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New Buffalo City Zoning Code

ARTICLE 11

Application Requirements

Section Z11-01 Site plan review.

A. 
The following information shall be required to be submitted for site plan review.
B. 
General information:
1. 
The applicant's name, address, telephone number, and their interest in the project and/or property.
2. 
The name, address, and telephone numbers of the owner(s) of record (or the firm or corporation having a legal or equitable interest in the land), and the signatures of the owners authorizing the site plan submittal.
3. 
The name, address, and telephone number of the individual or firm preparing the site plan.
4. 
Project title.
5. 
Proof of property ownership or purchase agreement.
6. 
The legal description, address, and tax identification number of the parcel.
7. 
Written permission, signed by the property owner, granting the Planning Commission and City officials authority to enter onto property which is the subject of an application for site plan approval.
8. 
Deed restrictions, master deed restrictions, and bylaws as applicable.
C. 
Site analysis/project impact information:
1. 
Existing topographic elevations at two-foot intervals, proposed grades, and direction of drainage flows.
2. 
The location of existing structures on the subject site and on adjacent parcels within 50 feet of subject parcel.
3. 
Location and type of significant existing vegetation.
4. 
Location and elevations of existing watercourses and water bodies, including county drains, and man-made surface drainageways, floodplains, and wetlands.
D. 
Site plan information.
1. 
A vicinity map.
2. 
North arrow, and date of original submittal and all revisions.
3. 
A grading plan showing finished contours at a minimum interval of one foot, and correlated with existing contours so as to clearly indicate cut and fill required (all finished contour lines are to be connected to existing contour lines at or before the lot lines).
4. 
Location of proposed and/or existing property lines with dimensions, legal description, and statement or illustration of building setback lines.
5. 
The size of parcel (in acres) and a breakdown of use areas using these categories: street rights-of-way, development area, and open space.
6. 
The gross and net acreage of all parcels in the project. (Net acreage is the size of the parcel in acres after subtracting any area that is within a street right-of-way or formal access easement.)
7. 
Land uses (residential, commercial, industrial, vacant, etc.) and zoning classification for the subject parcel and adjoining parcels.
8. 
Location of proposed buildings (including accessory buildings) and intended uses thereof, as well as the length, width, height, and total square footage of each building. For buildings housing multiple use types, the square footage for each use type shall be provided.
9. 
Indication of phases, if applicable.
10. 
Location of existing streets, street rights-of-way and private easements of record.
11. 
Location and dimensions of proposed streets, drives, curb cuts, driveway radii, access easements, deceleration/acceleration lanes or tapers, and passing lanes as applicable.
12. 
Location, design, and dimensions of proposed parking areas (including indication of all spaces, dimensions of spaces, handicapped spaces, and method of surfacing), and fire lanes.
13. 
Location, design, and dimensions of loading and unloading areas.
14. 
Location, and design of all sidewalks, walkways, bicycle paths, and areas for public use.
15. 
Location of water supply lines and/or wells including fire hydrants; a storm drainage plan showing storm sewers, exterior drains, dry wells, catch basins, retention/detention areas, and point of discharge for all drains; and sanitary sewer system, including septic systems, if applicable.
16. 
Location of all other utilities on the site.
17. 
For multifamily, mixed-use, and nonresidential uses, a photometric plan to address off-site lighting impacts.
18. 
The description of measures to be taken to control soil erosion, and sedimentation during and after completion of grading and construction operations.
19. 
Location, size, and specifications of all signs with cross-sections.
20. 
Exterior lighting locations whether pole-mounted or building-mounted and a statement that all lighting will be shielded to avoid spill over to adjacent properties or streets. If pole-mounted, the height of pole shall be included.
21. 
Location and specifications for all proposed perimeter and internal landscaping and other screening features. For all new landscape material the proposed size upon installation shall be indicated. Existing landscaping to be retained shall also be indicated.
22. 
Location, size and specifications for screening of all trash receptacles and other solid waste disposal facilities.
23. 
Seal of the registered engineer, architect, or surveyor who prepared the site plan.
E. 
Waiver of site plan requirements. Specific requirements of this section may be waived by the Planning Commission where it is determined that such information is not applicable or necessary for the subject request.

Section Z11-02 Special use permit.

A. 
Application and fee. The following materials shall be submitted to the Zoning Administrator at least 21 days prior to the meeting at which the Planning Commission first considers the special land use application. Sufficient copies of the application, site plan, and other written and graphic instruments shall be provided in accordance with the requirements set forth by the Planning Commission:
1. 
Payment of the required fee.
2. 
Copies of a site plan meeting the requirements of Section Z11-01.
3. 
Completed and signed application form. A notarized, written statement from the property owner indicating his/her permission to submit such application, if the applicant is not the owner.

Section Z11-03 Planned unit development.

A. 
Application submittal. At a minimum, the PUD application shall include sufficient copies of the following:
1. 
A completed application form as provided by the City along with the required fee as established by the City Council. Such application shall include a signature of the owner or party having an equitable interest in the property, authorizing the submittal of the PUD.
2. 
The applicant shall submit a draft of the site development regulations proposed for the property and the project. These regulations may address uses permitted, setbacks, building materials, landscape guidelines, parking requirements, utility standards, and other similar site development regulations. For any site development standard not addressed in this draft the Zoning Ordinance standards shall apply.
3. 
The site development plan prepared in accordance with the Site Plan Review requirements. For multi-phased PUDs the site development plan may be submitted for Phase 1 of the project, with a conceptual plan being shown for the remaining phases. A conceptual plan shall consist of identification of uses, residential density, estimated parcel or lot sizes, and the general street layout. Subsequent phases shall be required to undergo the full site plan review process, and shall be required to meet the requirements of the zoning ordinance and the PUD ordinance as applicable.
4. 
In addition to the information required for submittal for site plan review, the following information shall also be submitted, unless waived by Planning Commission at the pre-application conference.
5. 
A general description of the project and a statement of how the PUD meets the intent of Article 7, and how the PUD meets the qualifying conditions stated in Section Z7-01.
6. 
Architectural sketches showing building heights, external wall finishes, location of building entry ways, lighting elements, and other architectural features.
7. 
Site plan information not required in Section Z11-01, but required to show compliance with the proposed PUD standards of review in Section Z7-05.
8. 
A list of departures from Zoning Ordinance regulations that will be required, and a statement of why these departures will not present a design problem from a planning perspective.
9. 
Legal documentation of a single ownership or control in the form of agreements, contracts, covenants, or deed restrictions which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors.
10. 
A construction schedule detailing the completion of the proposed improvements, project phasing shall also be identified if applicable.
11. 
Depending on the size and complexity of the project, the City staff, Planning Commission, or City Council may request other information deemed pertinent to the proposed development. Such information may include, but is not limited to: traffic assessment, environmental impact assessment, fiscal impact assessment, market needs assessment, and utility impact assessment.
12. 
The application shall not be considered complete, and shall not be considered formally accepted by the City, until it is reviewed by the City and been found to have all required submittal information and appropriate fees.

Section Z11-04 Map/text amendment.

A. 
An application for a zoning change shall consist of:
1. 
A written statement from the property owner indicating his/her permission to submit such application, if applicable.
2. 
Payment of a fee, as established from time to time by the City Council.
3. 
A map clearly showing the property to be considered for the zoning change, including all properties within 1/4 mile of the subject property and the current zoning of all such properties.
4. 
A legal description of the property to be considered for the zoning change and the parcel's tax identification number.
5. 
For a text amendment, the exact wording proposed for change in the zoning ordinance shall be submitted.
6. 
A statement of why the proposed zoning change is desired and any other materials the applicant feels would support their request.

Section Z11-05 Variance.

A. 
Filing. The party from whom the appeal is taken shall immediately transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed was taken. These papers shall include a completed application form and site plan along with staff review comments. Said site plan shall include the following information:
B. 
Project information, including:
1. 
The applicant's name;
2. 
North arrow;
3. 
Complete and current legal description and size of property in acres;
4. 
Size of property in acres or square feet;
5. 
A survey shall be required for dimensional variance.
C. 
Existing features.
1. 
Property lines and dimensions;
2. 
Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site;
3. 
Lot lines and all structures on the property;
4. 
The Zoning Board of Appeals may require buildings and structures within 100 feet of the site's property lines to also be shown;
5. 
Proposed construction;
6. 
Building footprints, setbacks, and building height; and
7. 
Location and dimensions of parking spaces (if applicable).
8. 
Additional information may be required by the Zoning Board of Appeals, including, but not limited to:
a. 
Existing and proposed topography;
b. 
Location and method of screening waste dumpsters;
c. 
A landscaping plan;
d. 
Details of exterior lighting;
e. 
Details of site circulation and access design;
f. 
Any information specified in Section A-01 which the Zoning Board of Appeals determines to be necessary in order to properly evaluate the request and render a decision.
9. 
A completed application form, supplied by the Zoning Administrator, and an application fee.

Section Z11-06 Comprehensive sign plan.

A. 
Application. A comprehensive sign plan shall be submitted on a form established by the Zoning Administrator. The application shall contain the following information as well as all other information required by the Zoning Administrator to ensure compliance with the comprehensive sign plan evaluation criteria.
1. 
Name, address, and telephone number of the applicant.
2. 
Location of building, structure, or lot to which or upon which the comprehensive sign plan shall apply.
3. 
Name of person, firm, corporation, or association developing the comprehensive sign plan.
4. 
Written consent of the owner or lessee of the building, structure, or land to which the proposed comprehensive sign plan is applicable.
5. 
Scale drawing of all signs included in the comprehensive sign plan indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment. Said drawings shall be drawn at a scale no smaller than 1/8 inch equals one foot and shall be prepared, signed, and sealed by a registered professional engineer when required by the Zoning Administrator.
6. 
A scaled drawing indicating the location and position of all signs included in the comprehensive sign plan in relation to nearby buildings or structures. Said drawing shall be at a scale no smaller than one inch equals 50 feet.