Elkhart City Zoning Code

DEVELOPMENT PLAN

PROCEDURES AND DESIGN CRITERIA

§ 151.175 PURPOSE.

Development within certain districts or geographic areas may have a major impact on the visual, physical and functional character of that portion of the city, or of the city as a whole. Appropriate development in these areas must serve to protect the public health, safety and welfare; preserve the natural environment; encourage efficient use of resources; promote the visual quality of the city; and minimize the burdens of new development on city services. Consequently, within those specified zoning and overlay districts the submission of development plans will be required for review and approval prior to the issuance of any permits. The purpose of this section is to establish procedures and requirements for the review, approval and amendment of development plans.

(1979 Code, § 151.145) (Ord. 4370, passed 7-20-1998)

§ 151.176 AUTHORIZATION TO REVIEW AND APPROVE DEVELOPMENT PLANS.

(A) The Planning staff is authorized to review and approve all development plans in accordance with the procedures established herein. However, review and approval of a development plan by the Plan Commission may be required if:

(1) At the time a zoning map change is approved, the Plan Commission or City Council stipulates that a required development plan be reviewed and approved by the Plan Commission following a public hearing; or

(2) Planning staff determines that the development may have significant visual or physical impact on surrounding properties, whether developed or undeveloped, and/or existing streets.

(B) The Plan Commission will review and take action upon any appeal by an applicant of a staff decision. An appeal shall require a public hearing.

(C) The entity charged with the responsibility for reviewing a development plan, whether the Plan Commission or planning staff, shall be referred to herein as the reviewing authority.

(1979 Code, § 151.146) (Ord. 4370, passed 7-20-1998)

§ 151.177 EXEMPTIONS.

(A) The following categories of development shall be exempt from compliance with Type I and Type II Design Standards and shall not require development plan approval:

(1) Interior remodeling resulting in no increase in parking or loading requirements and no enlargement of the existing building;

(2) Reconstruction and/or reconfiguration of an existing parking lot in compliance with the city’s Zoning Ordinance;

(3) The installation of a new sign or the relocation or reconfiguration of an existing sign in compliance with the city sign regulations; and

(4) Improvements as part of the general maintenance and upkeep of the property.

(B) The following categories of development shall be exempt from Type II Design Standards only and shall otherwise require development plan approval.

(1) Development on a property which has been designated a historic district by the City of Elkhart Historic Commission;

(2) Additions to an existing structure, provided that the addition is architecturally consistent with the existing structure;

(3) Roof repair or replacement; and

(4) Alteration of an existing facade which does not affect more than 25% of the square footage of the existing facade.

(1979 Code, § 151.147) (Ord. 4370, passed 7-20-1998)

§ 151.178 PRE-SUBMISSION MEETING.

A meeting between the planning staff and the developer is recommended prior to formal submittal of the development plan for review. Such a meeting allows staff to familiarize itself with the proposed development and provide information regarding the review process and required development standards.

(1979 Code, § 151.148) (Ord. 4370, passed 7-20-1998)

§ 151.179 APPLICATION FOR PRELIMINARY APPROVAL.

(A) Application for preliminary approval of a development plan shall be filed with the Planning and Zoning Office and shall include the following:

(1) Completed and signed (by all owners of record) application containing:

(a) Description of the proposed project;

(b) Any restrictive covenants to be incorporated into the development;

(d) Availability of city sanitary sewer and water; or if unavailable, method of service.

(2) The following number of site plans and support drawings illustrating the proposed development shall be provided by the applicant. The plan shall represent the entire tract for which approval is being requested.

(a) Planning staff review and approval: 6 copies.

(b) Plan Commission review and approval: 15 copies.

(B) Incomplete submissions will be returned to the applicant and withheld from the review process.

(1979 Code, § 151.149) (Ord. 4370, passed 7-20-1998)

§ 151.180 CONTENTS OF DEVELOPMENT PLAN FOR PRELIMINARY APPROVAL.

The submitted development plan shall include supporting documentation, site plan and other drawings containing the following information, as may be applicable:

(A) Supporting documentation.

(1) Identification of: the number, type and square footage of structures; parcel size, proposed lot coverage by buildings and structures, number of parking spaces required and proposed; gross residential density, number and types of dwelling units, where applicable;

(2) Statement on measures to insure long term maintenance of public or common open spaces;

(3) Any restrictive covenant, declaration, written commitment or other document(s) related to the development which is intended to be recorded or included in any sale or lease agreements;

(4) Anticipated development traffic counts (daily and peak hours) and a traffic impact analysis if deemed necessary during the pre-submission meeting; and

(5) Proof of submission of curb cut and on-site drainage retention applications to the City Public Works and Utilities Department.

(B) Site plan and supporting drawings.

(1) Date, scale (written and graphic), north point, name and address of developer and name of proposed development;

(2) Legal description of the project site, including dimensioned boundaries of the tract;

(3) Existing site conditions including contours (at minimum 2-foot intervals), if necessary, water courses and drainage ways, flood plain elevations, significant vegetation and existing buildings, roads, parking areas and other improvements;

(4) Location, size and configuration of areas to be conveyed, dedicated or otherwise reserved as common open spaces, parks or other public or semi-public uses, as applicable;

(5) Existing and proposed vehicular circulation system, public and private, including dimensioned public rights-of-way and streets, private drives, parking and loading areas, intersection radii, points of access to public streets;

(6) For properties located on arterial streets, the location of existing and proposed cross-access drives interconnecting adjoining properties.

(7) Existing and proposed pedestrian circulation system, including links to public walks, nearby land uses and public transit, where applicable;

(8) Location and size of all existing and proposed buildings and proposed lot lines of development if it is to be subdivided; (Any subdivision of land shall be in compliance with the city’s Subdivision Ordinance.)

(9) (a) Landscape plan in accordance with the Zoning Ordinance requirements including all screening, fences, walls and manmade design elements including, but not limited to ponds, plazas, trellises, sculpture and the like;

(b) At its discretion, staff may permit the landscape plan to be submitted and approved following the issuance of a building permit, however, a specific date for its submission must be agreed upon in writing as a condition to postponing the submission of the landscape plan.

(10) A street and/or site lighting plan indicating both vehicular and pedestrian lighting, fixture type and height, areas to be lighted and their corresponding intensity levels;

(11) Uniform signage plan for the entire development for both the site and buildings, including all necessary elevation drawings;

(12) Elevations of buildings and structures located within the proposed development;

(13) The following general information:

(a) Surfacing materials for all streets, drives, parking areas, plazas and pedestrian walks;

(b) Location of existing city water and sanitary sewer lines and points of connection;

(d) Location, size and shape of all storm water retention areas;

(14) Such other data or information as may be required by the Planning staff or Plan Commission for consideration of the development plan.

(1979 Code, § 151.150) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999

§ 151.181 DEVELOPMENT REQUIREMENTS FOR PRELIMINARY APPROVAL.

Preliminary approval of a proposed development plan shall be based on a determination by the reviewing authority that the development plan:

(A) Complies with the design standards of this chapter;

(B) Complies with the purpose of this section;

(D) Adequately satisfies the following general development standards:

(1) Compatibility with surrounding land uses;

(2) Availability and coordination of water, sanitary sewer, storm drainage and utility services or facilities;

(3) Appropriate building separation and location, parking, site improvements (including landscaping and lighting) and signage;

(4) Provision of sufficient public safety access and facilities; and

(5) The development will not create noise, smoke, heat, glare or odor which would constitute a nuisance.

(E) Provides for vehicular and pedestrian circulation in a manner which creates conditions favorable to the health, safety, convenience and harmonious development of the community, particularly considering the following factors:

(1) The extent to which the design and location of proposed street and highway access points minimize safety hazards and congestion;

(2) The capacity of adjacent streets and highways to safely and efficiently handle traffic projected to be generated by the development; and

(3) Whether streets, drives, loading and parking areas, and pedestrian walks both within and adjacent to the development are coordinated to provide a safe, efficient and integrated circulation system.

(1979 Code, § 151.151) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999

§ 151.182 DEVELOPMENT PLAN DESIGN STANDARDS - TYPE I.

The following minimum design standards shall apply to all improvements within any development plan district, except as indicated, and shall be considered in the review process by the planning staff or Plan Commission. The requirements of the underlying zoning district shall also be criteria for review. In the case of a conflict between the provisions of this section and other regulations in this chapter, the more restrictive standard shall apply, unless otherwise determined by the planning staff.

(A) District character. The proposed development shall be compatible with the design character of adjacent development in regard to scale and mass and shall promote the development goals and purpose of the zoning or overlay district in which it is located.

(B) Environmental design.

(1) It is the intention of the city to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.

(2) Existing trees and other natural amenities shall be preserved wherever possible. The location of these features must be considered when planning common open space, building location, underground services, walks, paved areas and finished grade levels. Inquiries may be made into the means by which natural features will be protected during construction.

(3) The proposed development shall have a logical relationship to the topography of the site and adjacent property.

(4) Landscaping in the Riverwalk Overlay District shall be designed to soften the placement of buildings within the district and screen parking areas to create an overall streetscape along the Riverwalk. Landscaping standards shall be as follows:

(a) Parking areas and access drives located within 20 feet of the Riverwalk shall be screened so that vehicles are not visible from the Riverwalk. Landscape screening shall include one or more of the following treatments:

1. A 5-foot high opaque wall or fence in conjunction with shrubbery and/or trees. Fence and/or wall materials shall be compatible with facade materials used on the primary building.

2. Coniferous trees or hedges that are at least 5 feet in height.

3. An earthen berm that is at least 5 feet high in height. The earthen berm shall have vegetative ground cover.

(b) Yard areas that are adjacent to the Riverwalk shall have vegetative ground cover and include 2 or more of the following treatments:

1. Canopy trees;

2. Decorative trees;

3. Decorative bushes; and

4. Decorative fencing;.

(1) Structures shall be located to allow adequate light, air, and ease of entry and access by the general public and emergency personnel. The development shall conform to all applicable development standards and district regulations specified in this chapter.

(2) Riverwalk Overlay District structures shall be located to create an inviting, pedestrian-scaled "streetscape" along the Riverwalk (as amended per Ordinance No. 4533, dated November 8, 2000). For parcels within the Riverwalk Overlay that front Main Street, Jackson Boulevard, or Elkhart Avenue, the site should be designed to primarily address these streets. Consideration should still be given to creating an inviting atmosphere along the Riverwalk but these parcels must support an established street wall along these important corridors.

(D) Vehicular circulation systems - general. The following standards apply to all properties located within a development plan district:

(1) The number, location and dimensions of accel-decel lanes, passing blisters and entry drives, shall be evaluated on the basis of city’s Public Works and Utilities standards.

(2) All public drives shall conform to the standards established by the city’s Public Works and Utilities Department. Private drives shall conform to the standards of the city’s Zoning Ordinance.

(3) All streets, access drives and off-street parking areas shall be paved with concrete, asphalt or other approved surfacing material to adequately provide a durable and dust-free surface.

(E) Vehicular circulation systems - arterial streets. The following standards apply only to properties located on an arterial street within a development plan district:

(1) In order to reduce traffic hazards and maintain the traffic carrying capacity of the arterial streets, required access control elements may include:

(a) Cross-access agreements. The property owner enters into an easement agreement with adjacent property owner(s) and/or the city to provide cross property access allowing multiple developments to share a common entry from the arterial street. The agreement shall be in a form approved by the reviewing authority and shall be recorded.

(b) Frontage roads. The property owner grants the city an easement for the construction of a parallel frontage road to connect individual developments to a common entry from the arterial street.

(c) Temporary access drives. Where parcels adjacent to the subject property are undeveloped, a development plan may be approved with direct access to and from the arterial street provided that the property owner delivers to the city a commitment that if at any time access becomes available through a cross access easement or frontage road connected to a common entry, the property owner will close the direct access drive.

(2) The reviewing authority may require delivery of such other commitments as it may deem necessary to control site access.

(F) Vehicular circulation systems. Riverwalk Overlay District parking lots shall be designed to minimize vehicular traffic along the Riverwalk. Primary structures shall be located between the Riverwalk and access drives and parking lots. Service and access drives shall not be located adjacent to the Riverwalk.

(G) Pedestrian circulation systems. Walkways and plazas shall be constructed to provide pedestrian circulation throughout the development separate from all vehicular drives and parking areas. Where distance separation cannot be achieved, physical separation by means approved by the reviewing authority shall be required. Pavement treatment and materials should be such that they clearly differentiate pedestrian and vehicular circulation areas. Developments located in the Riverwalk Overlay District shall provide pedestrian access between the development and the Riverwalk. Materials used to construct the pedestrian circulation systems shall be complimentary to those used in the Riverwalk.

(H) Sanitary sewage disposal and water supply systems. All water supply and sanitary sewage disposal systems shall comply with the requirements of the city’s and state’s Board of Health, as applicable.

(I) Public or semi-public space. All developments including public or semi-public space must contain acceptable covenants insuring adequate maintenance of these spaces.

(1979 Code, § 151.152) (Ord. 4370, passed 7-20-1998; Am. Ord. 4533, passed 11-6-2000; Am. Ord. 5618, passed 9-11-2017) Penalty, see § 151.999

§ 151.183 DEVELOPMENT PLAN DESIGN STANDARDS - TYPE II.

The following design standards shall apply to all improvements within any development plan district where Type II design standard review is required. These standards shall be considered in the review process by the planning staff or Plan Commission along with the requirements of the underlying zoning district and the Type I design standards. In the case of a conflict between the provisions of this section and other regulations in this chapter, the more restrictive standard shall apply, unless otherwise determined by the planning staff.

(A) Definitions. The following definitions pertain to Type II design standards:

ARCADE. A permanently affixed covered wall composed of rigid roofing material supported by vertical columns extending along a facade of a building.

CANOPY. A roof-like cover attached to a building generally of a material different from that of the building and which projects from the wall of the building.

CORNICE. Exterior trim on a structure at the meeting of the roof and wall consisting of architectural elements including bed molding, soffit, fascia and crown molding.

FACADE. Any exterior wall of a building.

MANSARD ROOF. A roof having a double slope on all sides, the lower slope being nearly vertical and the upper slope nearly horizontal.

MASS. The three dimensional volume of a building.

PARAPET. A wall which extends above the plane of the adjacent roof.

PITCH. The slope of a roof expressed as a ratio of vertical distance (rise) over horizontal distance (run).

PORTICO. A porch or covered walk at a building entrance or exit consisting of a roof supported by columns.

PRIMARY FACADE. Any facade of a building at least 50% of which is visible from a public street, the Riverwalk or from a customer parking lot for that building.

RELIEF. The projection of shapes and forms from a flat surface.

TRELLIS. An open grating or lattice work of either metal or wood.

WING WALL. A subordinate wall, one end of which is built against an abutment, usually acting as support for the abutment and as a retaining wall.

(B) Facade standards. All primary facades of a building shall be designed with consistent architectural style, detail and trim features. Primary facades of accessory structures have detail, trim features, and an architectural style that is consistent with the primary building.

(1) The horizontal lengths and curves of exterior facades shall be interrupted by recesses and projections. Exterior facades shall be designed to employ the following design treatments;

(a) Buildings in excess of 10,000 square feet (based upon footprint not total square footage):

1. No uninterrupted horizontal length or curve of a non-arcaded facade shall exceed 100 linear feet.

2. No uninterrupted horizontal length or curve of an arcaded facade shall exceed 120 linear feet. Varied lengths and curves are preferred.

3. Projections and recesses shall have a minimum depth of 32 inches.

4. Projections and recesses shall have a minimum width of 48 inches.

(b) Buildings of less than 10,000 square feet (based upon footprint, not total square footage):

1. No uninterrupted horizontal length or curve of a non-arcaded facade shall exceed 50 linear feet.

2. No uninterrupted horizontal length or curve of an arcaded facade shall exceed 80 linear feet.

3. Projections and recesses shall have a minimum depth of 8 inches.

4. Projections and recesses shall have a minimum width of 24 inches.

(2) Each primary facade shall incorporate a minimum of 3 of the following design treatments from subdivisions (a) through (k) hereof and at least one from items (1) through (n) hereof within 50% of its area for buildings in excess of 10,000 square feet, and within 33% of its area for buildings of less than 10,000 square feet.

(a) Arcades with a minimum width of 8 feet clear for buildings in excess of 10,000 square feet and 6 feet clear for buildings of less than 10,000 square feet;

(b) Display windows;

(d) Canopies or porticos;

(e) Roofs which extend (overhang) at least 8 inches beyond the wall;

(f) Sculpted art work;

(g) Raised cornice parapets over doors;

(h) Arches;

(i) Towers;

(j) Landscaping along a primary facade in excess of landscaping otherwise required by this chapter; (The additional landscaping shall be of sufficient quantity to meet the intent of a separate design treatment.)

(k) Color change;

(l) Change in the exterior building material; and

(m) Vertical or horizontal banding of architectural (not color) features.

(C) Roof standards. Roof features shall be in scale with the building and complement the character of adjacent buildings. Roofs shall comply with the following standards:

(1) The roof edge of each primary facade shall have at least one vertical change of at least 3 feet from the predominate roof design. Roof mounted mechanical equipment shall be concealed through the use of parapet walls or enclosures with an architectural and design style consistent with the parent building.

(2) Each roof shall incorporate at least 2 of the following design elements:

(a) Overhangs of not less than 2 feet beyond the supporting walls with a minimum fascia of 8 inches.

(b) Multiple plane slopes on each primary facade;

(d) Vertical roof changes with a minimum change in elevation of 2 feet other than the vertical roof changes required above.

(3) Roofing material shall be constructed of durable high quality material. Use of the following types of roofing materials and designs is prohibited, except as noted:

(a) Asphalt shingles, except laminated 25 year architectural grade asphalt shingles or a higher grade of asphalt shingles;

(b) Mansard roofs and canopies with a vertical distance of less than 8 feet or an angle of less than 25 degrees or an angle greater than 70;

(d) Back-lit awnings used as a mansard or canopy roof.

(D) Material standards.

(1) Exterior building colors and materials shall be integrated into a comprehensive design style for the building. The following materials shall be prohibited:

(a) Smooth concrete masonry units;

(b) Stone construction with a rubble appearance; and

(2) All facades which face roadways, parking areas or residential districts shall utilize vinyl or aluminum siding for no more than 50% of the facade and shall utilize corrugated metal for no more than 25% of the facade.

(E) Parking structure standards. A minimum of 60% of the area of any primary facade of a parking structure or covered parking facility shall be composed of at least 2 of the following elements.

(1) Transparent windows, with clear or lightly-tinted glass, where businesses are located within the parking structure, at street level along a primary facade of the parking structure;

(2) Display windows;

(3) Decorative metal grille-work or similar detailing which provides texture and partially and/or fully covers the parking structure opening(s);

(4) Art or architectural treatment such as sculpture, mosaic, glass block, opaque art glass or relief work;

(5) Vertical trellis;

(6) Landscaping; or

(7) An entryway plaza which complies with all entryway standards.

(1979 Code, § 151.153) (Ord. 4370, passed 7-20-1998; Am. Ord. 4533, passed 11-6-2000; Am. Ord. 5618, passed 9-11-2017) Penalty, see § 151.999

§ 151.184 PRELIMINARY REVIEW AND APPROVAL PROCEDURE.

(A) Planning staff review. For those development plans not designated for review by the Plan Commission, the following procedure shall be followed:

(1) Review by the planning staff may be conducted without a public hearing. Plans will be reviewed in accordance with a schedule adopted by the staff.

(2) The development plan shall be reviewed by the planning staff with input from other city departments, government agencies or public utilities as deemed necessary to insure compliance with the requirements of this chapter and any other applicable, codes, regulations and ordinances.

(3) In the event that Type II Design Standards apply, the development plan shall be reviewed by the Plan Commission Architectural Review Committee. The Architectural Review Committee shall issue an advisory opinion to the planning staff on whether the Type II Design Standards have been met. The planning staff may adopt or reject the Architectural Review Committee opinion in rendering its decision to grant or deny preliminary approval of the development plan.

(4) Staff may request that the applicant attend any review meetings to facilitate the review and approval process.

(5) Review of a development plan may be continued to permit resolution of outstanding issues, however, staff must render a decision within 45 days of submission of the development plan, unless the applicant agrees to extend this period.

(6) Following its review planning staff may approve, approve with modifications or conditions, or deny preliminary approval. The decision shall be in writing and shall include written reasons for the actions taken and shall be signed by a member of the planning staff.

(a) If approved with no changes the preliminary approval shall be considered as final approval.

(b) If approved with conditions, preliminary approval shall be for a period of 1 year from the date of approval, unless the applicant, prior to the expiration of the 1-year period, shall have applied for and received the Planning staff’s approval for an extension to obtain final approval. If by the expiration of the initial 1 year period, or during any period of extension approved by the Planning Staff, the applicant does not obtain final approval of all or part of the area included in the development plan for which preliminary approval has been granted, then the preliminary approval shall lapse and be considered null and void.

(c) If preliminary approval is denied, a new application must be submitted for any subsequent request for development plan approval on the property.

(7) The planning staff shall send notice of its decision to the applicant and make the notice available to other interested parties upon request. The notice shall indicate whether final approval of the development plan is required. Notice shall be furnished within 5 working days after a decision has been rendered by the planning staff.

(B) Plan Commission review. In the event Plan Commission review and approval of a development plan is required as a condition of a zoning map change or by staff determination, the following procedure shall apply:

(1) An application for preliminary approval with the appropriate filing fee shall be submitted to the Planning and Zoning Office at least 30 days prior to the Plan Commission meeting at which it is to be reviewed.

(2) The planning staff shall review the development plan prior to the meeting at which the plan is to be heard and provide written findings of fact and a recommendation.

(3) In the event that Type II Design Standards apply, the development plan shall be reviewed by the Plan Commission Architectural Review Committee. The Architectural Review Committee shall issue an advisory opinion to the Plan Commission on whether the Type II Design Standards have been met. The Plan Commission may adopt or reject the Architectural Review Committee opinion in rendering its decision to grant or deny preliminary approval of the development.

(4) The Plan Commission shall conduct a public hearing prior to taking any action. At least 10 days prior to the hearing the Plan Commission staff shall have a legal notice of the hearing published in the local newspaper and a notice sent by regular mail to all property owners of record located within 300 feet of the proposed development.

(5) Following the public hearing the Plan Commission shall determine if the proposed development plan complies with the requirements of this chapter.

(6) Unless review of the development plan is tabled the Plan Commission shall either approve, with or without conditions, or deny preliminary approval of the proposed development plan and enter written findings in accordance with such decision, which shall be signed by the President of the Plan Commission.

(a) If approved with no changes, the preliminary approval shall be considered as final approval.

(b) If approved with conditions, preliminary approval shall be for a period of 1 year from the date of approval, unless the applicant, prior to the expiration of the 1-year period, shall have applied for and received the Plan Commission’s approval for an extension to obtain final approval. If by the expiration of the initial 1-year period, or during any period of extension approved by the Plan Commission, the applicant does not obtain final approval of all or part of the area included in the development plan for which preliminary approval has been granted, then the preliminary approval shall lapse and be considered null and void.

(c) If preliminary approval is denied, a new application must be submitted for any subsequent request for development plan approval on the subject property.

(7) In rendering its decision, the Plan Commission shall take into consideration all pertinent information presented by the Planning staff, the applicant, the Architectural Review Committee, other city departments, boards and commissions, other governmental agencies and the general public.

(8) The Plan Commission shall send notice of its decision and written findings to the applicant and make such notice available to other interested parties upon request. The notice shall indicate whether final approval is required and whether the Plan Commission intends to retain authority over final approval. Notice shall be furnished within 5 working days after a decision has been rendered by the Plan Commission.

(1979 Code, § 151.154) (Ord. 4370, passed 7-20-1998)

§ 151.185 FINAL APPROVAL OF DEVELOPMENT PLANS: AUTHORITY AND PROCEDURE.

(A) Authority.

(1) The planning staff shall have the authority to grant final approval of a development plan, except in those instances in which the Plan Commission has retained authority.

(2) Final approval shall not require a public hearing, however, the Plan Commission may, if it deems necessary, require a public hearing for the final approval of a development plan over which it has retained authority.

(B) Procedure. The applicant shall submit the final development plan with all revisions, additions or deletions as prescribed in the preliminary plan approval to the Planning and Zoning Office. The proposed final plan may include less than the entire area for which preliminary approval was granted. In the event final approval is granted for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting final approval of the remainder of the development plan.

(1) Where final review and approval have been delegated to the planning staff:

(a) Staff shall review the final development plan to insure that the conditions specified at preliminary approval have been satisfied.

(b) A written notice of action, including the reasons therefor, shall be signed by the Planning staff and provided to the applicant and to other interested parties upon request. Notice shall be furnished within 5 working days after a decision has been rendered by the planning staff.

(2) Where final review and approval has been retained by the Plan Commission:

(a) The final development plan shall be submitted at least 30 days prior to the meeting at which the plan will be discussed.

(b) If the Plan Commission has determined that a public hearing is required then the appropriate filing fee shall be paid.

(c) The Plan Commission shall review the final development plan to insure that the conditions specified at preliminary approval have been satisfied.

(d) In rendering its decision the Plan Commission shall take into consideration all pertinent information presented by the planning staff, the applicant, the Architectural Review Committee, other city departments, boards and commissions, other governmental agencies and the general public.

(e) A written notice of action, including the reasons therefor, shall be signed by the Plan Commission President and provided to the applicant and to other interested parties upon request. Notice shall be furnished within 5 working days after a decision has been rendered by the Plan Commission.

(f) A copy of the approved final site plan shall be recorded at the Elkhart Count Recorder’s Office, and proof of such action in the form of a receipt of filing for recording of the documents provided to the Planning and Zoning staff and shall be provided prior to the issuance of a certificate of occupancy for any such project.

(1979 Code, § 151.155) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003)

§ 151.186 APPEAL OF STAFF DECISION TO PLAN COMMISSION.

An appeal of a staff decision, or a portion thereof, for either preliminary or final development plan approval, shall be in accordance with the following:

(A) A written appeal shall be filed with the Planning and Zoning Office within 30 days of the date of the planning staff’s written decision with the prescribed filing fee.

(B) The appeal shall be on a form prescribed by the Plan Commission and include the following:

(1) Copy of the staff decision, or portion thereof, that is being appealed and the reasons for the appeal;

(2) Any additional documentation supporting the appeal; and

(3) List of property owners of record within 300 feet of the proposed development.

(C) The Plan Commission shall conduct a public hearing prior to taking any action. At least 10 days prior to the hearing the Plan Commission staff shall have a legal notice of the hearing published in the local newspaper and a notice sent by regular mail to all property owners of record located within 300 feet of the proposed development.

(D) Staff shall provide copies of all documentation supporting the decision under appeal.

(E) Following the public hearing the Plan Commission shall either affirm, modify or reverse the staff decision.

(F) In order to reverse or modify the staff decision, the Plan Commission must find that the development plan maintains the intent of the applicable development requirements and design standards.

(G) A written notice of action, including the reasons therefor, shall be signed by the Plan Commission President and provided to the applicant and to other interested parties upon request. Notice shall be furnished within 5 working days after a decision has been rendered by the Plan Commission.

(1979 Code, § 151.156) (Ord. 4370, passed 7-20-1998)

§ 151.187 AMENDMENTS TO AN APPROVED DEVELOPMENT PLAN.

(A) Authority to review and approve development plan amendments:

(1) The planning staff may review and approve proposed minor amendments provided that the changes:

(a) Maintain the purpose and intent of the original approved development plan; and

(b) Do not result in: the addition, deletion or relocation of approved curb cuts onto public streets or cross access drives onto adjoining properties; increase the density or size of the development; reduce or alter the perimeter treatment of the site; change the use of the development; reduce approved setbacks for buildings, structures and other site elements; or create a significant impact on surrounding properties or the development plan district in which it is located.

(2) The review shall be completed within 10 working days of submittal.

(3) All other amendments shall be deemed major and must be reviewed and approved by the Plan Commission following a public hearing.

(B) After preliminary or final approval of a development plan has been granted, any amendments thereto shall be submitted by the applicant to the Planning and Zoning Office. The submission shall be on a form prescribed by the Plan Commission, signed by the owner(s) of record and include all supporting documentation and plans pertinent to the proposed amendment, and the appropriate filing fee if a public hearing is required.

(C) Review and approval of a development plan amendment by either the planning staff or the Plan Commission shall be governed by the procedures specified for final plan approval by that authority.

(D) The Plan Commission may require a public hearing on amendments to a development plan regardless of the procedure applied for preliminary or final approval of that development plan. The Plan Commission may waive any procedural or submission requirements otherwise specified under this section, as it deems necessary, when reviewing an amendment of an approved development plan.

(1979 Code, § 151.157) (Ord. 4370, passed 7-20-1998)

§ 151.188 DRAWINGS INCORPORATED BY REFERENCE.

Pursuant to Ord. 4762, passed 8-1-2003, the following figures are hereby incorporated by reference as if fully set out herein:

(A) Figure 24A;

(B) Figure 24B;

(D) Figure 24E;

(E) Figure 24F;

(F) Figure 24G;

(G) Figure 24H;

(H) Figure 24I;

(I) Figure 24J;

(J) Figure 24K;

(K) Figure 24L;

(L) Figure 24M;

(M) Figure 24N;

(N) Figure 24O;

(O) Figure 24P;

(P) Figure 24Q;

(Q) Figure 24R;

(R) Figure 24S; and

(S) Figure 24T.

(1979 Code, § 151.175.5) (Ord. 4762, passed 8-1-2003)

§ 151.189 WAIVER OF DESIGN CRITERIA AND ORDINANCE STANDARDS.

The reviewing authority may waive any of the design criteria and/or development requirements under which the development plan is reviewed, if:

(A) The intent of the standard being waived is maintained;

(B) The waiver does not significantly impact surrounding development or adjoining public streets; and

(C) The waiver results in an overall design quality superior to that which would otherwise be attained by complying with the design criteria or ordinance standards.

(1979 Code, § 151.158) (Ord. 4370, passed 7-20-1998)

§ 151.190 AUTHORITY OF REVIEWING AUTHORITY.

When reviewing a development plan for preliminary or final approval, the reviewing authority may:

(A) Impose conditions on the approval of the development plan which are reasonably necessary to satisfy the applicable development standards and conditions of this chapter.

(B) Condition approval of the development plan on the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of any proposed public improvements.

(1979 Code, § 151.159) (Ord. 4370, passed 7-20-1998)