTS.
The Plan Commission may recommend to the Board of Public Works the order in which improvements made pursuant to this subchapter and to be paid for in part out of the Thoroughfare Fund shall be undertaken and carried out; and when so made, the Board of Public Works shall not start or commence by resolution or otherwise, any work, appropriation or improvement pursuant to this subchapter, other than in the order designed by recommendation.
(Prior Code, § 156.123) (Ord. 20-1964, passed --)
§ 155.124 CONTINUING AUTHORITY OF THE PLAN COMMISSION.
Subsequent to the adoption of the official thoroughfare plan and the passage of this subchapter, the Plan Commission may:
(A) Determine lines for new, extended, widened or narrowed thoroughfares in any portion of its jurisdiction; and/or
(B) Certify to the Common Council the amended or additional plan under the same procedure as established for the certification and approval of the official thoroughfare plan.
(Prior Code, § 156.124) (Ord. 20-1964, passed --)
§ 155.125 AMENDMENTS.
(A) The Common Council may direct the Plan Commission to prepare an amendment, as desired, and submit it to public hearing within 60 days after formal written request by the Common Council.
(B) The owners of 50% or more of the area of property abutting on that part of a street which is proposed to be changed may also petition the Common Council requesting an amendment to the official thoroughfare plan.
(Prior Code, § 156.125) (Ord. 20-1964, passed --)
§ 155.126 COPIES ON FILE IN THE OFFICE OF THE CLERK-TREASURER.
Two copies of the official thoroughfare plan and chapter and two copies of the typical thoroughfare cross-sections shall be kept on file in the office of the City Clerk-Treasurer and shall be subject to public examination during the regular office hours of the City Clerk-Treasurer.
(Prior Code, § 156.126) (Ord. 20-1964, passed --)