(a)

Applications for final site plan approval of all new structures in all zoning districts shall adhere to the following criteria and approval process, with the exception of the following structures and districts:

(1)

Detached single-family dwellings;

(2)

Two-family dwellings or duplex dwellings;

(3)

Detached single-family type II and III manufactured dwellings;

(4)

Accessory buildings or uses;

(5)

The S-2 planned unit development district;

(6)

New paved parking lots or new additions to existing paved lots with an area not to exceed 9,600 square feet in all zoning districts;

(7)

New additions with an area of 7,500 square feet or less if the existing structure is 15,000 square feet or less in all industrial districts; and

(8)

New additions to existing structures if the area of the addition is:

a.

50,000 square feet or less; or

b.

Ten percent or less of the area of the existing structures.

Subsection (a)(8)a of this section shall only be applicable to the multiple-family residential district, the extensive open space and public use district, all commercial districts, and all industrial districts.

(b)

In order to decrease time delays for certain projects, applications for final site plan approval for the following listed structures shall not be required to be filed with the plan commission but shall be submitted to the city planner for administrative review. The final site plan shall include the written and graphic information listed in subsections (c)(1) through (15) and (d)(1) through (4) of this section. If the final site plan adheres to those written and graphic information requirements, the city planner shall approve the final site plan and shall issue an improvement location permit. All administrative approvals shall be reported by memorandum to the plan commission at the next regularly scheduled plan commission meeting. The applicant may seek final site plan approval from the plan commission, but the decision rests solely with the applicant. The following is a list of structures that shall adhere to this approval.

(1)

New structures of 8,000 square feet or less in the C-1 general commercial district, C-3 city center commercial district, C-5 neighborhood commercial district, and C-6 linear office commercial district.

(2)

New structures of 15,000 square feet or less in all industrial districts.

(3)

New additions to existing structures if the area of the addition is greater than 50,000 square feet and less than or equal to 100,000 square feet in the multiple-family district, the extensive open space and public use district, all commercial districts, and all industrial districts.

(c)

All applications shall be submitted to the plan commission and shall be accompanied by a site plan with the following written and graphic information required.

(1)

Current and correct description of property.

a.

Site plan drawings must be to scale not less than 1 inch = 100 feet and submitted in standard drawing format of not less than 18 inches by 24 inches or greater than 30 inches by 42 inches.

b.

Site plan drawings must show the following information.

1.

Property boundary lines with dimensions, dimension setback lines, street rights-of-way lines, and any known existing easements.

2.

Vicinity map showing surrounding streets.

3.

Location, size and other pertinent data of all proposed improvements, including location and size of buildings, parking and drives, open areas, screening/fencing, and landscaping.

4.

Tabulated land use data, including at least:

(i)

Land coverage.

A.

Buildings.

B.

Parking and drives.

C.

Open space.

(ii)

Parking ratio.

5.

Name, address and telephone number of property owner.

6.

Name, address and telephone number of person preparing site plan drawing.

(2)

The documented height, area, and developmental standards as required by the pertinent zoning district.

(3)

A statement detailing the location, size, and material to be used for both sanitary sewer disposal and water supply.

(4)

A storm drainage system designed to retain all stormwater on site, with a minimum storage capacity based on a 100-year storm frequency, 24-hour duration with post-developmental discharge not exceeding undeveloped discharge and time of travel. In the event a natural waterway is accessible to the site as a stormwater outlet and all approvals are obtained from the appropriate state and federal agencies, a ten-year undeveloped release rate will be allowed with the greatest storage volume of the 100-year storm iteration being satisfied in the stormwater management design.

(5)

The location, legal description, and legal documents of all rights-of-way or utility easements to be dedicated to the city.

(6)

Locations and dimensions of proposed curb cuts, driveways, private entrances, acceleration/deceleration lanes, passing blisters and documentation that the curb cut, driveway, private entrances, acceleration/deceleration lanes, and passing blisters shall be constructed according to section 54-19, as may be amended from time to time.

(7)

Plans, profiles, and typical sections of required service roads, passing blisters, or acceleration/deceleration lanes.

(8)

Location and description of any traffic hazard or existing curb cut located on either side of the roadway within 100 feet of the property line of the subject property.

(9)

Location and description of all publicly-owned fire hydrants, storm inlets, utility poles, and the like that are located on the proposed site or within 100 feet of the property line of the subject property.

(10)

Location of existing and proposed plant materials and landscaping.

(11)

A uniform grid of existing and finish grade elevations and contours based on U.S.G.S. sea level datum for all parcels and/or lots.

(12)

Delineation of all phases of proposed developments.

(13)

Building facade rendering, in order to assure that the building design and the type of construction shall reasonably relate to the surrounding neighborhood.

(14)

Payment of filing fees as prescribed by the plan commission.

(15)

Nine copies of the site plan shall be filed.

(16)

All final site plans shall meet the provisions of the comprehensive plan.

(d)

The department of city planning staff shall distribute the site plan to the following agencies and in accordance with the following.

(1)

Fire protection information must be approved in writing by the division of fire prevention in the following manner:

a.

Discuss with the division of fire prevention requirements for fire protection;

b.

Determine whether any new fire hydrants are required; and

c.

Determine whether additional water main capacity is required.

(2)

Water service information must be approved in writing by the city water department in the following manner:

a.

Discuss with the city water department requirements for water service;

b.

Determine whether existing, city-owned water mains have adequate capacity to handle the development's load;

c.

Determine if the city will require the developer to oversize a new water line extension; and

d.

Determine whether existing easements are adequate to handle the new main or whether new dedicated easements will be required;

e.

If the new main will be deeded to the city, as-built plans shall be provided if constructed by a private contractor.

(3)

Sanitary sewer service information must be approved in writing by the department of city engineering in the following manner:

a.

Discuss with the department of city engineering requirements for service, including tap-in fees and applicable land improvement charges;

b.

Determine that existing city-owned sewers have adequate capacity to handle the development's load by submission of information on the projected volume of waste to be generated by proposed project;

c.

Determine whether the city will require the developer to oversize a new sanitary sewer extension;

d.

Discuss whether existing easements are adequate to handle the new sewer or whether new dedicated easements will be required;

e.

Submit as-built plans and infiltration/exfiltration and deflection test results, acceptable to the city engineer, for all sanitary sewers; and

f.

Obtain the required state department of environmental management permits prior to commencing construction of sanitary sewers.

(4)

Electrical service information must be approved in writing by the electric department in the following manner:

a.

Discuss with the electric department requirements for electric service;

b.

Determine whether existing city-owned electric lines have adequate capacity to handle the development's load;

c.

Determine if the city will require the developer to oversize a new electric line extension; and

d.

Discuss whether existing easements are adequate to handle new lines or whether new dedicated easements will be required.

(e)

No site plan shall be placed on the agenda of the plan commission for consideration until all of the foregoing requirements of the applicant and of the city planning staff have been fully met.

(f)

Written findings of fact must be completed for each final site plan. Within one week of plan commission approval of the final site plan, the final site plan shall be recorded with the county recorder's office by the staff of the department of city planning, at the expense of the developer.

(g)

In all cases where a final site plan is submitted for approval, the person responsible for the payment for construction in conformity with said site plan shall, contemporaneously, submit in a signed statement to the plan commission his specific commitments with respect to lighting, screening, plantings, and all other factors which the applicant has, is, or will be requesting the commission to consider in granting final site plan approval. Any and all final site plan approvals shall be contingent upon the applicant fully completing those written commitments. The plan commission, acting through the city planner, may require a performance bond, money deposit, or other suitable guarantees that written commitments shall be satisfactorily completed. The plan commission may refuse to hear new matters from an applicant in default with respect to completion of previous commitments. The commitment shall be recorded by the city planner or his designated representative with the county recorders office within ten days and all recording fees shall be paid by the individual or corporate entity.

(Code 1968, tit. 580, art. XIX, § 4; Code 1985, § 159.275; Ord. No. 1378, 11-21-1966; Ord. No. 2364, 5-5-1980; Ord. No. 3159, 5-4-1988; Ord. No. 3263, 4-17-1989; Ord. No. 3429, 10-15-1990; Ord. No. 3459, 2-4-1991; Ord. No. 3774, 11-1-1993; Ord. No. 3935, 5-8-1995; Ord. No. 4020, 2-20-1996)

(a)

An improvement location permit (ILP) shall be required and shall have been issued by the city planner or his designated representative prior to the erection, exterior alteration, exterior reconstruction, change of use, and/or addition to any structure, building, accessory structure or use, billboard, or swimming pool. No building permit shall be issued by the building commissioner or his representative unless an improvement location permit has been issued.

(b)

An application for an improvement location permit shall be accompanied by a site plan showing the following:

(1)

The boundaries of the subject property, all existing easements, section lines, and property lines, existing streets, buildings, watercourses, waterways, and lakes, and other physical features in or adjoining the property;

(2)

Location and dimensions of proposed buildings and structures, including height, bulk, setbacks, open space, screening, landscaping, outdoor lighting, and signs; and

(3)

Location, dimensions, and type of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, and loading and parking areas, including numbers of parking and loading spaces.

(c)

The city planner or his designated representative shall approve or deny an application for an improvement location permit, and issue the permit or address the reasons for its denial in writing to the applicant.

(d)

An improvement location permit shall become null and void unless the building permit shall have been issued and work thereon is substantially underway within one year of the issuance of the improvement location permit.

(Code 1985, § 159.276; Ord. No. 2988, 12-15-1986; Ord. No. 3698, 6-21-1993)

No building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy has been issued by the building commissioner or his designated representative. The certificate of occupancy shall not be issued by the building commissioner or his designated representative unless the building meets all provisions of this chapter, or until the board of zoning appeals has granted a variance from specific requirements to this chapter. If the building meets all provisions of this chapter, or the board of zoning appeals has granted a variance from specific requirements of this chapter, the certificate of occupancy shall be issued within ten consecutive days.

(Code 1985, § 159.277; Ord. No. 2988, 12-15-1986)

No change of the use of land shall occur until a certificate of occupancy has been issued by the building commissioner or his designated representative, unless the use of the land meets all provisions of this chapter. If the use of the land meets all provisions of this chapter, the certificate of occupancy shall be issued within ten consecutive days.

(Code 1985, § 159.278; Ord. No. 2988, 12-15-1986)

The administration of this chapter shall be vested with the city planner or his designated representative.

(Code 1985, § 159.279; Ord. No. 2988, 12-15-1986; Ord. No. 3116, 11-17-1987)

The city plan commission shall have the following powers and duties:

(1)

To initiate proposals to amend, supplement, change, or repeal this chapter.

(2)

To review an ordinance for amendment, supplement, change, or repeal of this chapter proposed by other than the plan commission.

(3)

To review and approve, modify, or deny the final site plan for a rezoning amendment approved subject to final site plan approval.

(4)

To review and make a recommendation to the city council relative to petitions for rezoning.

(5)

To hold public hearings in matters pertaining to applications for amendment, and submit reports to the city council setting forth its findings and recommendations.

(6)

To initiate, direct, and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations to the city council.

(7)

To provide clerical and technical assistance as may be required by the board of zoning appeals in exercise of its duties.

(Code 1985, § 159.280; Ord. No. 2988, 12-15-1986)

State Law reference— Establishment of plan commission, IC 36-7-4-202.

(a)

The city council may, from time to time, amend, supplement, change, modify, or repeal this chapter, including the zoning map, by proceeding in the manner prescribed herein.

(b)

A zoning map amendment or an amendment to this chapter may be initiated by:

(1)

The city council.

(2)

The plan commission.

(3)

The department of city planning.

(4)

Any individual, corporation, or agency, other than those listed in subsection (b)(1), (2), or (3) of this section.

(c)

Except for subsections (b)(1), (2), and (3) of this section, any request for an amendment shall be submitted in writing to the plan commission, along with payment of fees established herein.

(d)

The city council shall not consider any proposed amendment to the zoning map which is substantially the same as any other proposed amendments submitted within the previous 12 months and which has been rejected by the city council.

(e)

Commission hearings on this chapter: The plan commission shall prepare recommendations regarding the boundaries of districts, and the regulations and restrictions to be enforced in all districts. The commission shall prepare the report on its own initiative and submit to the city council.

(f)

When considering a change to the zoning map or to this chapter, the plan commission and city council shall pay reasonable regard to:

(1)

Existing conditions;

(2)

The character of buildings erected in each district;

(3)

The most desirable use for which the land in each district may be adapted; and

(4)

The conservation of property values throughout the municipality or county;

(5)

The recommendation of the comprehensive plan.

(Code 1985, § 159.281; Ord. No. 2988, 12-15-1986; Ord. No. 3698, 6-21-1993)

The board of zoning appeals shall hear and determine the following:

(1)

Any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under this chapter.

(2)

Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of this chapter.

(3)

Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of an ordinance requiring the procurement of an improvement location or occupancy permit.

(4)

Approve or deny variances of use from the terms of this chapter. The board may impose reasonable conditions as part of its approval. A variance may be approved under this section upon a determination in writing that:

a.

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

b.

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

c.

The need for the variance arises from some condition peculiar to the property involved;

d.

The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

e.

The approval does not interfere substantially with the comprehensive plan.

(5)

Approve or deny variances from the development standards, such as height, bulk, or area, of this chapter. A variance may be approved under this section only upon a determination in writing that:

a.

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

b.

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

c.

The strict application of the terms of this chapter will result in practical difficulties in the use of the property.

(6)

Approve or deny one-year extensions to allow the continuance of a temporary building for the construction industry which is incidental to erection of buildings.

(7)

Approve or deny all conditional use permit applications, but only in the particular situations as specified in each zoning district. The board may impose additional, but reasonable conditions as part of its approval. A conditional use permit may be approved under this section upon a determination in writing that:

a.

The approval will not be injurious to the public health, safety, morals and general welfare of the community;

b.

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

c.

Adequate conditions will be stipulated to mitigate any potentially adverse impact of the conditional use permit upon adjacent property;

d.

Adequate measures have been taken to provide proper utilities, drainage, paved access roads, landscape buffering, fencing, leakproof dikes, safety precautions, and to minimize traffic congestion; and

e.

The granting of the conditional use permit is in the best interests of the community.

(Code 1985, § 159.282; Ord. No. 2988, 12-15-1986; Ord. No. 3256, 3-20-1989)

State Law reference— Board of zoning appeals; establishment, IC 36-7-4-901.

(a)

It is recognized that there are certain land uses which, because of their unique characteristics cannot be classified as a permitted use in a particular zoning district without consideration in each specific case the impact of those uses upon surrounding land and neighborhoods, and therefore it is recognized that conditional use permits approved by the board of zoning appeals under the provisions of this chapter and with other reasonable conditions imposed, may ensure that the land use will not negatively impact upon the surrounding land and neighborhoods.

(b)

A conditional use permit shall not vary the applicable sections on height, area, and developmental regulations.

(c)

The board of zoning appeals may, from time to time and after the property owner has filed a petition requesting a conditional use permit, grant conditional use permits in the manner prescribed as follows:

(1)

A request for a conditional use permit shall be submitted in writing on a form prescribed by the board of zoning appeals, along with the payment of fees as prescribed by the board of zoning appeals. A site plan shall be submitted with all conditional use permit requests and become part of the conditional use permit.

(2)

The board of zoning appeals shall hold a public hearing on the request in accordance with state statute.

(3)

The board of zoning appeals shall not consider any proposed conditional use permit which is substantially the same as any proposed conditional use permit submitted within the previous 12 months and which has been rejected by the board of zoning appeals.

(4)

The staff shall distribute a copy of the site plan to the following agencies for review and comment:

a.

Fire department.

b.

Water department.

c.

Electric department.

d.

Department of engineering.

e.

County health department.

The staff of the department of city planning shall utilize comments from those departments, and then prepare and submit a written analysis and recommendation to the board of zoning appeals.

(5)

The board of zoning appeals shall use the staff analysis, recommendations and other information as a basis from which to impose additional but reasonable conditions, should the board of zoning appeals decide that approval of the request is in order.

(d)

A conditional use permit shall be held invalid after a period of one year from the date of board of zoning appeals approval unless the facility is completed and in operation, or a building permit has been obtained and construction is diligently being pursued to completion.

(e)

Whenever the property for which a conditional use permit has been granted by the board of zoning appeals under the terms of this chapter is abandoned or becomes vacant for six months or more, such conditional use permit shall terminate.

(f)

A conditional use permit shall be valid only for the property as legally described in the approved conditional use permit, and the conditional use permit shall not be valid on any other property, contiguous or otherwise.

(g)

Should any provisions of the conditional use permit be violated, the city planner or his designated representative shall pursue the violation as required under sections 137-45 through 137-47 which may be amended from time to time.

(Code 1985, § 159.283; Ord. No. 3256, 3-20-1989)

Any vacant or undeveloped property, which is rezoned or annexed and zoned, shall be required to obtain an improvement location permit within two years of the date of the passage of an ordinance approving zoning by the common council. If an improvement location permit is not obtained within the specified time, the city planner shall provide written notice of such fact to the common council. Upon receiving the notice, if the common council deems the current zoning classification appropriate, the common council shall take no further action. If the common council deems the zoning classification should otherwise be changed, the common council shall direct the plan commission to prepare the desired change in zoning in accordance with IC 36-7-4-602.

(Code 1985, § 159.284; Ord. No. 4078, 8-5-1996; Ord. No. 4563, 1-15-2001)

When written notice of violation of any of the provisions of this chapter has been served by the city planner or his designated representative on the property owner, agent, occupant, contractor, or builder, the violation shall be discontinued immediately.

(Code 1985, § 159.997; Ord. No. 2988, 12-15-1986; Ord. No. 3116, 11-17-1987)

The city planner or his designated representative may institute a suit for injunction in the circuit court or superior court of the county to restrain an individual from violating the provisions of this chapter, and may also institute a suit for a mandatory injunction directing the removal of any structure or improvement.

(Code 1985, § 159.998; Ord. No. 2988, 12-15-1986; Ord. No. 3116, 11-17-1987)

State Law reference— Remedies and enforcement; allowable actions, IC 36-7-4-1014; injunctive relief, IC 36-7-4-1015.

Any person who violates a provision of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be fined according to the provisions of section 1-7 not less than $25.00 and not more than is prescribed by IC 36-1-3-8 as may be amended from time to time. Each day that a violation continues to exist shall constitute a separate offense.

(Code 1985, § 159.999; Ord. No. 2988, 12-15-1986)

State Law reference— Procedures for amending zoning ordinance, IC 36-7-4-602.

Any lawful building or other structure, or any lawful use of a building or other structure or land, existing on the effective date of the ordinance from which this chapter is derived, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure, or use, and may be continued, except as otherwise herein provided.

(Code 1985, § 159.260; Ord. No. 2988, 12-15-1986)

A nonconforming use shall not be changed to any other use or expanded in size, area, volume or scope, unless the proposed use conforms to the zoning requirements of the applicable zoning district.

(Code 1985, § 159.261; Ord. No. 2988, 12-15-1986; Ord. No. 3698, 6-21-1993)

Any lawful nonconforming structure which has been involuntarily damaged or destroyed by fire, explosion, wind storm, or other similar active cause, to an extent of not more than 75 percent of its fair market value, may be reconstructed in the same location, provided that:

(1)

The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed structure.

(2)

Reconstruction shall begin within six months from the date of damage or destruction and shall be carried on without interruption.

(Code 1985, § 159.262; Ord. No. 2988, 12-15-1986)

If a lawful nonconforming structure, use, or lot is abandoned or discontinued for a continuous period of six months or more, subsequent use of that structure or lot shall be in conformity with the provisions of this chapter.

(Code 1985, § 159.263; Ord. No. 2988, 12-15-1986)