The following section recognizes and outlines each of the permit, formal approval and appeals.

(a)

The city hereby requires that an application and filing fee be submitted for the following formal petitions (permits, formal approvals, and appeals):

(b)

All application forms may be obtained through the department of community planning and development. Fees shall be paid at the city clerk-treasurer at the time of assignment of a docket number.

(c)

A project shall not proceed without first successfully being granted the applicable permits, formal approvals, and/or appeals. Any project that proceeds otherwise is subject to fines, penalties and court action (see article X).

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to a residential (1-2 family) improvement location permit petition.

(a)

[When permit required.] The city hereby requires that a residential (1-2 family) improvement location permit be obtained for the:

1.

Erection of a structure or building.

2.

Relocation of a structure or building.

3.

Demolition of a structure or building.

4.

Addition to a structure or building.

5.

Structural alteration to a structure or building.

(b)

[Conformity.] A residential (1-2 family) improvement location permit shall not be issued by the director of community development unless the project is in conformity with the provisions of the zoning ordinance.

(c)

[Required information.] The below-listed information must be presented with the application for a residential (1-2 family) improvement location permit, unless waived in writing by the director of community development.

1.

The common address for the subject lot and legal description/survey,

2.

Plans drawn to scale showing the actual dimensions and shape of the lot to be built upon or used,

3.

Plans drawn to scale showing the sizes and locations of all structures, buildings, utilities, wells, and septic systems already existing,

4.

Plans drawn to scale showing the location and dimensions of the proposed building(s) or alteration, and/or a statement describing the intended use of the property,

5.

Plans drawn to scale showing the setback distances from all property lines, and from existing and proposed road rights-of-way, and

6.

Proof of paying the tap fee to the city water reclamation department.

(d)

[Additional information.] The application shall also include such other information as lawfully may be required by the plan commission or director of community development to determine conformance with and provide for the enforcement of this chapter, including but not limited to:

1.

Width and length of all entrances and exits to and from the lot, and

2.

Location of floodplain boundaries or wetlands.

3.

Elevations of the existing or proposed buildings, structures, or alterations,

4.

Detailed description of the existing or proposed uses of the building and land,

5.

Natural, physical or hazardous conditions existing on the lot, and/or

6.

Landscape plan.

(f)

[Material to be retained.] The approved plans and application materials are retained by the public works department.

(g)

Expiration of permits.

1.

[Expiration criteria.] If the work described in any residential (1-2 family) improvement location permit has not begun within six months from the date of issuance, said permit shall expire. No written notice shall be given to the persons affected.

2.

Completion of work. If the work described in any residential (1-2 family) improvement location permit has not been completed within 18 months for a primary structure, accessory structures or other improvements of the date of issuance thereof, said permit shall expire. No written notice of expiration shall be given to the persons affected. Work shall not proceed unless and until a new improvement location permit has been obtained.

3.

The director of community development may give three extensions for up to three months each for work completion. Requests for extensions must be received in writing within one month of the expiration of the permit.

(h)

[Permit limitations.] Residential (1-2 family) improvement location permits issued on the basis of plans and applications submitted only authorize the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed as a violation of this chapter and subject to a stop-work order, an order of removal, mitigation, or fines and penalties.

(i)

Exempt. The following activities are permitted without a residential (1-2 family) improvement location permit, provided all other applicable standards are met.

1.

Normal plowing and preparing the land for farming, gardens, and yards.

2.

Earth movement related to farming and other agricultural activity.

3.

Drain tile laying and ditch maintenance.

4.

Normal maintenance to the primary or accessory structures (may still require a building permit/ILP).

5.

Repaving a driveway or walks on the property (may still require a building permit/ILP).

6.

Road, sidewalk, path or utility construction within a public right-of-way (a construction in the right-of-way permit is still required through the public works department).

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to a commercial improvement location permit petition; any development other than single or two-family project on a single lot.

(a)

The city hereby requires that a commercial improvement location permit be obtained for the:

1.

Erection of a structure or building.

2.

Relocation of a structure or building.

3.

Addition to a structure or building.

4.

Demolition of a structure or building.

5.

Structural alteration of a structure or building.

(b)

A commercial improvement location permit shall not be issued by the director of community development unless the project is in conformity with the provisions of the zoning ordinance.

(c)

The following information must be presented with the application for an commercial improvement location permit if applicable:

1.

Proof of approval by the development review committee and/or city plan commission.

2.

Proof of paying the tap fee to the city water reclamation board.

3.

The common address for the subject lot and legal description/survey.

4.

A site location map showing the context around the subject lot.

5.

Plans drawn to scale showing the actual dimensions and shape of the lot to be built upon or used.

6.

The exact sizes and locations of all structures, buildings, utilities, wells, and septic systems already existing.

7.

The location and dimensions of the proposed building(s) or alteration, or use, including all paved areas.

8.

The total square feet area of the platted property and the total area of existing and proposed impervious surfaces on the property expressed both in square feet and as an area percentage of the total property.

9.

Setback distances from all property lines, and from existing and proposed road rights-of-way;

10.

Width and length of all entrances and exits to and from the lot; and

11.

Location of floodplain boundaries or wetlands.

(d)

[Additional required information.] The application shall also include such other information as lawfully may be required by the plan commission or director of community development to determine conformance with and provide for the enforcement of this chapter including, but not limited to:

1.

Elevations of the existing or proposed buildings, structures, or alterations;

2.

Detailed description of the existing or proposed uses of the building and land;

3.

The number dwelling units or rental units the building is designed to accommodate;

4.

Natural, physical or hazardous conditions existing on the lot;

5.

Sign plan;

6.

Landscape plan;

7.

Lighting plan; and/or

8.

Copy of drainage approval (if applicable).

(e)

[Site plan preparation.] The approved plans and application materials are retained by the department of community planning and development. Site plans must be prepared by a land surveyor, architect, landscape architect, or engineer licensed in the state.

(f)

Expiration of permits.

1.

[Commencement of work.] If the work described in any commercial improvement location permit has not begun within one year from the date of issuance (i.e. site plan approval by the design review committee or plan commission, or variances approved by the board of zoning appeals), said permit shall expire. No written notice shall be given to the persons affected.

2.

Completion of work. If the work described in any commercial improvement location permit has not been completed within one year for a primary structure, accessory structures or other improvements of the date of issuance thereof, said permit shall expire. No written notice of expiration shall be given to the persons affected. After expiration of the permit, work shall not proceed unless and until a new commercial improvement location permit has been obtained.

3.

[Extensions.] The director of community development may give three extensions for up to three months each for work completion. Requests for extensions must be received within one month of the expiration. A fee will be charged.

(g)

[Use limitations.] Improvement location permits issued on the basis of plans and applications submitted only authorize the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed as a violation of this chapter and subject to a stop-work order, an order of removal, mitigation, or fines and penalties.

(h)

Exempt. The following activities are permitted without a commercial improvement location permit, provided all other applicable standards are met.

1.

Normal plowing and preparing the land for farming, gardens, and yards.

2.

Earth movement related to farming and other agricultural activity.

3.

Drain tile laying and ditch maintenance.

4.

Road, sidewalk, path or utility construction within a public right-of-way (a construction in the right-of-way permit is still required through the engineering department).

(Ord. No. 05-41, § 1, 8-2-05; Ord. No. 10-31, § 1, 6-1-10)

The following procedure applies to a temporary improvement location permit petition.

(a)

[Permit required.] The city requires a temporary improvement location permit be obtained for the erection of a temporary structure, or operation of a temporary use.

(b)

[Conformity required.] A temporary improvement location permit shall not be issued by the director of community development unless the project is in conformity with the provisions of the zoning ordinance.

(c)

[Required information.] The following information must be presented with the application for a temporary improvement location permit when applicable:

1.

The common address for the subject lot and legal description/survey,

2.

A site location map showing the context around the subject lot,

3.

Plans drawn to scale showing the actual dimensions and shape of the lot to be built upon or used,

4.

The locations of all existing structures, buildings, parking spaces and entrances on the site,

5.

The location and dimensions of the proposed temporary structures, and

6.

Setback distances for all proposed temporary structures from property lines.

(d)

[Additional required information.] The application shall also include such other information as lawfully may be required by the plan commission or director of community development to determine conformance with and provide for the enforcement of this chapter including, but not limited to:

1.

Detailed description of the existing and proposed uses of the building and land, [and/or]

2.

Temporary sign plan.

(e)

Expiration of permits.

1.

The temporary improvement location permit shall be valid for the duration permitted by this chapter or time restrictions imposed on the permit.

2.

The director of community development may extend the duration of a temporary use or structure one time with findings of substantial need. The duration of the extension cannot exceed the length of the originally permitted time without the application for another temporary use or structure permit.

(f)

Exempt. The following activities are permitted without a temporary improvement location permit, provided all other applicable standards are met.

1.

Garage/yard sales unless the applicant wishes to exceed the permitted duration.

2.

Tents for a private party or event unless the applicant wishes to exceed the permitted duration.

(Ord. No. 05-41, § 1, 8-2-05)

The following regulations and procedures apply to receive an occupancy permit.

(a)

The city hereby requires that an occupancy permit be obtained prior to a building being occupied or utilized for each of the following situations:

1.

Erection of a new single-family residence, multifamily building, business building, industrial facility, or similar building that people will occupy permanently or temporarily;

2.

Build-out of a flex commercial, flex office, flex industrial space, or the like;

3.

Relocation of a single-family residence, multifamily building, business building, industrial facility, or similar building that people will occupy permanently or temporarily;

4.

Addition to a single-family residence, multifamily building, business building, industrial facility, or similar building that people will occupy permanently or temporarily. Parts of an existing building that is not a part of the addition may continue to be occupied; or

5.

Similar situations in which the director of community development requires an occupancy permit.

(b)

The city also requires that an occupancy permit be obtained prior to a temporary building being occupied or utilized for each of the following types of building:

1.

Temporary classrooms;

2.

Sales trailers;

3.

Model homes; or

4.

Similar type of building in which the director of community development requires an occupancy permit.

(c)

If an occupancy permit is required under subsections 90-9.3(a) or (b), it is unlawful and a violation of this chapter for anyone to occupy or utilize a building until the occupancy permit is issued by the director of community development. Anyone who is required to obtain an occupancy permit and fails to do so is subject to a stop-work order, mitigation, or fines and penalties.

(d)

For an occupancy permit to be issued each of the following must be successfully completed, if applicable.

1.

Demonstrate proof of being issued an improvement location permit and building permit.

2.

Demonstrate proof of passing a final inspection by the building inspector.

3.

Filling out and submitting the application for the occupancy permit.

4.

Receive approval by the engineering, building, and fire departments to occupy the building.

(e)

Due to weather or other circumstances, an occupancy permit may be issued with out the required (a) landscaping, (b) building finishes, (c) parking lot finishes, or the like, provided some sort of surety has been posted to satisfy the director of community development.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to sign permit petitions for permanent signs.

(a)

An application for a sign permit shall be filed with the public works department and shall be accompanied by the following list of information required by the director of community development to assure compliance with the laws and regulations of the zoning ordinance.

1.

Name and address of the owner of the lot on which the sign is located or is to be located.

2.

Name and address of the owner of the sign (if different).

3.

A sketch of the sign with the dimensions drawn to scale.

4.

A sketch of the lot showing all existing and proposed structures and the proposed location of the

5.

A description of the sign, including the materials, lighting and structure to be used.

6.

The size and location of all signs on the same lot or owned or leased by the applicant.

(b)

An application for a permit shall be reviewed and approved by the director of community development.

(c)

If any 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 zoning ordinance and subject to a stop-work order, an order of removal, mitigation, and/or fines and penalties.

(d)

A sign permit issued under the provisions of this chapter 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.

(e)

A sign permit shall become null and void if work has not been started within six months of the date of the permit or completed within 12 months of the date of the permit.

(f)

The following shall not be required to have a sign permit unless other specified.

1.

Changeable copy. The changing of copy (text) on a changeable copy sign or portion of a sign that upon being installed was approved and granted a permit.

2.

Maintenance. Painting, repainting, cleaning or other normal maintenance and repair of a sign or sign structure, provided the sign area is not altered, the lighting is not made brighter, or the sign's structure is not altered.

3.

Exempt signs. Exempt signs as described in article VI.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to sign permit petitions for temporary signs.

(a)

An application for a permit shall be filed with the public works department and shall be accompanied by the following list of information required by the director of community development to assure compliance with the laws and regulations of the zoning ordinance.

1.

Name and address of the owner of the lot on which the sign is to be located.

2.

Name and address of the owner of the sign.

3.

A sketch or photograph of the temporary sign with the dimensions.

4.

A sketch of the lot showing the proposed location of the sign drawn to scale.

5.

Description of the device to be used (structure, lighting, attachments, etc.).

6.

A signed statement noting the period of time the device is intended to be used.

(b)

An application for a permit shall be reviewed and approved by the director of community development.

(c)

If any 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 zoning ordinance and subject to an order of removal, mitigation, and/or fines and penalties.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to development standard variance petitions.

(a)

The applicant shall submit a variance application, required supportive information, and application fee 20 days prior to meeting. Once this information is received and is deemed complete by the director of community development, the petition will be scheduled for an upcoming board of zoning appeals meeting.

(b)

The board of zoning appeals (BZA) will then review:

1.

The variance application,

2.

Required supportive information,

3.

Testimony of the applicant, and

4.

Testimony of the public.

(c)

The BZA may approve, deny or table the petition. The BZA may add conditions to an approval. Approvals shall only be granted upon findings of fact in compliance with IC 36-7-4-900 et seq. and the requirements of this chapter.

(d)

The director of community development shall refuse to accept a petition for a variance within six months of the date of denial when said petition involves the same subject matter. However, the director of community development shall have the authority and discretion to determine that a petition containing major changes may justify refiling within said six-month period.

(e)

The board of zoning appeals may grant a variance from the development standards of this chapter (such as height, bulk, area) if, after a public hearing, it makes findings of facts in writing, that:

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 this chapter 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.

(f)

The board of zoning appeals may permit or require the owner of a parcel of property to make written commitments and record it in the county recorder's office concerning the use or development of that parcel or may impose conditions upon that grant of variance.

(g)

A developmental standards variance granted by the board of zoning appeals shall run with the parcel until such time as the property conforms with this chapter as written.

(h)

The board of zoning appeals may enforce any condition and/or commitment it has imposed as if it were a standard of this chapter.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to use variance petitions.

(a)

The applicant shall submit a variance application, required supportive information, and application fee 20 days prior to meeting. Once this information is received and is deemed complete by the director of community development, the petition will be scheduled for an upcoming board of zoning appeals meeting.

(b)

The board of zoning appeals (BZA) will then review:

1.

The variance application,

2.

Required supportive information,

3.

Testimony of the applicant, and

4.

Testimony of the public.

(c)

The BZA may approve, deny or table the petition. The BZA may add conditions to an approval. Approvals shall only be granted upon findings of fact in compliance with IC 36-7-4-900 et seq. and the requirements of this chapter.

(d)

The director of community development shall refuse to accept a petition for a variance within six months of the date of denial when said petition involves the same subject matter. However, the director of community development shall have the authority and discretion to determine that a petition containing major changes may justify refiling within said six-month period.

(e)

The board of zoning appeals may grant a variance from use from the terms of the zoning ordinance if, after a public hearing, it makes findings of facts in writing that:

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 use variance will not be affected in a substantially adverse manner;

3.

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

4.

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

5.

The approval does not interfere substantially with the comprehensive plan adopted under the IC 36-7-4-500 et seq.

(f)

The board of zoning appeals may permit or require the owner of a parcel of property to make written commitments and record it in the county recorder's office concerning the use or development of that parcel or may impose conditions upon that grant of variance.

(g)

A use variance granted by the board of zoning appeals shall run with the parcel until such time as the property conforms with this chapter as written.

(h)

The board of zoning appeals may enforce any condition and/or commitment it has imposed as if it were a standard of this chapter.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to special exception petitions.

(a)

The applicant shall submit a special exception application, required supportive information, and application fee 20 days prior to the regularly scheduled board of zoning appeals meeting.

(b)

At its next regularly scheduled public meeting, the BZA shall then review:

1.

The special exception application,

2.

Required supportive information,

3.

Testimony of the applicant, and

4.

Testimony of the public.

(c)

The BZA may approve, deny, or table the petition. The BZA may add conditions to an approval.

(d)

The director of community development shall refuse to accept a petition for a special exception within six months of the date of denial when said petition involves the same subject matter. However, the director of community development shall have the authority and discretion to determine that a petition containing major changes may justify refiling within a six-month period.

(e)

To be eligible for the granting of a special exception under this section, a person must first receive a determination from the director of community development that a special exception is required for the intended use, change of use or for the expansion, extension, or enlargement of a use.

There shall be no cases or applications, nor any particular situation in which these rules authorize special exceptions without the approval of the BZA. Further, no previous applications shall set a precedence for any other application before the BZA.

(f)

The board of zoning appeals may grant a special exception for a use in a district if, after a hearing, it makes findings of facts in writing, that:

1.

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

2.

The requirements and development standards for the requested use as prescribed by this chapter will be met;

3.

Granting the exception will not subvert the general purposes served by this chapter and will not permanently injure other property or uses in the same district and vicinity; and,

4.

The proposed use will be consistent with the character of the district therein, the spirit and intent of this chapter, and the Portage Comprehensive Plan.

(g)

When considering a special exception the board of zoning appeals may take into consideration the following items as they relate to the proposed use:

1.

Topography and other natural site features;

2.

Zoning of the site and surrounding properties;

3.

Driveway locations, street access and vehicular and pedestrian traffic;

4.

Parking amount, location, design;

5.

Landscaping, screening, buffering;

6.

Open space and other site amenities;

7.

Noise production and hours of operation;

8.

Design, placement, architecture, and building material of the structure;

9.

Placement, design, intensity, height, and shielding of lights;

10.

Traffic generation; and,

11.

General site layout as it relates to its surroundings.

(h)

The board of zoning appeals may impose such reasonable conditions upon its approval as it deems necessary to find that the above criteria will be served.

(i)

The board of zoning appeals may permit or require the owner of the parcel of property to make a written commitment concerning the use or development of the parcel as specified under IC 36-7-4-921 and have such commitment recorded in the county recorder's office.

(j)

The board of zoning appeals may limit special exceptions to a specific individual and/or a specific time period and for a specific use.

(k)

A use authorized by special exception may not be changed, expanded, extended, or enlarged unless reauthorized by the board of zoning appeals under the procedures set forth in these rules for granting a special exception.

(l)

If the board of zoning appeals grants the special exception, it shall direct the applicant to apply for a building permit site plan approval and/or an improvement location permit within four months or the special exception will be void. If such application complies with all ordinances and rules, a building permit and/or an improvement location permit for the use authorized by special exception shall be issued.

(m)

A special exception granted for a specific use ceases to be authorized and is void if that use is not 50 percent established within a 12-month period of the date the special exception was granted. A special exception granted for a specific use ceases to be authorized and is void if that use is discontinued at that site for a consecutive six months.

(n)

A special exception may be terminated by the board of zoning appeals as follows:

1.

Upon the filing of an application by an interested person or a member of the staff, and after which a public hearing is held with notice to the property owner; and,

2.

At the public hearing a finding is made by the board of zoning appeals that one or more of the following has not been complied with:

• The applicable terms of this chapter;

• The conditions placed on approval; and

• The written commitments made in conjunction with the original special exception application.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to zoning amendment petitions (zoning map/rezoning).

(a)

The applicant shall submit an application, required supportive information, and application fee. Once this information is received and is deemed complete by the director of community development, the petition for rezoning will be scheduled for an upcoming plan commission meeting.

(b)

The plan commission will hold a public hearing at which time it will review the application and required supportive information. The plan commission may recommend approval, recommend denial or table the petition.

(c)

If the petition has not been tabled, it will then be forwarded to the common council with a recommendation to approve or deny the petition. The common council will review the application, required supportive material and the plan commission recommendation. The council may approve, deny or table the petition.

(d)

During the review of a zoning amendment petition the following shall be considered:

• The Portage Comprehensive Plan.

• Current conditions and character of structures and uses in each district.

• The most desirable use for which the land in each district is adapted.

• The conservation of property values throughout the jurisdiction.

• Responsible development and growth.

(e)

The common council may require reasonable conditions or receive commitments from the applicant which shall be legally enforceable and permanent. The common council may require any condition or commitment to be recorded on the plat and/or deed(s) so that future title searches will discover the binding terms for the zoning amendment. Meeting minutes, video minutes, and audio minutes may also be considered as legal proof of conditions or commitments.

(f)

The director of community development shall refuse to accept a petition for a zoning amendment within 12 months of the date of denial when said petition involves the same or similar request. However, the director of community development shall have the authority and discretion to determine that a petition containing major changes may justify refiling within a 12-month period.

(Ord. No. 05-41, § 1, 8-2-05)

The general procedure for establishing a planned development (PD) is as follows:

(a)

Prior to formally filing a preliminary plan and rezone petition, the applicant must submit a sketch plan to the director of community development for review by the development review committee. The development review committee shall make a cursory review of the sketch plan and give the applicant comments.

(b)

The applicant may file a sketch plan to the plan commission prior to formally filing a preliminary plan and/or rezone petition. This elective review and meeting may be used by the developer to receive comments of support and to take note of issues.

(c)

The applicant shall file a preliminary plan and rezone petition for the appropriate PD classification to the plan commission. If the planned development includes the subdivision of land, a subdivision plat is necessary and shall be filed at this time and follow those procedures set forth in the Portage Subdivision Control Ordinance.

(d)

The plan commission shall concurrently review the petition for rezoning, application for preliminary plan approval, and primary subdivision plat approval (if applicable). The plan commission shall schedule the appropriate plan commission meeting(s) and public hearing(s).

(e)

Based on review of the preliminary plan, petition for rezoning and subdivision plat (if applicable), the plan commission will give a favorable or unfavorable recommendation to the common council to approve or deny the planned development. Prior to the common council's action, the plan commission must approve or deny the primary plat if applicable.

(f)

The common council will review the planned development, the recommendation from the plan commission and vote to approve or deny the request. The common council may require reasonable conditions or receive commitments from the applicant which shall be legally enforceable and permanent.

(g)

If the common council approves the planned development, the land is officially rezoned and the preliminary plan is approved. Prior to moving earth or any construction, the applicant shall get final plan approval and secondary plat approval from the plan commission.

(h)

The plan commission shall review the application for final plan approval and secondary subdivision plat approval (if applicable). The plan commission shall schedule the appropriate plan commission meeting(s) and public hearing(s).

(i)

Once the plan commission approves the final plan and the secondary subdivision plat (if applicable) and the applicant has secured any other necessary permits, the applicant shall be issued an improvement location permit. The final plan and secondary subdivision plat shall be stamped and signed by the plan commission president and secretary.

(j)

The official zoning map shall be amended to reflect the zoning change, date of approval by the common council, and the docket number.

(Note: Detailed descriptions of each general step outlined above are discussed in the following sections.)

(k)

Sketch plan review.

1.

Prior to filing for a planned development, the applicant shall submit a sketch plan to the director of community development for review by the development review committee. The development review committee shall review the sketch plan and give the applicant comments within 30 days of submission.

2.

The sketch plan review shall focus on the planned development's ability to fulfill:

a.

Article VII's regulations and intent for planned developments,

b.

The spirit and intent of Portage's Subdivision Control Ordinance, and

c.

The spirit and intent of Portage's Comprehensive Plan.

3.

The applicant may, if desired, also submit the sketch plan for the plan commission to review.

4.

Only after the applicant has received sketch plan review comments can the preliminary plan and rezone petition be submitted to the plan commission.

(l)

Sketch plan requirements. The following criteria are the minimum requirements that shall be submitted to the director of community development for review by the development review committee.

1.

Scale and graphics.

a.

The scale of the sketch plan shall not exceed one inch equals 100 feet.

b.

The sketch plan may include any additional graphics which will explain the features of the development.

2.

Development description.

a.

Name and address of the applicant.

b.

Proof of ownership.

c.

Proposed name of development (if applicable).

d.

Address of the site.

e.

Legal description of the real estate.

f.

Name and address of land surveyor.

g.

Legend and notes, including a graphic scale, north point, and date.

h.

A separate location map, to scale, showing the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land.

3.

Existing and proposed conditions.

a.

Existing and proposed layout of streets, parking lots, open space and other basic elements of the plan.

b.

Existing and proposed easements and their purpose.

c.

Location of natural streams, regulated drains, 100-year floodplains, floodway, water courses, marshes, wooded areas, isolated preservable trees, wetlands, historic features, existing structures, dry wells, utility lines, fire hydrants and any other significant feature(s) that may influence the design of the development.

d.

General description of, location of, and types of existing and proposed structures on the site.

e.

Proposals and plans for handling traffic, parking, sewage disposal, tree preservation and removal, lighting, signage, landscaping, and other pertinent development features.

f.

A general statement of the design standards and covenants to be made a part of the planned development

g.

A statement of the proposed order of development of the major elements of the project. This includes phasing, if applicable, and the order and content of each phase.

h.

The land use categories within the development, including proposed densities of said uses.

(m)

Application for planned development.

1.

The applicant shall submit an application for a planned development which includes the preliminary plan and rezoning request 30 days prior to a plan commission meeting at which a public hearing will be held.

2.

The application shall be signed by the owner or owners of all real estate involved in the petition for the planned development, or shall have attached thereto letters of consent to change to a PD classification by all such owners prior to the filing.

3.

If a subdivision plat is necessary in conjunction with the application for planned development, the primary plat shall also be filed at this time for review by the plat review committee and shall follow those procedures set forth in the Portage Subdivision Control Ordinance. However, any such approval shall be conditioned upon common council approving the rezone request to a PD district.

4.

The plan commission will schedule a public hearing for the rezoning of the property and for review of the preliminary plan.

(n)

Preliminary plan requirements. The following criteria are the minimum requirements that shall be submitted to the director of community development for review by the plan commission.

1.

Scale and graphics.

a.

The scale of the preliminary plan shall not exceed one inch equals 100 feet.

b.

The preliminary plan may include any additional graphics which will explain the features of the development.

2.

All documents and information required for the sketch plan review.

3.

Proposed covenants, conditions or restrictions.

4.

Compilation of information shall:

a.

Include an index identifying all documents included in the preliminary plan.

b.

Include a cover sheet indicating that it is the preliminary plan and indicating the date and case number.

c.

Be bound together and all documents submitted on paper eight and one-half by 11 inches in dimension, except for the maps, plans, elevations, and any oversized design guidelines which must be folded to eight and one-half by 11 inches.

(o)

Preliminary plan and rezoning approval.

1.

In its review of the preliminary plan the plan commission should consider the extent to which the proposal fulfills:

a.

Article VII's regulations and intent for planned developments,

b.

The spirit and intent of Portage's Subdivision Control Ordinance, and

c.

The spirit and intent of Portage's Comprehensive Plan.

2.

During the public hearing, the plan commission may:

a.

Ask for verbal or written descriptions of the proposed development,

b.

Require data, information, or studies to be completed,

c.

Accept commitments from the applicant,

d.

Hear verbal comments or receive written comments from the public, and

e.

Table the petition until a time the necessary information is available.

3.

Upon completing the public hearing review, the plan commission shall vote to recommend approval or denial of the planned development by the common council.

4.

The plan commission may suggest to the common council require condition concerning the use of the property or development standards in connection with its favorable recommendation of the rezoning request and preliminary plan approval.

5.

If the plan commission gives an unfavorable recommendation, the applicant may revise and resubmit the revised preliminary plan within 30 days to the plan commission.

6.

The common council will, within 30 days, review the rezoning petition, the recommendation from the plan commission and vote to approve or disapprove the request.

7.

If the common council disapproves the planned development, the applicant must wait one year before resubmitting another petition unless significant changes have been made to the application.

8.

If the common council approves the planned development, the land is officially rezoned and the preliminary plan approved. Earthwork may begin, but issuance of an improvement location permit for any structure is con tin gent on successful review and approval of the final plan by the development review committee.

9.

The official zoning map must be amended to reflect the zoning change, date of approval by the common council, and the docket number.

(p)

Final plan requirements. The following criteria are the minimum requirements that shall be submitted to the director of community development for review by the development review committees once the common council approves the rezoning and the preliminary plan.

1.

Scale and graphics.

a.

The scale of the final plan shall not exceed one inch equals 100 feet.

b.

The preliminary plan may include any additional graphics which will explain the features of the development.

2.

All documents and information required for the sketch plan review.

3.

All documents and information required for the preliminary plan review.

4.

Written approval from the Portage Drainage Board.

5.

Improvement plans for all infrastructure improvements required or proposed in the planned development.

6.

Proposed covenants, conditions or restrictions.

7.

Compilation of information shall:

a.

Include an index identifying all documents included in the final plan.

b.

Include a cover sheet indicating that it is the final plan and indicating the date and case number.

c.

Be bound together and all documents submitted on paper eight and one-half by 11 inches in dimension, except for the maps, plans, elevations, and any oversized design guidelines which must be folded to eight and one-half by 11 inches.

(q)

Final plan approval.

1.

The development review committee shall conduct a thorough review of the final plan. The review shall focus on whether the proposed engineered systems meet the city standards and are designed appropriately. The engineered systems include, but are not limited to, roads, sidewalks, public and private utilities, drainage, and retention or detention. The development review committee shall review the site's systems for pedestrian accessibility, vehicular circulation, connectivity, public safety, light trespass, glare, conformance to sign, landscaping and parking standards, and the like.

2.

Prior to signing of the final plan a surety shall be posted (if applicable) in an amount that is consistent with the cost of public improvements.

3.

Once satisfied with the final plan, the development review committee shall forward it to the plan commission for signatures. The final plan shall be stamped and signed by the plan commission president and secretary.

4.

All common council conditions and commitments made by the applicant shall be recorded with the Porter County Recorder and must clearly state that they are enforceable by, as a minimum, the plan commission and common council.

5.

Each of the above steps shall be completed as required prior to the issuance of an improvement location permit. If a subdivision plat is required, the secondary (final) plat must be approved prior to the issuance of an improvement location permit pursuant to the Portage Subdivision Control Ordinance.

(r)

Minor modifications. The director of community development may, from time to time in its administration of the PD, approve minor modifications of the final plan without a public hearing in a manner con sis tent with the purpose or intent of the overall development. Such modifications shall not include any increase in density, any reduction in aesthetic treatment, any alteration of frontage, any change in type of use, or any change in access points.

An adversely affected party may appeal any decision by the director of community development to the plan commission within 30 days of the determination. The plan commission has the authority to establish rules governing the nature of proceedings and notice required to make a modification under article VII.

(s)

Covenants and maintenance. Covenants, when required by the plan commission, shall be set forth in detail. Furthermore, covenants shall provide for the release of restrictions upon execution of a document so stating and suitable for recording, bearing signatures of the plan commission president and secretary, upon authorization by the plan commission and signatures of all the owners of property in the area involved in the petition for whose benefit the covenant was created. Covenants required by the plan commission shall provide that their benefits be specifically en force able by the commission. An executed recorded copy shall be provided to and maintained in the department of community planning and development.

Adequate provision shall be made for a private organization (i.e., home owner association) with direct responsibility to, and control of, the property owners involved to provide for the operation and maintenance of all common facilities if such facilities are a part of the planned development, and, in such instance legal assurances shall be provided which show that the private organization is self-perpetuating.

All common facilities not dedicated to the public shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(t)

Recording. All approved final plans, covenants, commitments, plats, and modifications thereof shall be recorded in the Porter County Recorder's Office within ten days of approval. The developer shall provide two copies bearing recording information to the department of community planning and development for its records.

(u)

Construction. No construction or installation work may commence on any public improvements until satisfactory improvement plans and specifications have been submitted and approved by the development review committee and until the applicant provides at least 48 hours' notice to the city engineer or entity having jurisdiction of the public facility, in order that inspections may be made as the work progresses.

All development shall be in conformity with the approved final plan. Any material deviation from the plans is subject to appropriate enforcement action.

(v)

Extension, abandonment, expiration. Upon the abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no (or minimal) improvements have been made pursuant to the approved detailed development and improvement plans for nine consecutive months), or upon the expiration of three years from the approval of the final plan for a development which has not been completed, the land will revert to the original zoning district. The plan commission may grant one 12-month extension. If an extension for expiration is granted such extension shall be recorded.

(w)

Rules of procedure. All proceedings brought under this section are subject to the rules of procedure of the plan commission, where not described otherwise herein.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to administrative appeal petitions:

(a)

The applicant shall submit a written statement specifying the grounds for the appeal and any applicable supporting material within 30 days of the decision alleged to be in error.

(b)

The administrative official or body from which the appeal is taken shall transmit to the board of zoning appeals all documents, plans and papers constituting the record of action from which the appeal is taken.

(c)

Administrative appeals require public notice in the newspaper per IC 5-3-1-2 and 5-3-1-4.

(d)

At its next regularly scheduled public meeting, the BZA shall then review:

1.

The written statement and supportive material submitted by the applicant;

2.

The record of action supplied by the administrative official or body from the which appeal is taken;

3.

The testimony of the applicant; and

4.

The testimony of the administrative official or body from which the appeal is taken.

(e)

The BZA may grant, deny, or table the appeal. The BZA may add conditions to any application which was approved at the appeal stage.

(Ord. No. 05-41, § 1, 8-2-05)

The following procedure applies to questionable land use appeal petitions:

(a)

The applicant shall submit a written statement specifying the grounds for the appeal and any applicable supportive material to the director of community development. This will also include:

The proposed land use,

1.

The existing zoning district,

2.

The lot's address,

3.

The applicant's name, address, and contact information, and

4.

The property owner's name, address, and contact information (if different).

(b)

The director of community development will review the petition for a questionable land use and determine if the proposed land use is significantly like a permitted or special exception land use or if the proposed land use is not significantly like a permitted or special exception land use.

(c)

If the proposed land use is significantly like a permitted or special exception land use in the subject zoning district, then the director of community development may approve, deny or forward the decision to the BZA. If the director of community development approves the land use, the applicant will receive written notice of said approval. If the director of community development denies the land use, the applicant may appeal the director of community development's decision to the BZA. And if the director of community development forwards it to the BZA for a decision, the information shall be forwarded to the BZA and will be scheduled for a hearing at the earliest BZA meeting with sufficient space on the docket.

(d)

If the proposed land use is not significantly like a permitted or special exception land use in the subject zoning district the director of community development must forward the decision to the BZA.

(e)

If the decision is forwarded to the BZA, the decision will be made by majority vote once all the information is presented to the BZA in a regularly schedule meeting. The BZA may approve or deny the petition for a questionable land use.

(Ord. No. 05-41, § 1, 8-2-05)

The common council shall maintain an official fee schedule for permits and processes outlined in the zoning ordinance.

(Ord. No. 05-41, § 1, 8-2-05; Ord. No. 09-15, § 1, 4-7-09; Ord. No. 24-30, § 1, 11-12-24)

The following information pertains to processes that require a public hearing.

(a)

Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and due notice to interested parties shall be given at least ten days before the date set for the hearing.

(b)

The party pursuing the request shall be required to assume costs of public notice and notice to interested parties. Interested parties shall include, but are not limited to, owners of properties adjacent to the subject property. Adjacent shall include across any public ways.

(Ord. No. 05-41, § 1, 8-2-05)