The following requirements are common to many of the procedures contained in the UDO and apply to applications submitted under this Chapter. Additional details may be included in Article 10.2. Permit & Decision Type.

Application and informational packets may be obtained through the Department and/or online through the City website.

1. Ownership. The petitioner for any application is this Chapter must:
   1. Own a controlling interest in each parcel within the area of the proposed application; or
   2. Have documentation authorizing the petitioner to act as the agent of the owners of all parcels within the area of the application.
2. Initial Application. All applications for approval shall be submitted in accordance with the requirements of the UDO and shall be filed with the Department.
3. Forms. Applications required under the UDO must be submitted, fully completed, on forms and in such numbers as required by the City.
4. Supportive Information. The application shall include, but not be limited to, the following documents:
   1. All documentation specified on the application packet unless certain documentation is deemed superfluous by the Department due to the specific circumstances of the project.
   2. Any other additional information as may be required by the Department to evaluate the application.
5. Fees. Fees shall be paid in accordance with the Fee Schedule, as set forth in Article 2.1.1A. Fee Schedule. No permit shall be granted by the Department until all applicable fees pertaining to that permit have been paid in full. No permit shall be granted by the Department until all fees and fines owed by the Applicant to the City have been paid in full. This requirement shall apply not only to fees and fines specific to the individual application, but shall also include all fees and fines owed on any permit previously issued to the Applicant. A schedule of payment of all owed fees provided by the Applicant to the satisfaction of the Director shall satisfy the requirement of this section in lieu of payment in full.

1. Prerequisites. For those projects that require Board, Commission, Committee(s), and/or Council review, project approval shall have been granted prior to application being made for subsequent permits (e.g. approval of a Primary Plat before an Improvement Location Permit application is submitted).
2. Pre-submittal Meeting. Prior to applying, the petitioner shall meet with the Department to review the zoning classification of the site, review the regulatory ordinances and materials, and review the procedures. The Department will assist and advise the petitioner in preparing the application and supportive documents as necessary
3. Investigation of Petitions.
   1. Any application in this Chapter may be reviewed by the TAC prior to consideration by the Department.
   2. For applications requiring approval by the Board, Commission, Committee(s) and/or Council, the Department may submit a written report to the appropriate decision-making body stating any facts concerning the characteristics, land use, public facilities available, or other pertinent facts the application. The report may also contain opinions of the Department concerning the proposal and a report from members of the TAC (if applicable). A copy of such statement shall be made available to the petitioner and all remonstrators of record, if any.
4. Revisions. Following review by the Department and/or the Technical Advisory Committee, the petitioner shall submit revised copies of the application that address the comments and concerns. The petitioner shall refer to the specific application packet to determine the format and number of copies to be delivered to the Department.
5. Expiration. If a petitioner fails to provide comments, revisions or contact within a 6-month time period, and the Department has attempted to contact the petitioner, the application will be considered null and void.

Applications requiring public meetings shall be filed in accordance with the adopted Schedule of Meeting and Filing Dates, as set forth in Article 2.1. General Administration and subject to the Rules of Procedure of the applicable hearing body.

The Department shall maintain final records of all applications, plans, and permits filed and required by Indiana Law.

The City may inspect any land, structure or other improvement at any reasonable time to ensure compliance with any permit or application in this Chapter.

The Director has the authority to approve a request for an Administrative Alternate as set forth in this UDO. All Administrative Alternates shall be reviewed in accordance with the provisions of this Section.

The interpretation authority established by this section is intended to recognize that the provisions of the UDO, though detailed and extensive, cannot, as a practical matter, address every specific situation to which it may have to be applied. Many such situations can be readily addressed by an Administrative Determination of the specific provisions of the UDO considering the general and specific purposes for which those provisions have been enacted. Because the interpretation authority established is an administrative rather than a legislative authority, an Administrative Determination shall not have the effect of adding to or changing the essential content of the UDO but is intended only to allow authoritative application of that content to specific cases.

The Director, subject to the procedures, standards, and limitations of this Section, may render written interpretations of the provisions of the UDO and of any rule or regulation issued pursuant to the UDO.

Applications for Administrative Determinations may be filed by any person having a legal or equitable interest in property that gives rise to the need for an Administrative Determinations; if Interpretations shall not be sought by any person based solely on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion.

1. Application. Applications for Administrative Determinations of the UDO shall be filed in accordance with the requirements of Article 10.1. Procedures.
2. Action on Application. Within 10 working days following the receipt of a properly completed application, the Director shall inform the Applicant in writing of his/her determination, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the Director to act within 10 working days, or such further time to which the Applicant may agree, shall be deemed to be a decision denying the application rendered on the day following such 10-day period.
3. Appeal. Appeals from Administrative Determination rendered by the Director may be made in accordance with Sec. 10.2.3. Appeal of Administrative Determination.

The following standards shall govern the Director, and the Board on appeals from the Director, in issuing use determinations:

1. A determination for a use will be based on the criteria in Sec. 5.1.3 Use Determination; and
2. No determination shall permit the establishment of any use that would be inconsistent with the purpose and intent of the Zoning District.

No determination shall authorize the establishment of a use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the UDO and ordinances of the City including, but not limited to, a Building Permit, a Certificate of Occupancy, Primary and Secondary Plats, or Development Plan approval.

A determination shall be limited only to the circumstance for which it was issued, and such determination shall not be deemed to authorize any allegedly similar circumstance for which a separate determination has not been issued, unless otherwise provided for in the determination or a subsequent determination made by the Director.

The Board may consider an appeal of any decision, interpretation, or determination made by the Director, or any other administrative official or board charged with the duty of enforcing and interpreting the UDO. The procedure set forth in this Section shall apply to all appeals of administrative decisions, unless otherwise set forth by local or Indiana law.

1. If an appeal is filed in accordance with this Section, then the enforcing party shall take no further action on the matter pending the Board’s decision, except for unsafe circumstances which present an immediate danger to the public.
2. If the administrative official or body from which the appeal is taken certifies to the Board that, because of the facts stated in the certificate, a stay would cause imminent peril to life or property, a Stay of Work shall not be issued. In that case, proceedings or work may not be stayed except by a Restraining Order. After application, after notice to the administrative official or body and to the owner of the premises affected, and after due cause is shown, the Board or the City Court may grant the Restraining Order.

The Applicant shall submit an administrative appeal application within 30 days of when the decision, interpretation, or determination was made, along with the required supporting information. Supporting information shall include, but not be limited to, the following:

1. Original Submittals. Copies of all materials upon which the decision being appealed was based.
2. Written Decisions. Copies of any written decisions that are the subject of the appeal.
3. Appeal Basis. A letter describing the reasons for the appeal noting specific sections of the UDO or other applicable standards upon which the appeal is based. 

The Board will then, at a meeting scheduled consistent with the adopted Schedule of Meeting and Filing Dates, review the administrative appeal application and supporting information.

1. Representation. The Applicant and/or any representative of the appellant must be present at the meeting to present the appeal.
2. Testimony. The Board shall consider at the meeting a report from the Department and/or enforcing party, testimony from the Applicant, and/or testimony from witnesses.
3. Procedures. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the Rules and Procedures of the Board.

The Board may affirm, affirm with modifications, reverse, or continue the appeal.

1. Affirm. If the Board finds the administrative decision was consistent with the provisions of the UDO, then the Board shall affirm the determination in writing.
2. Affirm with Modifications. If the Board determines the proper determination of the provision(s) of the UDO that are subject to the appeal is consistent with neither the administrative determination nor the requested interpretation of the Applicant, then the Board may affirm the determination with modifications.
3. Reverse. If the Board finds the administrative determination was inconsistent with the provisions of the UDO, then the Board shall reverse the determination in writing.
4. Continuances. The appeal may be continued based on a request by the Department or Applicant; an indecisive vote; or a determination by the Board that additional information is required prior to action being taken on the request. The continuing of all applications shall be consistent with the Rules and Procedures of the Board.

Any person aggrieved by the decision of the Board may appeal such decision to the Circuit Court, as provided in IC 36-7-4-1000 et seq.

An application for a Certificate of Compliance (“CofC”) may be filed in accordance with this Section. A CofC: (i) may be required as set forth by the UDO; (ii) may serve as a written confirmation by the City that a property or use complies with the UDO, as may be requested by an applicant; (iii) may serve as a written verification of a property’s zoning, as may be requested by an applicant; and, (iv) shall be required for:

1. A change in use (e.g., change from residential to non-residential).
2. Exterior building or site improvements that would not otherwise require an Improvement Location Permit or Development Plan approval.
3. Landscaping (e.g., buffer yards) in Common Areas or Open Spaces.
4. Conditions of approval associated with an approval of the Board, Commission, Committee(s) or Council.
5. Other similar circumstances as may be determined by the Director.

A complete application shall be submitted on forms provided by the Department, or a detailed written request to the Department with supporting information. Applications, requests, plans, and specifications filed by an Applicant shall be checked by the Department for compliance with the UDO. If the Department is satisfied that the property, plans and information provided in the application conforms to the requirements of the UDO and other applicable laws and ordinances, then the Department shall issue a CofC to the applicant.

No CofC shall authorize the establishment of a use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely certify compliance of an existing property, use and/or improvements thereon made in accordance with an approved permit. The filing and processing of applications for any permits and approvals may be required by the UDO and ordinances of the City including, but not limited to, a Building Permit, a Certificate of Occupancy, Primary and Secondary Plats, or Development Plan approval, for proposed improvements or uses.

A CofC shall be limited only to the circumstance for which it was issued and at the time it was issued, and the CofC shall not be deemed to authorize any allegedly similar circumstance for which a separate review or certificate has not been issued or change in circumstances, unless otherwise provided for in the CofC.

It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy (“CofO”) shall have been issued by the Department. The CofO shall state that the proposed use of the building and/or land conforms to the requirements of the UDO and that the Department has inspected the property and attested to that fact.

Applications for a CofO shall be filed in accordance with this Section.

A CofO may be issued by the Department within 10 days after notification by the Applicant that the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land shall have been completed and the finding of the Department that such erection, reconstruction, or structural alteration is complete.

In case any building, structure, or property is, or is intended to be erected, constructed, reconstructed, altered or converted, or any building, structure, or property is, or is intended to be used in violation of, or contrary to the provisions of this ODO, the Director is hereby authorized, in addition to other remedies set forth in Indiana law and in this ODO, to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, alteration, conversion, or use. See also CHAPTER 11. ENFORCEMENT & PENALTIES.

An application for a permit for any use shall not be approved until it has been ascertained by the Department that the proposed use and minimum Lot size and width meet the minimum standards for a sewage disposal system as required by the County Health Department, the Board of Public Works, other licensed centralized waste collection entities of appropriate jurisdiction, and as otherwise required by the UDO.

Prerequisite

1. When the improvement covered by the issued permit has been completed in substantial conformity with the architectural plan, site plan and/or development plan submitted with the application, a Conditional CofO may then be issued. For nonresidential structures, the Conditional CofO shall permit the stocking, shelving, furniture installation and similar activities but not the utilization of the building for public use or the term “Open for Business.” For residential structures, a Conditional CofO does permit the occupying of the structure in most instances. The duration of a Conditional CofO shall be for a period specified by the Director, not to exceed six (6) months from the date of issuance. Upon expiration of the Conditional CofO, either the conditions of issuance shall be met and a final CofO issued, or the site may face enforcement action pursuant to CHAPTER 11. ENFORCEMENT & PENALTIES.
2. In conjunction with the approval of a Conditional CofO, the Director may require the petitioner to bond for all unfinished public improvements pursuant to Sec. 10.2.8. Construction Surety .

A copy of every CofO issued pursuant to this Section shall be kept on file in the office of the Department and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.

An Applicant may be required or allowed to make a commitment to the Board, Commission, Committee(s) or Council as a condition to the use or development of real estate in connection with the: (i) approval of a change of zoning proposal; (ii) approval of a Primary Plat or Development Plan; (iii) approval of a vacation of all or part of the plat; or (iv) approval of an application for a Variance.

Commitments shall be reduced to writing in a prescribed recordable form approved by the City and signed by the owner(s) of the real estate and cross-referenced to the associated recorded document.

Commitments may contain terms providing for their own expiration. A commitment may contain terms that the commitment automatically terminates: (i) if the Zoning District or classification applicable to the property is changed; (ii) if the use to which the commitment relates is changed; or (iii) otherwise in accordance with the Rules of Procedure of the Board, Commission, Committee(s) or Council to which the commitment is made. If not otherwise provided, commitments shall be in effect until otherwise modified or terminated pursuant to the UDO and by the decision-making body of origin.

Executed commitments shall authorize their recording by the Department in the Office of the Recorder of County , Indiana, upon the final approval of the related petition. If recorded by the Department, then the Department shall return the original recorded commitments to applicant and shall retain a copy of the recorded commitments in its file. If recorded by the applicant, then the applicant shall return a copy of the recorded commitments to the Department within 10 business days after recording.  

The City may enforce any commitments the Board, Commission, Committee(s) or Council has accepted pursuant to I.C. 36-7-4-1015, or as otherwise provided by applicable law.

A commitment made pursuant to the UDO, may be modified or terminated only at a public hearing with a decision of the Board, Commission, Committee(s) or Council to which the commitment was made. Any modification or termination of the commitments shall not be effective until: (i) reduced to writing in a form approved by the City; (ii) approved by the originating Board, Commission, Committee(s) or Council; (iii) executed and notarized by the current property owner of the real estate; and, (iv) recorded in the Office of the Recorder of County, Indiana.

In conjunction with the approval of certain applications identified herein, the Board, Commission, Committee(s) and/or City Council may impose conditions of approval concerning the use or development of the parcel that will, in its judgment, substantially secure the objectives of these regulations.

The Department shall prepare the conditions of approval instrument in a form approved by the City Attorney. The Director shall sign the conditions of approval instrument.

The Department shall record the conditions of approval instrument in the County Recorder’s office within 30 days of the approval. The Department shall deliver a copy of the recorded conditions of approval instrument to the petitioner within 30 days of recording.

A condition of approval made pursuant to the UDO, may be modified or terminated only at a public hearing with a decision of the Board, Commission, Committee(s) or Council by which the condition was made. Public notice of the public hearing shall be provided per the Rules of Procedure for the Board, Commission, Committee(s) or Council. The Department shall prepare and record a conditions of approval modification instrument or conditions of approval termination instrument in the same manner required for a conditions of approval instrument. A modified condition of approval shall be enforced in the same manner as any other condition of approval. 

The City may enforce any condition of approval that has been imposed as if the condition were a standard of the UDO.

1. A bond to the City required for public improvements or installation shall be executed prior to the time of an Improvement Location Permit issuance for a single site development or prior to subdivision plat recording, unless the required public improvements have already been constructed, inspected and approved and accepted by the receiving public entity. The improvements that shall be guaranteed include facilities which shall become public, and may include other facilities or improvements set from in the project specific Department of Engineering Residential and Commercial Development Surety Requirements (the “Engineering Letter”) required under the provisions of this UDO, and the Construction Specifications and Standard Construction Specifications and Details for the City of Fishers (“Construction Standards”). See also Sec. 7.1.4. Principles & Standards of Design.

2. A performance bond approved by the City shall be required ensuring the timely and proper installation of required improvements as further specified by the Engineering Letter; provided, however, that any improvements to be dedicated to Hamilton County (“County”) or other receiving entity within the City’s planning jurisdiction area shall be bonded and guaranteed in accordance with County requirements and policy.

3. The land developer shall obtain a performance bond prior to recording an approved secondary plat if the area under development is within the existing public right-of-way or related to erosion control, unless the required public improvements have already been constructed, inspected and approved and accepted by the receiving public entity.
4. As a condition precedent to recording the secondary plat, the land developer shall obtain a performance bond for any incomplete or unfinished streets, sanitary piping, storm water piping systems, water mains, sidewalks, and erosion control that: (i) are: (A) in the approved development; or (B) required to service the approved development; and (ii) are included within: (A) the legal description of the recorded plat; or (B) a section in the legal description of the recorded plat; identified in the land developer's secondary plat filing.
5. The City shall not approve any project that involves public improvements without a performance bond to cover the proposed improvements and installation, unless the required public improvements have already been constructed, inspected and approved and accepted by the receiving public entity.
6. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their performance guarantees.
7. Surety will be reviewed as part of the Improvement Location Permit or Subdivision Improvement Permit. The application shall include, but not be limited to, the following documents:
   1. An estimate prepared by a Professional Engineer for the amount of the performance bond; and 
   2. Such other information as may be required by the City to evaluate the surety.
8. Upon receipt of a complete application and supportive documents for an Improvement Location Permit or Subdivision Improvement Permit (see also Article 10.1. Procedures) the Department shall forward the Construction Cost Estimate to the Engineering Director for review. The City may inspect at any reasonable time any structure, other improvement, or site that is the subject of a Performance Surety.
9. Engineering Review.
   1. Upon receipt of a complete application and supportive documents for an Improvement Location Permit or Subdivision Improvement Permit, the Engineering Director shall review the developer’s construction estimate, and either approve or revise the amount. The Engineering Director shall confirm that the performance bond:
      1. Is issued in an amount equal to 125% of the approved or revised construction estimate, which amount accounts for the estimated cost of inflation for materials and labor required to complete the project, improvements and installations in compliance with the UDO, the Construction Standards and the Engineering Letter;
      2. Provides surety satisfactory to the City County or receiving entity;
      3. Runs to and is in favor of the City, County or receiving entity;
      4. Specifies the time for the completion of the improvements and installations (both on and off site);
      5. Is in effect and shall not terminate until 30 calendar days after the final construction and Maintenance Surety is accepted by the City, County or receiving entity; and
      6. Is in a form approved by the City Attorney.
   2. The Engineering Director may inspect at any reasonable time any structure, other improvement, or site that is the subject of a Performance Surety.
   3. The Engineering Director shall recommend approval or rejection of the Performance Bond.  
10. Duration.
    1. The completion of public facility improvements and installations shall be within two (2) years of the approval of the project, unless otherwise specifically approved by the City and specifically stated within the terms of the Performance Bond.
    2. Should the developer not complete the public facility improvements and installations as herein required, the Engineering Director may approve the developer’s written request for an extension of time of up to two (2) additional years, granted in six-month intervals, for completion of the required public facility improvements and installations if developer’s surety is also extended.
    3. Should the developer not complete the public facility improvements and installations as herein required, the City may make demand upon or call the bond and take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the performance bond.
    4. The performance bond shall be in effect and shall not terminate until 30 calendar days after the Certificate of Final Acceptance is issued by the City and the Maintenance Bond has been accepted by the City, County or receiving entity.
11. Performance Surety Reduction.
    1. An annual partial release of a Performance Surety held by the City, County or receiving entity may be approved by the City if the City, County or receiving entity and the land developer (or its designated agent) mutually agree in writing before or during development of the project.
    2. Bonds held by the County or receiving entity, must be reduced in accordance with County bonding policy. The City shall receive notice of said reduction(s). 

1. The purpose of the Maintenance Bond shall be to:
   1. Ensure and guarantee the maintenance of all improvements and installations, including sidewalks, during a three-year period following preliminary acceptance of the improvements and release of performance bonds; 
   2. Provide a maintenance bond satisfactory to the City, County or receiving entity;
   3. Warrant the workmanship and all materials used in the construction, installation and completion of said improvements and that the installations are of good quality and have been constructed and completed in a workmanlike manner in accordance with:
      1. The standards, specifications and requirements of this UDO;
      2. The approved Construction Plans and specifications therefor; and
      3. The Construction Standards.
   4. Provide that, for a period of three (3) years after said installations and improvements have been completed and are preliminarily accepted by the City, the developer shall at his own expense make all repairs to said improvements and installations.
2. The improvements shall have passed inspection by the Engineering Director prior to submitting the required Maintenance Bond to the City.
3. A developer shall provide a Maintenance Bond for (i) any project for which a Performance Bond was required (Except for Erosion Control or BMPs); and (ii) sidewalks in residential developments. The Maintenance Bond shall be obtained upon release of the Performance Bond or, regarding sidewalks, prior to issuance of a certificate of occupancy for the primary structure.
4. Prior to the City releasing developer’s performance surety and/or a certificate of occupancy, developer shall provide a maintenance bond as further specified herein:
   1. Certification by a Professional Engineer that all improvements were installed as shown and in conformance with the UDO, the Construction Standards and the Engineering Letter.
   2. Estimate prepared by a Professional Engineer for the maintenance bond, which bond shall be in a sum of not less than 20% of the cost to construct the improvements and installations plus a reasonable estimate of the cost to repair and maintain the improvements and installations in compliance with the UDO, the Construction Standards and the Engineering Letter; and
   3. Such other information as may be required by the City to evaluate the application.
5. Upon receipt of a complete application and supportive documents, the Department shall forward the application to the Engineering Director for review. The Department may inspect at any reasonable time any structure, other improvement, or site that is the subject of a Maintenance Surety.
6. Application Review.
   1. The Engineering Director (nonresidential sidewalks) or the Building Official (residential sidewalks) shall review the developer’s estimate, and either approve or revise the amount.
   2. The estimate along with the application and supportive documents will be reviewed. The Engineering Director (nonresidential sidewalks) or the Building Official (residential sidewalks) shall confirm that the maintenance bond shall:
      1. Be in a sum of not less than 20% of the cost to construct the improvements and installations plus a reasonable estimate of the cost to repair and maintain the improvements and installations in compliance with the UDO and the Construction Standards;
      2. Provide surety satisfactory to the City, County or receiving entity;
      3. Run to and be in favor of the City, County or receiving entity;
      4. Be in effect and shall not terminate for three (3) years the date in which the improvements or installations were preliminarily accepted by the City; and
      5. Be in a form approved by the City Attorney.
   3. The Engineering Director (nonresidential sidewalks) or the Building Official (residential sidewalks) may inspect at any reasonable time any structure, other improvement, or site that is the subject of a Maintenance Surety.
   4. The Engineering Director (nonresidential sidewalks) or the Building Official (residential sidewalks) shall approve or reject the Maintenance Bond.
7. Nonperformance. Should the improvements and installations require maintenance within the three-year (3) period and the developer fails to perform such maintenance, the City shall make demand upon or call the bond and take the necessary steps to repair and/or maintain the improvements and installations, making use of the maintenance bond proceeds.

1. The purpose of this section is to outline the procedure employed by the City to ensure compliance with all applicable ordinances and regulations when considering a petition for a Certificate of Final Acceptance.
2. When the required public facility or City required improvements and installations for any project for which a Maintenance Surety has been submitted have been completed, the owner or developer shall apply for a Certificate of Final Acceptance from the City.
3. Application. Upon receipt of a complete application and supportive documents (see also Article 10.1. Procedures) the Department shall forward the Certificate of Final Acceptance application to the Engineering Director for review.
4. Certification. Certification by a Professional Engineer stating that all improvements were installed as shown and in conformance with the UDO and the Construction Standards shall be required.
5. Engineering Department.
   1. Upon completing the construction of the public or City required improvements covered by the Maintenance Surety, and prior to the termination of the surety period, the developer shall prepare and file with the City a set of the approved public improvement plan and profile drawings, amended to indicate as-built information, and shall apply to the Engineering Director for a final inspection of the work.
   2. The Engineering Director shall inspect the improvements for compliance with this UDO and the Construction Standards.
   3. The Engineering Director shall, in his sole discretion, recommend that the Maintenance Surety be released, extended, or declared in default.   In making his determination, the Engineering Director shall accept public improvements that meet the following conditions: 
      1. The completed public improvements shall comply with the design standards of this Chapter; in accordance with the Construction Standards and the Engineering Letter; and have been installed in accordance with the approved plans;
      2. All final inspections required by the City have been completed and the improvements found to be acceptable by the Engineering Director;
      3. The developer has prepared and submitted two (2) sets of prints of record plans that accurately depict the improvements as actually built (as-built plans); and
      4. The developer, by appropriate instrument, has conveyed to the City good title, free of all liens, for all public improvements for which the City is to be responsible for operation and maintenance. Any required easement shall be deeded to the appropriate governmental entity by instrument approved in form by the City Attorney and bearing acceptance on behalf of the appropriate entity. The developer shall have furnished a copy of the recording receipt to the City prior to Maintenance Surety release.
6. Extraterritorial Jurisdiction. Any public improvements installed pursuant to a County or other entity surety within the City’s extraterritorial planning jurisdiction shall be inspected and accepted by County  in accordance with County  surety policy.

1. Notwithstanding the above provisions of this Section 10.2.8. for Public Improvements, prior to turnover of control of the board of directors of the homeowner's association by the developer of the owners of home in a development, the developer shall cause an inspection of drainage, sidewalks and street tree improvements in the development not located on a platted lot or for which the homeowners' association has a maintenance responsibility (a "Common Area Improvement"). inspection shall:

   1. be performed by an independent, licensed professional engineer or land surveyor selected and paid for by the declarant, and

   2. determine whether each Common Area Improvement has been completed an is in compliance with all applicable requirements of: the City of Fishers, including: any PUD Ordinance; the Hamilton County Surveyor's office; and any other applicable governmental authority or utility. 

1. Any development that includes improvements that are intended to be dedicated to the City shall meet the standards within this section
2. Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to serve the proposed development. Any public streets which will carry the increased traffic from the development shall be adequate to accommodate such traffic.
3. Drainage facilities and public utilities shall have sufficient capacity to serve the development.
4. The Engineering Director shall decide the needed street and drainage improvements.
5. The Engineering Director or outside entities shall decide the needed utility improvements.
6. When public improvements are required, the developer or authorized representative is required to post performance and maintenance guarantees in accordance with Sec. 10.2.8. Construction Surety.
7. All private streets shall be constructed to the private street standards set forth in the Construction Standards in accordance with Sec. 7.1.4. Principles & Standards of Design.
8. Manufactured or mobile home parks shall be in accordance with State Law and their subsequent amendments, the State Board of Health requirements, and the requirements of this UDO.

1. Only those streets that are a functioning part of the overall traffic requirements of the City, or that clearly provide required access, both ingress or egress, to adjacent areas or points of access, shall be considered for dedication to and acceptance by the City as public streets and, if accepted, thereafter be maintained by the City.
2. All streets accepted for dedication shall be designed and constructed in accordance with this Chapter, the City’s Construction Standards (see Sec. 7.1.4. Principles & Standards of Design) for the City of Fishers, and the Transportation Plan.
3. Parking areas, blisters, bubbles or lots shall not be located within the dedicated street right-of-way, but may be connected to the street with approved drives, and ingress and egress controls. 
4. All other streets, drives and traffic areas on site shall be and remain a part of the subdivision and hence maintained by the owners or occupants of said subdivision.

1. Water Utility. The arrangement for the dedication or private maintenance of water service shall constitute an agreement between the developer and the water utility, the only exception to that being that only those fire hydrants located within dedicated street rights-of-way shall be included in the fire hydrant rental agreement between the City and the water utility. All other hydrants shall be considered private and the rental shall be managed between the owner and the water utility.
2. Street Lighting. The above policy water utility and service conditions shall likewise apply to street lighting. The electric utility and street lighting is provided by a franchise agreement between the City and the electric utility.
3. Sanitary Sewer. Sanitary sewer service within the jurisdiction of the Commission is provided by franchise agreement with a sanitary sewer service provider. Sanitary sewers constructed in other sanitary sewer service areas shall be constructed to the standards specified by the utility providing the service. Sanitary sewer systems within the City’s sanitary sewer service area shall be constructed to the City’s standards. Allowable infiltration quantities shall be strictly controlled by the City. Only those sewers that meet the approval of the City shall be connected to the City’s collection system. All sanitary sewers shall be totally completed, inspected and tested prior to any connection with the existing system. Only those sanitary sewers located in dedicated street rights-of-way or in utility easements shall be accepted by the City as part of its system, and for maintenance by the City.
4. Storm Water. The above sanitary sewer policy shall likewise prevail for storm sewers and drainage facilities, to the extent that only those storm drainage facilities that are in street rights-of-way or easements shall be accepted by the City. Detention, retention, and/or lakes and ponds shall remain private property, and shall not become a part of the City’s system or obligation for maintenance.

Platted easements and deed of easements shall be provided in the locations and dimensions required by the City to:

1. Allow for adequate storm drainage facilities;
2. Allow for proper installation of water and sewer lines, whether immediately proposed or necessary for adequate service in the future;
3. Allow for cross-access between properties;
4. Allow for adequate transit facilities and access;
5. Allow for adequate pedestrian and bicycle access;
6. Allow for adequate right-of way for street types;
7. Allow for adequate public access; and
8. Allow for adequate slope for roadway construction.

All proposed developments submitted for Commission approval under the provisions of this Section shall allocate areas of suitable size and location, wherever necessary, for drainage and/or utility easements. All easements and corresponding utility location plans shall be complete and approved prior to the final approval of an Improvement Location Permit or secondary plat. .

If any stream or necessary surface drainage course is in an area to be developed, an easement shall be established along all sides per the County Surveyor if it is a legal drain or 20 feet per side (measured from top of bank) if not a legal drain. The easement shall be allocated for widening, deepening, sloping, improving or protecting said stream or surface drainage course.

When an easement is required by this UDO, a commitment, or a condition of approval, each owner of record (“grantor”) shall execute the easement instrument in favor of the adjoining property owner (“grantee”). Said instrument shall: 

1. Specify the docket numbers of the petitions with which the easement is associated;
2. Specify the grantee’s financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements;
3. Require that any public improvement (for example, street) be built to the standards of the City;
4. Specify those activities the grantee is authorized to perform in the easement (for example, grant public access for cross-access);
5. Specify those activities the grantor is prohibited from performing in the easement (for example, prohibit parking within a cross-access easement);
6. Be binding on all heirs, successors, and assigns to the property on which the easement is located;
7. Be enforceable by the grantee and the City;
8. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement;
9. Provide for modification or termination in the manner stipulated in the UDO;
10. Be cross-referenced to the most recently recorded deed to the property on which the easement is to be established;
11. Include a metes and bounds description of the easement;
12. Be signed by a duly authorized representative of the property owner of record granting the easement and by a duly authorized representative of the grantee accepting the easement.
13. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a Certificate of Dedication signed by the property owner of record, and a Certificate of Acceptance signed by the grantee or its agent.
14. If the Declaration of Covenants is included on the plan (e.g. Secondary Plat, Development Plan, etc.), the easement certificate shall not be incorporated into the Declaration of Covenants, and shall be clearly separate from the Declaration of Covenants.

When a plan (e.g. Secondary Plat, Development Plan, etc.) is being recorded, the developer may forego a separate easement instrument in favor of printing the following for each easement type directly on the plan to be recorded:

1. Cross-access Easement Certificate. “There are shown on this instrument areas that are designated as ‘Cross-access Easement’ or abbreviated as ‘C-A.E.’ Such easements are hereby established in favor of the adjoining property owner (‘grantee’), and grant the public the right to enter the easement for purposes of accessing adjoining parking lots. These easements prohibit any person from parking vehicles within the easement, and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the City may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the City of Fishers UDO, or its successor ordinance.”
2. Private Street Easement Certificate. “There are shown on this instrument areas that are designated as ‘Private Street Easement’ or abbreviated as ‘P.S.E.’ Such easements are hereby established in favor of the adjoining property owners (‘grantee’), and grant the grantee the right to enter the easement for purposes of accessing their lot. These easements prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the City may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the City of Fishers UDO, or its successor ordinance.”
3. Shared Driveway Easement Certificate. “There are shown on this instrument areas that are designated as ‘Shared Driveway Easement’ or abbreviated as ‘S.D.E.’ Such easements are hereby established in favor of the adjoining property owners (‘grantee’), and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement prohibits the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the City may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the City of Fishers UDO, or its successor ordinance.”
4. Subdivision Sign Easement Certificate. “There are shown on this instrument areas that are designated as ‘Subdivision Sign Easement’ or abbreviated as ‘S.S.E.’ Such easements are hereby established in favor of the [______] Homeowners Association (‘grantee’), and grant the grantee the right to enter the easement for purposes of altering, repairing, maintaining, or removing the improvements. These easements prohibit the property owner or any other person from placing any obstruction in front of, altering, removing, or otherwise impairing the improvements within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the City may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the City of Fishers UDO, or its successor ordinance.”
5. Temporary Turnaround Easement Certificate. “There are shown on this instrument areas that are designated as ‘Temporary Turnaround Easement’ or abbreviated as ‘T.T.E.’ Such easements are hereby established in favor of the public (‘grantee’), and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement also grants the City the right to alter, repair, maintain, or remove the improvements. The easement prohibits any person from parking vehicles within the easement and prohibits the property owner or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the City may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the City of Fishers UDO, or its successor ordinance.”

The purpose and intent of this Section is to outline the procedure employed by the City in order to afford the public an avenue of appeal when there is some doubt that the Floodplain Administrator has rendered a correct interpretation of the applicable ordinances and regulations while administering or enforcing the requirements of CHAPTER 9. FLOODPLAIN STANDARDS.

1. The Board shall hear and decide Floodplain Standards Appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of CHAPTER 9. FLOODPLAIN STANDARDS.

1. When an appeal from the decision of the Floodplain Administrator has been filed, the Board stay the proceedings and work on the premises affected.
2. If the Floodplain Administrator certifies to the Board that, because of the facts stated in the certificate, a stay would cause imminent peril to life or property, a Stay of Work shall not be issued. In that case, proceedings or work may not be stayed except by a Restraining Order. After application, after notice to the Floodplain Administrator and to the owner of the premises affected, and after due cause is shown, the City Court may grant the Restraining Order.

1. An application for an appeal of a decision by the Floodplain Administrator shall be filed in accordance with Article 10.1. Procedures.
2. No fee shall be required as part of an appeal of a decision by the Floodplain Administrator.  

1. The Department shall review a Floodplain Standards Appeal petition upon receipt of a complete application and supportive documents.
2. Once the Department has determined that the petitioner has made a complete submittal, the Department shall:
   1. Assign the item a docket number;
   2. Place the item on an agenda of the Board of Zoning Appeals;
   3. Inform the appellant of the time, date, and place of the meeting.
   4. The Department may inspect at any reasonable time any structure, other improvement, or site that is the subject of a Floodplain Standards Appeal petition.
   5. The Department shall prepare a written report outlining its findings with respect to the Floodplain Standards Appeal. The Department report may incorporate, or incorporate by reference, any items that remain outstanding with the other members of the TAC.

1. Decision Making Body. The Board shall hear and decide Floodplain Standards Appeals.
2. Process. The process for a Floodplain Administrator Appeal shall comply with Sec. 10.1.1. Common Review Procedures.
3. Submittal. The appellant shall refer to the application packet to determine the format and number of copies of the informational packet to be delivered to the Department for distribution to the members of the Board. Incomplete submittals may result in the petition’s being held off the Board agenda to allow the appellant time to complete the submittal. Materials submitted by the petitioner after the informational packets have been distributed shall be subject to action pursuant to the Board Rules of Procedure.
4. Review. The Board shall review:
   1. The written statement and supportive material submitted by the appellant;
   2. The record of action supplied by the Floodplain Administrator;
   3. The testimony of the appellant;
   4. The testimony of the Floodplain Administrator;
   5. Relevant evidence presented by other persons;
   6. All technical evaluations;
   7. All relevant factors;
   8. All standards specified in other sections of the UDO;
   9. The danger of life and property due to flooding or erosion damage;
   10. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
   11. The importance of the services provided by the proposed facility to the community;
   12. The necessity to the facility of a waterfront location, where applicable;
   13. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
   14. The compatibility of the proposed use with existing and anticipated development;
   15. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
   16. The safety of access to the property in times of flood for ordinary and emergency vehicles;
   17. The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site;
   18. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;
   19. The Department report; and
   20. Any additional information provided at or prior to the public hearing.
5. Decision. The Board may reverse, affirm or modify the order, requirements, decision or determination of the Floodplain Administrator.

Any person aggrieved by the decision of the Board may appeal such decision to the Circuit Court, as provided in IC 36-7-4-1016.

The following shall apply to land alteration work:

1. No person, either as property owner, contractor, private engineer, or otherwise, shall do or shall cause to be done any land alteration work without a Grading Permit to do such work.
2. All work done in land alteration shall be done in accordance with the conditions of the required permit, and shall conform to the approved plans, standard drawings, specifications, and general conditions as may be determined by the City Engineer to be applicable to the work.
3. The Grading Permit is contingent upon an approved Grading Plan and an approved Erosion and Sedimentation Control Plan.
4. A Grading Permit does not authorize the installation of infrastructure or any other physical improvements to the site beyond what is required to meet the Erosion and Sedimentation Control Plan.

1. Grading Plan. The Grading Plan for the site must be approved by the appropriate City, local, State, and federal authorities prior to the issuance of a Grading Permit.
2. Erosion and Sedimentation Control Plan. The Erosion and Sedimentation Control Plan for the site must be approved by the appropriate City, local, State, and federal authorities prior to the issuance of a Grading Permit.

Application of a Grading Permit shall be filed with the Department of Engineering in the form prescribed by the Director of Engineering.

The Director of Engineering shall approve or deny the application within 20 working days of the receipt of a completed application, fee, and supportive documents (the 20 days begin upon receipt of any revisions required by TAC).

In conjunction with the approval of a Grading Permit, the petitioner shall provide financial surety for all public improvements pursuant to Sec. 10.2.8 Construction Surety.

The petitioner shall post the Grading Permit on the project site in a conspicuous location.

Prior to the initiation of site grading, the Director of Engineering shall inspect the erosion and sedimentation controls installed by the petitioner to ensure that they meet or exceed the measures in the approved Erosion and Sedimentation Control Plan. In addition, the Department may inspect any structure or other improvement at any reasonable time to ensure compliance with the Grading Permit.

The Director of Engineering shall apprise the petitioner in writing of any deficiencies in the installation of the erosion and sedimentation control measures. The petitioner shall schedule a follow-up inspection once the deficiencies have been corrected.

Grading shall not commence until the Director of Engineering has approved the installation of the erosion and sedimentation control measures for the site. Initiation of grading prior to receiving the approval of the Director of Engineering shall constitute a violation of the UDO, and shall be addressed as provided in CHAPTER 11. ENFORCEMENT & PENALTIES.

The work or use authorized by any Grading Permit must be commenced within six (6) months of the date of issuance; otherwise, the Grading Permit shall lapse and become null and void. All work so authorized shall be completed within 12 months from the date of issuance of the Grading Permit, unless good cause for an extension of time for completion is shown to the Director of Engineering. Upon the issuance of an Improvement Location Permit or a Subdivision Improvement Permit, the Grading Permit becomes part of the Improvement Location Permit or the Subdivision Improvement Permit.

The petitioner may submit revisions or amendments to an approved Grading Permit for consideration by the Department of Engineering and the City, local, State, and federal authorities having jurisdiction. A revision or amendment to an approved Grading Permit shall only be authorized upon review and approval by the City, local, State, and federal authorities having jurisdiction. Changes, amendments or resubmittals shall be subject to the Standard Construction Specifications and Details for the City in effect at the time the application for such changes, amendment or resubmittal is made.

The purpose and intent of this Section is to encourage development within the City in such a manner as to provide for the improvement of the health, safety, convenience, and welfare of its citizens. Therefore, an Improvement Location Permit (ILP) will be required so that new areas will develop with adequate street, parking, drainage, utilities, and health consideration. The scope of an ILP allows site work only (e.g. site grading, infrastructure installation, etc.).

No improvement or use of land may be altered, changed, placed, erected, or located on platted or un-platted lands in all zoning districts unless the improvement or use and its location conform with the Comprehensive Plan, the UDO, and an Improvement Location Permit for such improvement or use has been issued.

Property used solely for agricultural purposes or for single-family residential purposes do not require and Improved Location Permit.

Application of an Improved Location Permit shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

The Director shall approve or deny the application within 120 working days of the receipt of a completed application, fee, and supportive documents. If the Director denies the application, the Department shall provide the petitioner the reasons for the denial in writing.

Duration 

1. The work or use authorized by the ILP shall start within six (6) months of the date of issuance; otherwise the ILP shall lapse and become null and void. All work authorized by any ILP shall be completed within 24 months from the date of issuance, unless an extension is granted by the Director. 

2. One (1) extension of up to six (6) months may be authorized by the Director for reason/cause. A written request for an extension  and a construction schedule shall be submitted to the Director. 

In conjunction with the approval of an Improvement Location Permit, the petitioner shall provide financial surety for all public improvements pursuant to Sec. 10.2.8. Construction Surety.

The petitioner shall post the Improvement Location Permit on the project site in a conspicuous location.

The Department may inspect any structure or other improvement at any reasonable time to ensure compliance with the Improvement Location Permit.

Generally, a Planned Unit Development (PUD) Zoning District may be established to provide for the development of mixed zoning classifications, densities, and uses under a common classification, when presented to the Commission in a well prepared, organized and documented plan (See also Sec. 3.4.5. PUD Planned Unit Development District). This classification is intended to provide for:

1. Greater flexibility in applying the ordinances to mixed zoning classifications;
2. Innovative approaches to meet the demands of the housing, commercial, and business markets;
3. The recognition of the interdependency of the housing, commercial, and business markets;
4. 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;
5. The planning and development of mixed zoning classes consistent with the best interest of the jurisdictional area of the City and the applicable ordinances.

A PUD District requires the following approvals:

1. Ordinance, Preliminary Architectural Drawings and Concept Plan (collectively, “PUD District Ordinance”).
2. Subdivision Approval in accordance with Sec. 10.2.20. Subdivision (Platting).

Application of an PUD District Ordinance shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

An application for a PUD District Ordinance shall be reviewed and considered by the PUD Committee, Commission and Council in accordance with Sec. 10.2.25. Zoning Map Change (Rezone).

In conjunction with its recommendation to the Council regarding a PUD District Ordinance, the PUD Committee and Commission may recommend that the Council permit or require the petitioner to make written commitments concerning the use or development of the parcel. Commitments shall be provided in accordance with this Article (see also Sec. 10.2.6 Commitments).

In conjunction with its recommendation to the Council regarding a PUD District Ordinance, the PUD Committee and Commission may recommend that the Council impose conditions of approval concerning the use or development of the parcel.

Following the PUD Committee and/or Commission review, the petitioner shall submit revised copies of the PUD District Ordinance that address the comments and concerns of the PUD Committee and/or Commission.

A PUD District Ordinance shall become effective after its approval by the Council and shall be recorded by the City in the Office of the Recorder of County, Indiana. The Zoning Map shall be amended accordingly. The use and development of the property shall thereafter be governed by the PUD District Ordinance, subject to review and approval of subsequent permits and approvals as required by the UDO, and any other regulatory processes which may be required prior to commencement of construction within the PUD District.

Failure to start construction for as it relates to a PUD District Ordinance within five (5) years of its effective date (unless extended by the Director or Commission) will automatically void the PUD Ordinance, Preliminary Architectural Drawings and Concept Plan. The PUD District Zoning will remain valid; however, a rezone or text amendment will need to be approved to establish a new PUD Ordinance, Preliminary Architectural Drawings and Concept Plan before any permits or approvals are granted for the properties within the PUD District. In the event construction work is involved, such work must commence within the stated period and be diligently pursued.

Extension of time up to a maximum two (2) years may be granted from the date of expiration of the PUD District Ordinance by the Director when extenuating circumstances can be clearly shown by the petitioner. The request for same shall be submitted to the Director in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced.

The Commission may grant such additional time extensions if there have not been adopted changes to Comprehensive Plan and zoning regulations that would impact the PUD District Ordinance.

Development Plan approval, as set forth in Sec. 10.2.10. (RESERVED FOR FUTURE USE), shall be required for all PUD Districts. Development Plans shall conform to the approved PUD District Ordinance and the UDO for portion of the PUD District Ordinance which defaults to the UDO for any development standard that is not modified as part of the PUD District Ordinance.

No permit of any kind shall be issued for any purpose within a PUD District except in accordance with the approved Development Plan, and after acceptance by the City of all required guarantees for improvements pursuant to the UDO.

PUD District Ordinances and supporting data shall include the following documentation. The Director, in its sole discretion, may, in writing, waive or relax any of the requirements listed which are not relevant or deemed unnecessary for a thorough review of the development.

1. PUD Ordinance. The PUD District Ordinance shall follow a standard format adopted by the City for PUD District Ordinances.
2. Preliminary Architectural Drawings. As part of the approval of a PUD District Ordinance, the PUD Committee shall review and approve the Preliminary Architectural Drawings before the PUD Ordinance is approved by the City Council. Approval of the Preliminary Architectural Drawings shall represent the architectural standards for the PUD District when the construction plans are submitted for review and approval.
3. Concept Plan. The Concept Plan shall show in general terms the following: major circulation; generalized location and dimensions of buildings, structures, and Parking Areas; Open Space areas; Conservation and/or Preservation areas; recreation facilities; and other details to indicate the character of the proposed development.
4. Written Statement of Character. A written statement of character of the PUD District shall provide an explanation of the character of the PUD District and the reasons why it has been planned to take advantage of the flexibility of these regulations.
5. Development Amenities and Open Space. The PUD District Ordinance must include a statement of recreational amenities and open space. Such statements shall designate and convey active and/or passive recreational areas in accordance with Article 8.4. Open Space, Common Area & Amenity Standards.
6. Traffic Impact Study. A Traffic Impact Study may be required to be conducted at the discretion of the Director, the Director of Engineering, or the Commission. If a Traffic Impact Study is required, then it shall be prepared by a registered professional engineer and shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the petitioner shall meet with the Department to determine the appropriate scope for the study.
7. Additional Materials. The Department shall inform the Applicant in writing of any additional information, documents or data deemed necessary to support a thorough review of the proposed development.

The procedure for amending an approved PUD District Ordinance (text amendment) shall be the same as the procedure for the adoption of the initial PUD District Ordinance as set forth herein. The Commission or the Council shall have standing to initiate a change or amend a PUD District Ordinance. Changes that shall require an amendment to a PUD District Ordinance include changes which alter the Concept Plan, Preliminary Architectural Plans or intent of the initial PUD District, as determined by the Director, which shall include but are not limited to:

1. Increases in density or intensity.
2. Changes in the proportion or allocation of land uses.
3. Changes in the list of approved uses.
4. Changes in the locations of uses outside of the parameters set forth by the PUD District Ordinance.
5. Changes in functional uses of Open Space, where such change constitutes an intensification of use of the Open Space.
6. Changes in the Concept Plan such that it creates a conflict with the intent of the PUD District Ordinance established with the original Concept Plan. 

1. Any public streets which will carry the increased traffic from the development shall be adequate to accommodate such traffic.
2. Drainage facilities and public utilities shall have sufficient capacity to serve the development.
3. The Engineering Director shall decide if additional utility, street and drainage improvements are needed as part of the new development 
4. When public improvements are required, the developer or authorized representative is required to post performance and maintenance guarantees for such improvements (see also Sec. 10.2.8. Construction Surety). 

The purpose of this section is to encourage the effective use of signs as a means of communication in the City; to maintain the City’s aesthetic environment by ensuring compatibility of signs with the area surrounding them; to encourage the use of signs appropriate to residential and commercial activities; to ensure the safety of vehicular and pedestrian traffic; and to encourage economic development within the City.

No sign shall be erected, altered or relocated without a Sign Permit issued by the Director except as otherwise provided within the UDO.

See Article 6.17. Signage Standards for sign standards.

Applications for a sign permit shall be on forms published by the Department and include appropriate filing fees and documentation set forth in Article 10.1. Procedures.

Applications shall be accompanied by the following information.

1. A square footage calculation of any proposed sign(s) and the Sign Plane on which sign is proposed to be located, as well as the location and square footage of all existing on-site sign(s).
2. Elevation and a true color rendering or other realistic depiction of the proposed sign, including size, materials, color and dimensions.
3. Illumination details for proposed signs, including the timing of sign illumination and method of control of such illumination.
4. Indication of sign type(s) as defined by the UDO.
5. Temporary and special event sign displays shall provide a schedule for sign displays which indicate the dates and duration of the sign displays.
6. Any other information necessary to support a thorough review of the project and as requested in writing by the Director.

Upon receipt of a complete application and supportive documents, the Director shall approve, deny, or advise the petitioner of any changes that need to be made to the application within seven (7) business days. If required by certain Zoning Districts, a Sign Permit shall not be approved until the application has been reviewed and approved by the City’s Board, Committees, and/or Commission. If additional documentation or changes are requested by staff, then the applicant has thirty (30) days to respond before the application is considered null and void. In determining the need for additional documentation or changes, staff shall consider:

1. The size (e.g. height, width, distance between grade and sign sign, copy size), composition (e.g. mertials, posts, poles), lighting or location conditions improved by the Unified Development Ordinance. 

A sign permit issued under the provisions of the UDO shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign. See also Sec. 2.3.5. Nonconforming Signs.

Upon installation, all signs shall be inspected for compliance and require a Certificate of Compliance (see also Sec. 10.2.4 Certificate of Compliance).

A sign permit shall become null and void if work has not been completed within 180 days of the date the permit is issued.

A Temporary Sign Permit is required before the placement of any type of temporary sign on a building or piece of property.

If any sign or temporary sign is erected, placed, installed or otherwise established on any property before obtaining a permit as required herein, the sign shall be in violation of the UDO and is subject to a Stop Work Order, an Order of Removal, mitigation, and/or fines and penalties per CHAPTER 11. ENFORCEMENT & PENALTIES. The property owner, sign owner, lessee, occupant, and/ or sign contractor may be held liable for a violation.

The Board may approve a use listed as a Special Exception in Sec. 5.1.5. Permitted Use Table, and its Accessory Buildings and uses, in accordance with the procedures set forth in this Section, and other regulations applicable to the Zoning District in which the subject property is located.

A Special Exception is a use that requires more scrutiny and review because of its potential adverse impact upon the immediate neighborhood and the community. The Board shall review a Special Exception and its characteristics and impacts to determine its suitability in each location for the Zoning District in which it is permitted. The determination of whether the Special Exception is approved shall be contingent upon: (i) the Special Exception meeting the standards of the UDO and those standards as set forth in this Section; and (ii) the Board weighing, in each case, the public need and benefit against the local impact, giving effect to the proposals of the Applicant for ameliorating adverse impacts through special site planning and development techniques and contributions to the provisions of public improvements, sites, right-of-way and services.

1. Application. Applications for a Special Exception shall be filed in accordance with the requirements of Article 10.1. Procedures.
2. Action by the Director. The Director shall review a filed application for completeness. All applications which are determined to be in proper form shall be docketed by the Department for a hearing by the Board.
3. Board Decision. Following the public hearing, the Board shall either: (i) reject the application; or (ii) approve, or approve with conditions, the application if the Board finds adequate evidence is shown that the Special Exception meets the criteria set forth herein.

A Special Exception may be approved by the Board only upon a determination in writing that the Special Exception at the proposed location meets the following:

1. The establishment, maintenance, or operation of the Special Exception will not be detrimental to or endanger the public health, safety, morals, or general welfare.
2. The Special Exception will be designed, constructed, operated, and maintained to: (i) not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted; (ii) not substantially diminish and impair property value within the neighborhood; (iii) be harmonious and appropriate in appearance with the existing or intended character of the immediate vicinity; and (iv) not change the essential character of the area.
3. The establishment of the Special Exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the Zoning District.
4. Adequate public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools have been or are being provided and the Special Exception will not result in excessive additional requirements at public expense for such public facilities and services.
5. Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion and have vehicular approaches are designed as not to create an interference with traffic on surrounding rights-of-way.
6. The Special Exception will be harmonious with and in accordance with the objectives of the Comprehensive Plan.
7. The Special Exception will be in a Zoning District where such use is permitted and that all other requirements of the Zoning District and this Ordinance, and as may be applicable to such use, will be met.

The listing of a Special Exception as a permitted use does not constitute an assurance or presumption that such Special Exception will be approved. Rather, each Special Exception shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth herein, to determine whether approval of the Special Exception is appropriate at the location and in the manner proposed.

The approval of a Special Exception by the Board shall be deemed to authorize only that use at that location for which the approval was granted. Except when otherwise provided by the Board’s approval of the Special Exception, a Special Exception shall be deemed to relate to, and be for the benefit of, the use and Lot in question, rather than the Property Owner or operator of such use or Lot.

The approval of a Special Exception by the Board shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required, which may include but is not limited to approval of Development Plan, Improvement Location Permit, Building Permit and a Certificate of Occupancy.

An existing use which is listed herein as a Special Exception, and which is in a Zoning District in which such Special Exception may be permitted, is a conforming use, providing such use meets the minimum Lot Area requirements set forth in the respective Zoning District. Any expansion of such Special Exception involving the enlargement of buildings, structures, and land area devoted to such use, shall be subject to the requirements and procedures described in the UDO.

In granting a Special Exception, the Board may prescribe conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of the UDO upon the premises benefited by a Special Exception as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Any conditions prescribed by the Board shall be recorded in the Office of the Recorder of County, Indiana. Violation of any such condition or limitation shall be a violation of the UDO and shall constitute grounds for revocation of the Special Exception or related Improvement Location Permit, pursuant to CHAPTER 11. ENFORCEMENT & PENALTIES.

Denial of a Special Exception may be appealed in accordance with IC 36-7-4-1016.

This Section establishes the process for the subdivision of land in accordance with CHAPTER 7. SUBDIVISION REGULATIONS, to ensure adherence to the standards of the UDO. Subdivision applications shall be generally considered by the Commission, Plat Committee, and Department. This section does not apply to condominiums regulated by IC 32-25.

The purpose of this section is to outline the procedures employed by the City when considering a petition for subdivision of land. Further, the intent of this section is to ensure that the statutory requirements established in the Indiana Code for the subdivision of land are met.

The procedures set forth in this Section shall be required for any subdivision of land.

Application of a Subdivision shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

1. Major Subdivision: The approval process of a Major Subdivision is a two (2) step process that includes approval of a Primary Plat and the approval of a Secondary Plat, as set forth herein. The approval or disapproval of a Primary Plat is hereby delegated to the Commission and/or the Plat Committee in accordance with the Commission Rules of Procedures. After a Primary Plat has been approved, a property is eligible for Secondary Plat approval. The approval or disapproval of a Secondary Plat is hereby delegated to the Director.
2. Minor Subdivision: The approval of a Minor Subdivision is a two (2) step process that includes approval of a Primary Plat and the approval of a Secondary Plat for five (5) lots or fewer and does not involve new public rights-of-way and complies with all other requirements of the UDO. A Minor Subdivision Primary Plat may be approved by the Plat Committee without public notice and a public hearing, subject to appeal to the Commission. Within 10 days after the Minor Subdivision Primary Plat approval, the Department shall provide notice to interested parties of their right to appeal to the Commission. After a Primary Plat has been approved, a property is eligible for Secondary Plat approval. The approval or disapproval of a Secondary Plat is hereby delegated to the Director.

1. Phasing. A Primary Plat may include all or only a part of a larger overall development (e.g., Commercial Planned Unit Development); however, a Primary Plat shall include, at a minimum, the entire parent tract being subdivided. The purpose of this requirement is to avoid the creation of a remainder parcel(s) that does not comply with the UDO or that does not allow for the orderly development of the remainder parcel.
2. Application Decision. The Plat Committee will review an application and required information, and will act on the petition in accordance with the UDO, Indiana law, and the Rules of Procedure of the Plan Commission.
3. Findings of Fact.
   1. Approval: The Plat Committee may grant Primary Plat approval if the following facts of approval are made:
      1. Complies with or is granted a waiver from the requirements in CHAPTER 8. SUBDIVISION & PLANNED UNIT DEVELOPMENT DESIGN STANDARDS; and
      2. Complies with all other applicable standards of the UDO.
   2. Denial: The Plat Committee may deny Primary Plat approval if the following findings of fact are made:
      1. Does not comply with the requirements of CHAPTER 8. SUBDIVISION & PLANNED UNIT DEVELOPMENT DESIGN STANDARDS; or
      2. Does not comply with all other requirements of the UDO.
4. Commitments. The Plat Committee may require certain commitments on Primary Plat approval concerning the use or development of the property. Commitments shall be provided to the Department in accordance with Sec. 10.2.6 Commitments.
5. Conditions of Approval. The Plat Committee may impose conditions of Primary Plat approval concerning the use or development.
6. Effect of Approval. Approval of a Primary Plat shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required, which may include but are not limited to approval of a Secondary Plat, Development Plan, Improvement Location Permit, Subdivision Improvement Permit, Building Permit and a Certificate of Occupancy.
7. Expiration. Primary Plat approval shall be valid for three (3) years from the date of approval by the Plat Committee. If the Primary Plat is approved in phases, secondary approval of each phase shall automatically continue the primary approval of the remaining phases to the same expiration date as that for the secondary approval.

1. Phasing. A Secondary Plat may include all or only a part of the Primary Plat which has received approval; however, the Primary Plat must not have expired.
2. Time Limitation. A petitioner may apply for Secondary Plat approval within the time provided for appeal under I.C. 36-7-4-708; however, approval of a Secondary Plat shall not be granted until:
   1. A minimum of 30 days after the approval of a Primary Plat; or
   2. A minimum of five (5) days after:
      1. The approval of a Primary Plat by the Plat Committee for which a public hearing was held; or
      2. The mailing of notice by the Department of the approval of a Primary Plat by the Director for which a public hearing was not held.

3. Approval. Following the petitioner’s submittal of revised copies of the Secondary Plat, the Department shall approve the Secondary Plat if it complies with the UDO and is substantially consistent with the approved Primary Plat. If the Secondary Plat is disapproved, then the Director shall set forth the reasons accordingly in the Department records and provide the petitioner with a copy.
4. Effect of Approval. Approval of a Secondary Plat shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required, which may include but are not limited to approval of an Improvement Location Permit, Subdivision Improvement Permit, Building Permit, and a Certificate of Occupancy.
5. Recording of Secondary Plat. No Secondary Plat, or amendment thereto, of a subdivision shall be recorded until the plat has been approved and signed in accordance with the UDO. Upon approval, the petitioner shall file the signed Secondary Plat for recording in the Office of the Recorder of County, Indiana, as required by law, and shall provide the Department with a recorded copy.
6. Secondary Plat Amendments. Amendments to a recorded Secondary Plat shall be processed and reviewed in the same manner as a Secondary Plat application.
7. Surety Requirements. In conjunction with the approval of a Secondary Plat, the petitioner shall provide financial surety for all public improvements pursuant to Sec. 10.2.8. Construction Surety.
8. Covenants and Restrictions. As part of a Primary or Secondary Plat, the Plat Committee (Primary Plat) or Director (Secondary Plat) may request a description of the proposed or recorded protective covenants or private restrictions if they are to be cross-referenced or incorporated on the plat of the subdivision or if they otherwise establish or grant rights related to the plat (e.g., easements). Covenants and restrictions may not independently lessen any requirement of the UDO or revise, alter, or change in any way any aspect of an approved plat without approval of the Plat Committee (Primary Plat) or Director (Secondary Plat).

The purpose of this Section is to ensure the development of the Commission’s jurisdictional area in such a manner as to provide for the improvement of the health, safety, convenience, and welfare of its citizens. Therefore, to this end, a Subdivision Improvement Permit (SIP) shall be required so that new areas grow only with adequate street, parking, drainage, utilities, and health considerations; and that the growth of the community is commensurate with, and promotive of, the efficient and economical use of public funds. A SIP allows site work only (e.g. site grading, infrastructure installation, etc.).

Within the City and its jurisdictional area, no improvement of land may be altered, changed, placed, erected, or located on platted or un-platted lands in all zoning districts unless the improvement or use and its location conform with the Comprehensive Plan, the UDO, and a SIP for such improvement or use has been issued.

Application of an SIP shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

The Director shall approve or deny the application within 120 working days of the receipt of a completed application, fee, and supportive documents. If the Director denies the application, the Department shall provide the petitioner the reasons for the denial in writing

In conjunction with the approval of an SIP, the petitioner shall provide financial surety for all public improvements pursuant to Sec. 10.2.8. Construction Surety.

The work or use authorized by a SIP shall commence within six (6) months of the date of issuance; otherwise, the SIP shall lapse and become null and void.

1. Completion of Work. All work authorized by an SIP shall be completed within 24 months from the date of issuance, unless good cause for an extension of time for completion is shown to the Director. If the petitioner has failed to complete the work within the prescribed period, the City may cause the work to be completed using the performance surety submitted by the petitioner.
2. Extension. One (1) extension of up to six (6) months may be authorized by the Director for reason/cause. The petitioner shall submit the request for extension in writing, including a revised Construction Schedule. The Director shall make a written determination regarding his decision to extend or to deny extension. Both the request and the determination shall be made part of the SIP record.
3. Resubmittal of Application. If an SIP has lapsed due to a failure to commence work within the prescribed six-month period or failure to complete the work within the prescribed 24-month period, (or 30-month period if extended), the petitioner shall submit a new application for review and approval before work commences or resumes.

The petitioner may submit SIP revisions or amendments for consideration by the Department. The Department may either:

1. Forward the revisions or amendments directly to the Director for approval or denial; or
2. Require TAC review of the revisions or amendments prior to forwarding the revisions or amendments to the Director for consideration.

Changes, amendments or resubmittals shall be subject to the Standard Construction Specifications and Details for the City of Fishers in effect at the time the application for such changes, amendment or resubmittal is made.

The purpose of the Temporary Use Permit (TUP) section is to outline the procedure employed by the City to ensure compliance with all applicable ordinances and regulations when considering a petition for the establishment of a temporary use in Article 5.8. Temporary Uses.

Within the City and its jurisdictional area, no temporary improvement or use of land may be altered, changed, placed, erected, or located on platted or un-platted lands in all zoning districts unless the temporary improvement or use and its location conform with the Comprehensive Plan of the City and a TUP for such temporary improvement or use has been issued.

Application of an TUP shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

The purpose of Text Amendment (TA) section is to outline the procedure employed by the City when considering a petition for an amendment to the text of the UDO. Further, the intent of the UDO TA section is to ensure that the statutory requirements established in the Indiana Code for the amending of ordinance text are met.

See Sec. 10.2.16. Planned Unit Development for the changes or amendments to the text of a PUD District Ordinance.

The Council or Commission may initiate a TA to the UDO in accordance with IC 36-7-4-602. A proposed TA to Sec. 2.2.6 Floodplain Administrator, Sec. 10.2.13 Floodplain Standard Appeal, Sec. 10.2.24. Variance, or CHAPTER 9. FLOODPLAIN STANDARDS must be approved by the Division of Water of the Indiana Department of Natural Resources before becoming effective.

Application of a TA shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

An application for a TA shall be reviewed and considered by the Department, City Attorney, Commission and Council.

1. Department. The Department shall review a TA application upon receipt of a complete application, supportive documents, and the appropriate fees. The Department shall forward a copy of the TA ordinance draft to the City Attorney for review. The Department shall prepare a written report outlining its findings with respect to the TA proposal.
2. Commission. The Commission shall hold a public hearing Procedures for a proposed TA. In reviewing the proposed TA, the Commission shall pay reasonable regard to:
   1. The Comprehensive Plan;
   2. Current conditions and the character of current structures and uses in each zoning district;
   3. The most desirable use for which the land in each zoning district is adapted;
   4. The conservation of property values throughout the jurisdiction; and
   5. Responsible development and growth.
3. Commission Action. After reviewing and holding the public hearing, the Commission shall certify and forward the proposal to the Council with:
   1. A favorable recommendation;
   2. An unfavorable recommendation;
   3. No recommendation; or
   4. The Commission may also continue the proposal to a definite future meeting date.
4. Council. The Council shall vote on the proposal within 90 days of certification by the Commission in accordance with IC 36-7-4-607. In reviewing the proposed TA application, the Council shall pay reasonable regard to:
   1. The Comprehensive Plan;
   2. Current conditions and the character of current structures and uses in each zoning district;
   3. The most desirable use for which the land in each zoning district is adapted;
   4. The conservation of property values throughout the jurisdiction; and
   5. Responsible development and growth.

   The Council shall approve, deny, continue or send a proposed TA back to the Commission for modifications. If the Council returns a proposal to the Commission, the Commission shall consider the rejection or amendment, and shall vote on the proposal within 45 days in accordance with the provisions of IC 36-7-4-607.

Unless a text amendment ordinance provides for a later effective date, the ordinance takes effect when it is adopted under IC 36-7-4-607. When a provision prescribing a penalty or forfeiture for a violation is approved, it may not take effect until 14 days after the later of the following:

1. The final day on which notice of its adoption is published; or
2. The day on which it is filed in the Clerk-Treasurer’s office.

The purpose and intent of this Section is to outline the process by which a Variance for a floodplain standard, development standard and use is requested and considered for approval. Approval of such a Variance shall not be contrary to the public interest, where, owing to special conditions, literal enforcement of the UDO will result in unnecessary hardship.

In no case, shall any Variance to the terms of the UDO be authorized without the approval of the Board. Further, no decisions on previous applications shall serve to set a precedent for any other application before the City. The procedure set forth in this Section shall apply to all Variance of development standard, Variance of use, and Variance of floodplain standard applications.

Application for a Variance shall be filed with the Department in the form prescribed by the Director and shall include materials required in Article 10.1. Procedures.

The Director shall refuse to accept a petition for a Variance within six (6) months of the date of denial when said petition involves the same subject matter. However, the Director shall have the authority and discretion to determine that a petition containing major changes may justify re-filing within said six-month period.

In acting on all Variance requests, the Board shall use decision criteria to approve or deny Variances consistent with the requirements of Indiana Code as set forth below:

1. Variances of Use. A Variance of land use may be approved only upon a determination that the Findings of Fact demonstrate:
   1. The use will not be injurious to the public health, safety, morals, and general welfare of the community.
   2. The use and value of the area adjacent to the property included in the Variance will not be affected in a substantially adverse manner.
   3. The need for the Variance arises from some condition to the property involved.
   4. The strict application of the terms of the UDO will constitute an unnecessary hardship if applied to the property for which the Variance is sought.
   5. Does not interfere substantially with the Comprehensive Plan.
2. Variances of Development Standards. A Variance of development standard may be approved only upon a determination that the Findings of Fact demonstrate:
   1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community.
   2. The use and value of the area adjacent to the property included in the Variance will not be affected in a substantially adverse manner.
   3. The strict application of the terms of the Ordinance will result in practical difficulties in the use of the property.
3. Variances of Floodplain Standards. A Variance from CHAPTER 9. FLOODPLAIN STANDARDS may be approved only upon a determination that the Findings of Fact demonstrate:
   1. Approval:
      1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and
      2. The use and value of the area adjacent to the property included in the Variance will not be affected in a substantially adverse manner; and
      3. The strict application of the terms of the UDO will result in a practical difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restriction of economic gain; and
      4. The Floodplain Standards Variance is the minimum necessary, considering the flood hazard, to afford relief; and
      5. The petitioner has shown good and sufficient cause; and
      6. A determination that failure to grant the Floodplain Standards Variance would result in exceptional hardship; and
      7. A determination that the granting of a Floodplain Standards Variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
   2. No variance for a residential use within a floodway subject to Sec. 9.1.5C. Critical Facilities, Sec. 9.1.5D. Standards for Identified Floodways, Sec. 9.1.5E. Standards for Identified Fringe and/or Sec. 9.1.5F. Standards for SFHAs Without Established Based Flood Elevation and/or Floodways/Fringes may be granted.
   3. Any variance granted in a floodway subject to Sec. 9.1.5D. Standards for Identified Floodways and Sec. 9.1.5F. Standards for SFHAs Without Established Based Flood Elevation and/or Floodways/Fringes of the UDO will require a permit from the Indiana Department of Natural Resources.
   4. Variances to the Provisions for Flood Hazard Reduction section of the UDO, or Sec. 9.1.5. Provisions for Flood Hazard Reduction may be granted only when a new structure is to be located on a lot of ½ acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
   5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   6. Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.
   7. Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
   8. The Floodplain Administrator shall maintain records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
   9. Findings of Fact for a Historic Structure: A Floodplain Standards Variance may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects. The Board may grant a variance if, after a public hearing, the Board makes these additional written findings of fact that:
      1. The proposed repair or rehabilitation shall not preclude the structure’s continued designation as an “historic structure”; and
      2. The Floodplain Standards Variance is the minimum required to preserve the historic character and design of the structure.
   10. Permit Requirement: In addition to the local Floodplain Development Permit, any Floodplain Standards Variance granted in a floodway subject to Sec. 9.1.5C. Critical Facilities or Sec. 9.1.5E. Standards for Identified Fringe shall require a permit for construction in a Floodway from the Indiana Department of Natural Resources.
4. Denial. The Board shall deny a variance from the floodplain standards of the UDO if, after a public hearing, the Board makes written Findings of Fact that:
   1. The approval will be injurious to the public health, safety, morals, and/or general welfare of the community; or
   2. The use and/or value of the area adjacent to the subject property are adversely affected, or
   3. The need for the Variance does not stem from an unusual or peculiar condition related to the subject property, or
   4. The strict application of the terms of the UDO will not result in a practical difficulty; or
   5. The approval of the Variance contradicts the goals and objectives of the Comprehensive Plan.
5. Additional Findings of Facts for Denial of a Floodplain Variance. In addition to the (4)(a) through (4)(e) above, a Floodplain Standard Variance may be denied if the Board makes the additional Findings of Fact:
   1. The Floodplain Standards Variance is greater than the minimum necessary, considering the flood hazard, to afford relief; or
   2. The petitioner has failed to show good and sufficient cause; or
   3. Failure to grant the Floodplain Standards Variance would not result in exceptional hardship; or
   4. The granting of a Floodplain Standards Variance will result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
6. Varances of Signage Standards
   1. Approval: A Variance from CHAPTER 6.17. Signage Standards may be approved by the Board upon a determination that the Findings of Fact demonstrate:

      1. That the location and placement of the sign will not endanger or distract motorists or pedestrians; and,

      2. That the sign will not cover or blanket any prominent view of a structure or facade of historical or architectural significance; and,

      3. That the sign will not obstruct views of users of adjacent buildings; and,

      4. That the sign will not interfere with the visual quality of public open space ; and,

      5. That the sign is compatible with building heights of the existing skyline; and,

      6. That the sign does not impose a foreign element to an existing skyline; and,

      7. That the sign's illumination, lighting or digital character will not distract motorists or pedestrians nor contribute to hazardous or unsafe driving conditions for motorists; and,

      8. That the sign size (e.g. height, width, distance between grade and sign, copy size), composition (e.g. materials, posts, poles), lighting or location conditions are consistent with the time, place and manner conditions imposed by the Unified Development Ordinance.

   2. Denial. The Board shall deny a variance from the CHAPTER 6.17. Signage Standards if, after a public hearing, the Board makes written Findings of Fact:

      1. That the location and placement of the sign will endanger or distract motorists or pedestrians; or,

      2. That the sign will cover or blanket a prominent view of a structure or facade of historical or architectural significance; or,

      3. That the sign will obstruct views of users of adjacent buildings; or,

      4. That the sign will interfere with the visual quality of public open space; or,

      5. That the sign is not compatible with building heights of the existing skyline; or,

      6. That the sign imposes a foreign element to an existing skyline; or,

      7. That the sign's illumination, lighting or digital character will distract motorists or pedestrians or contribute to hazardous or unsafe driving conditions for motorists; or,

      8. That the sign alters size (e.g. height, width, distance between grade and sign, copy size), composition (e.g. materials, posts, poles), lighting or location conditions so that it is not consistent with the time, place or manner conditions imposed by the Unified Development Ordinance.

The Board may require the owner of the property to make written commitments concerning the use or development of the property (see also Sec. 10.2.6 Commitments).

The Board may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of the UDO upon any Lot benefited by a Variance as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject Lot or upon public facilities and services. Such conditions shall be expressly set forth in the order granting the Variance (see also Sec. 10.2.7 Conditions of Approval).

Approval of a Variance shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required, which may include but are not limited to approval of a Primary or Secondary Plat, a Development Plan, Improvement Location Permit, a Subdivision Improvement Permit, Sign Permit, Building Permit and/or a Certificate of Occupancy.

Unless a more stringent standard is applied pursuant to a commitment or condition of approval, a Variance granted by the Board shall run with the parcel until the property conforms with the UDO as written.

Any change to an approved Variance shall be the subject of a new Variance petition.

Changes, amendments or resubmittals shall be subject to Sec. 7.1.4. Principles & Standards of Design in effect at the time the application for such changes, amendment or resubmittal is made.

Approval of a Variance shall be memorialized in an acknowledgement of Variance instrument prepared by the Department. The acknowledgement shall: (i) specify the granted Variance and any commitments made or conditions imposed in granting of the Variance; (ii) be signed by the Director, Property Owner and Applicant (if applicant is different than property Owner); and (iii) be recorded against the subject property, with appropriate cross-reference(s), in the Office of the Recorder of County , Indiana. A copy of the recorded acknowledgement shall be provided to the Department prior to the issuance of any subsequent permit or commencement of uses pursuant to the granted Variance.

No permit shall be issued which does not comply with an approved Variance, conditions of approval, or commitments. Violations of an approved Variance, conditions of approval or commitments shall constitute grounds for revocation of the Variance.(Ord. 041822E, 05/16/2022)

The purpose of this section is to outline the procedure employed by the City when considering a petition for the rezoning or initial zoning of real property within the jurisdictional area of the Commission. Further, the intent of the Zoning Map Change section is to ensure that the statutory requirements established in the Indiana Code for the zoning of real property are met.

The Council, Commission, or property owners who own at least 50% of the land involved (i.e. a controlling interest in each parcel of land proposed for rezoning) may have standing to initiate a petition for rezoning or initial zoning.

The Zoning Map Change section is applicable to proposals to establish a zoning district on real property that has not previously been zoned (initial zoning) or to change the Zoning District classification of a parcel of real property to a different Zoning District classification other than a PUD zoning district (rezoning).

Applications for a Zoning Map Change shall be filed with the Department in accordance with Article 10.1. Procedures.

An application for a Zoning Map Change shall be reviewed and considered by the Department, Commission and Council.

1. Department. The Department shall review a Zoning Map Change application upon receipt of a complete application, supportive documents, and the appropriate fees. The Department shall prepare a written report to the Commission outlining its findings with respect to the Zoning Map Change proposal.
2. Commission. The Commission shall hold a public hearing in accordance with the Commission Rules of Procedures for a proposed Zoning Map Change. As part of the review, the Commission shall pay reasonable regard to:
   1. The Comprehensive Plan;
   2. Current conditions and the character of current structures and uses in each zoning district;
   3. The most desirable use for which the land in each zoning district is adapted;
   4. The conservation of property values throughout the jurisdiction; and
   5. Responsible development and growth.
3. Commission Action. After reviewing holding the public hearing, the Commission shall certify and forward the proposal to the Council with:
   1. A favorable recommendation with or without commitments and conditions of approval;
   2. An unfavorable recommendation;
   3. No recommendation; or
   4. The Commission may continue the proposal to a definite future meeting date.
4. Council. The Council shall vote on the proposal within 90 days of certification by the Commission in accordance with IC 36-7-4-608. In reviewing the proposed Zoning Map Change application, the Council shall pay reasonable regard to:
   1. The Comprehensive Plan;
   2. Current conditions and the character of current structures and uses in each zoning district;
   3. The most desirable use for which the land in each zoning district is adapted;
   4. The conservation of property values throughout the jurisdiction; and
   5. Responsible development and growth.

5. The Council shall make the final determination on a Zoning Map Change proposal. If the Council returns a proposal, the Commission shall consider the rejection or amendment, and shall vote on the proposal within 45 days in accordance with the provisions of IC 36-7-4-608.

In conjunction with its recommendation to the Council regarding a Zoning Map Change, the Commission may recommend that the Council permit or require the petitioner to make written commitments concerning the use or development of the parcel. Commitments shall be provided in accordance with this Article (see also Sec. 10.2.6 Commitments).

In conjunction with its recommendation to the Council regarding a Zoning Map Change, the Commission may recommend that the Council impose conditions of approval concerning the use or development of the parcel (see also Sec. 10.2.7 Conditions of Approval).

Permitted

The City Council may approve a change of tenant for tenant spaces with a floor area of 25,000 square feet or greater for COMMERCIAL or PUBLIC & INSTITUTIONAL uses listed under Sec. 5.1.5. Permitted Use Table, excluding medical or office, in accordance with the procedures set forth in this Section, and other regulations applicable to the Zoning District in which the subject property is located.

Purpose

A Change of Tenant for large scale tenant spaces requires more scrutiny and review because of potentially adverse impacts upon the immediate neighborhood and the community. The City Council shall review a Change of Tenant and its characteristics and impacts to determine its suitability in each location for the Zoning District in which the COMMERCIAL or PUBLIC & INSTITUTIONAL use is permitted. The determination of whether the Change of Tenant is approved shall be contingent upon: (i) the Change of Tenant meeting the standards of the UDO and those standards as set forth in this Section; and (ii) the City Council weighing, in each case, the public need and benefit against the local impact, giving effect to the proposals of the Applicant for ameliorating adverse impacts through special site planning and development techniques and contributions to the provisions of public improvements, sites, right-of-way, and services.

Procedures

1. Application. Applications for a Change of Tenant shall be filed in accordance with the requirements of Article 10.1. Procedures.

2. Action by the Director. The Director shall review a filed application for completeness. All applications which are determined to be in proper form shall be docketed by the Department for consideration by the City Council.

3. Council Decision. The City Council shall: (i) reject the application; (ii) approve the application; or (iii) approve the application with conditions if the City Council finds adequate evidence is shown that the Change of Tenant meets the criteria set forth herein.

Review Criteria

A Change of Tenant application may be approved by the City Council only upon a determination in writing that the Change of Tenant at the proposed location meets all of the following:

1. The establishment, maintenance, or operation of the Change of Tenant will not be detrimental to or endanger the public health, safety, morals, or general welfare.

2. The Change of Tenant will be designed, constructed, operated, and maintained to: (i) not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted; (ii) not substantially diminish and impair property value within the neighborhood; (iii) be harmonious and appropriate in appearance with the existing or intended character of the immediate vicinity; and (iv) not change the essential character of the area.

3. The establishment of the Change of Tenant will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the Zoning District.

4. Adequate public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools have been or are being provided and the Change of Tenant will not result in excessive additional requirements at public expense for such public facilities and services.

5. Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion and have vehicular approaches are designed as not to create an interference with traffic on surrounding rights-of-way.

6. The Change of Tenant will be harmonious with and in accordance with the objectives of the Comprehensive Plan.

7. The Change of Tenant will be in a Zoning District where such use is permitted and that all other requirements of the Zoning District and this Ordinance, and as may be applicable to such use, will be met.

No Presumption of Approval

The listing of a Change of Tenant as a permitted use does not constitute an assurance or presumption that such Change of Tenant will be approved. Rather, each Change of Tenant shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth herein, to determine whether approval of the Change of Tenant is appropriate at the location and in the manner proposed.

Limitations of Approval

The approval of a Change of Tenant by the City Council shall be deemed to authorize only that tenant at that location for which the approval was granted. Except when otherwise provided by the City Council’s approval of the Change of Tenant, a Change of Tenant shall be deemed to relate to, and be for the benefit of, the tenant and Lot in question, rather than the Property Owner or operator of such tenant or Lot.

Effect of Approval

The approval of a Change of Tenant by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required, which may include but is not limited to approval of Development Plan, Improvement Location Permit, Building Permit and a Certificate of Occupancy.

Conditions

In granting a Change of Tenant, the City Council may prescribe conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of the UDO upon the premises benefited by a Change of Tenant as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Any conditions prescribed by the City Council shall be recorded in the Office of the Recorder of County, Indiana. Violation of any such condition or limitation shall be a violation of the UDO and shall constitute grounds for revocation of the Change of Tenant or related Improvement Location Permit or Building Permit, pursuant to CHAPTER 11. ENFORCEMENT & PENALTIES.

Appeal

Denial of a Change of Tenant by City Council may be appealed in the appropriate court.