Saint John City Zoning Code

Art. XVI

Development Plan Requirements, §§ 24-591—24-610

Sec. 24-591. Purpose.

development plan approval by the Plan Commission shall be necessary prior to the establishment of any use or construction of a building for each zoning district, or the issuance of a building permit. However, an individual detached single-family residence and work entirely on the interior of an existing structure are exempt from the requirements in this article.

Sec. 24-592. Development plan.

(a) Development requirements. The Plan Commission shall review a development plan application to determine if the development plan satisfies the development requirements specified herein for the applicable zoning district. The Plan Commission's review shall include the following items:

(1) Compatibility of the development with surrounding land uses:

a. Consistency with the policies for the district as set forth in the comprehensive plan;

b. Surrounding zoning and existing land use;

c. Compatibility with existing platted residential uses; and

d. Compatibility of proposed project with existing development within the district.

(2) Availability and coordination of:

a. The means and impact of water supply techniques; and

b. The means and impact of sanitary sewers.

(3) Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community such that:

a. The design and location of proposed street and highway access points minimize safety hazards and congestion;

b. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and

c. The entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

(4) Building setback lines.

(5) Building coverage.

(6) Building separation.

(7) Vehicle circulation, including:

a. Consistency with the policies for the district as set forth in the Comprehensive Plan;

b. Dedication of streets and rights-of-way, and/or reservation of land to be sold to governmental authorities for future development of streets and rights-of-way. In developments that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by the thoroughfare plan, the developer shall dedicate additional width along either one or both sides or such streets of inadequate width so as to bring them up to standards, provided the area to be used for widening is owned by the sub-divider or under his control;

c. Location and character of streets.;

d. Access to public streets;

e. Driveway and curb cut locations in relation to other sites;

f. Location and character of curbs and gutters;

g. General vehicular traffic;

h. Location and character of vehicle parking facilities; and

i. Vehicular internal site circulation.

(8) Pedestrian and bicycle circulation, including:

a. Consistency with the policies for the district as set forth in the thoroughfare plan;

b. Location and character of sidewalks, pedestrian trails, and bicycle paths;

c. Access to public sidewalks and multi-use paths;

d. General pedestrian and bicycle traffic;

e. Location and character of bicycle parking and storage facilities; and

f. Pedestrian and bicycle internal site circulation.

(9) Site landscaping and screening.

(10) Height, scale, materials, and style of improvements.

(11) Project signage.

(12) Open space.

(13) Exterior lighting.

(14) Existing site features, including topography and wooded areas.

(15) Zoning on site.

(16) Special and general easements for public or private use.

(17) Protective restrictions and/or covenants.

(b) Development plan documentation and supporting information. The development plan and supporting documentation shall contain the following:

(1) The location and character of the following:

a. Existing and proposed principal structures and accessory structures.

b. Exterior elevations, renderings, exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to development plan approval. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area.

c. Site plan, including:

1. Location of special and general easements for public or private use;

2. Building setback lines;

3. Building coverage;

4. Building separation; and

5. The following information shall be included on the site plan:

i. A scale of not less than one inch = fifty (50) feet if the subject property is less than three (3) acres and one inch = one hundred (100) feet if three (3) acres or more;

ii. Date, arrow, and scale;

iii. The dimensions of all lot and property lines showing the relationship of the subject property to abutting properties;

iv. The location of all existing and proposed structures on the subject property and all existing structures within one hundred (100) feet of the subject property;

v. The location of all existing and proposed drives and parking areas;

vi. The location and right-of-way widths of all abutting streets, and utility and drainage easements;

vii. The names and addresses of the architect, planner, designer, landscape architect, engineer, or person responsible for the preparation of the site plan;

viii. Sewers and drainage information shall be furnished pursuant to the requirements of the Town including but not limited to the showing of invert and rim elevations, pipe slopes and type of pipe materials, and all water service lines;

ix. Legal description;

x. The existing and finished contours shown at one-foot intervals;

xi. The existing elevations based on M.S.L. datum at all property corners, exterior grades at all existing buildings, and finish floor elevations;

xii. The location of all adjacent buildings, along with their exterior elevations;

xiii. The finished elevations in the case of any and all new construction shall be contained therein;

xiv. The location, elevation and type of storm water pick-up shall be contained therein; and

xv. The direction and quantity of all overland storm flow shall be designated on said plat.

d. Utilities, proposed and existing.

e. Sign plan. All exterior signage proposed to be located in the development shall be shown and conformance or nonconformance with requirements of article XIV of this chapter shall be noted on the plan.

f. Landscape plan. A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as required by article XII of this chapter.

(2) The nature and intensity of uses in the development.

(3) The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities, including a traffic study with a comparative analysis of present volumes on streets bordering the development or with a direct bearing on the development versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed development and the traffic it would generate particularly at peak periods. A circulation plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, parking, storing, and warning both pedestrian and vehicular traffic.

(4) The location and capacity of drainage facilities and sewer systems serving the development, including detailed drainage plans and construction plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs, and other necessary appurtenances. Among the necessary items of information are locations, grades, sizes, capacity and typical cross-sections of the drainage plan elements. A report shall be submitted with the following information:

a. Legal drains located in the development or relating to the development;

b. The flooding potential of the development;

c. The design of the storm water system to deal with such flooding potential; and

d. The expected impact of the development's storm water runoff on any receiving stream or downstream property. Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Plan Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains.

(5) Other information as follows:

a. Covenants, conditions and restrictions. A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the area subject to final development plan approval. The approved covenants shall be recorded with the recorder of the county after approval by the Plan Commission.

b. Erosion control and sedimentation plan. A statement and plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, e.g., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the county soil and water conservation requirements.

c. Lighting plan. Specifics are required concerning the easements, locations, size, height, type, intensity and luminance of proposed street and outdoor lighting in accordance to article XIII of this chapter.

d. Other construction plans. Other specific construction plans shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances including locations, grades, sizes, capacities, typical cross-sections and related information. These plans shall be drawn by a registered land surveyor or a professional engineer licensed to do business in the State of Indiana in accordance with state statutes.

e. Construction timetable. A construction timetable or schedule shall include the approximate timing of completion and/or occupancy of the improvements proposed in the area subject to development plan approval.

f. Deeds of dedication. Certification of dedication of streets, rights-of-way and other public property to the proper authorities, except so much thereof as are intended to remain private.

g. Certificate of Plan Commission approval. Certificate of approval by the Plan Commission shall be on each and every sheet of the development plan.

Sec. 24-593. Procedures for submission and review.

(1) Pre-application consultation with the Town Manager. Applicants shall meet with the Town Manager to review the zoning classification of the site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Town Manager shall aid and advise the applicant in preparing the application and supporting documents as necessary.

a. Town Manager. The applicant shall submit to the Town Manager:

1. Two (2) copies of the written application form;

2. Two (2) copies of the existing conditions plan;

3. Two (2) copies of the development plan; and

4. As well as two (2) copies of all necessary supporting documents and materials.

b. Initial review of the application and supporting documents and material.

1. Town Manager. Following the receipt of the written application, development plan, and necessary supporting documents and/or materials, the Town Manager shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. If in compliance, the applicant shall submit eight (8) copies of the information submitted to the Town manger for the Plan Commission review.

2. Plan Commission. Following the receipt and technical compliance of the written application, development plan, and necessary supporting documents and/or materials, the Town Manager shall place the application on the agenda of the Plan Commission.

1. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Town Manager shall inform the applicant of the deficiencies. Unless and until the Town Manager formally accepts the application as complete and in technical compliance, it shall not be considered formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth.

2. If the materials submitted by the applicant are determined to be complete and in compliance, the Town Manager shall forward the materials to the Plan Commission. Within thirty (30) days of the formal acceptance of the development plan application, the Town Manager shall formally file the application by:

i. Assigning a docket number; and

ii. Placing it upon the agenda of the Plan Commission.

(3) Fees. Fees are set forth in the Town schedule of fees.

(4) Public meeting action by the Plan Commission. The development plan shall be reviewed and approved or disapproved at a public meeting of the Plan Commission.

(5) Review. The Plan Commission shall review a development plan to determine if the development plan:

a. Is consistent with the comprehensive plan; and

b. Satisfies the development requirements specified in this zoning ordinance.

a. In determining whether approval shall be granted, the Plan Commission shall consider generally if the development plan:

1. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the zoning district and with adjacent uses;

2. Provides sufficient and well-designed access, parking and loading areas;

3. Provides traffic control and street plan integration with existing and planned public streets and interior access roads;

4. Provides adequately for sanitation, drainage, and public utilities; and

5. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the comprehensive plan.

b. In determining whether approval shall be granted, the Plan Commission may:

1. Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance.

2. Provide that approval of a development plan is conditioned on furnishing to the Plan Commission a bond or written assurance that:

i. Guarantees the timely completion of a proposed public improvement in the proposed development; and

ii. Is satisfactory to the Plan Commission.

3. Permit or require the owner of real property to make a written commitment.

c. Time Limit. An approved development plan shall be valid for two (2) years from the date of approval. Upon written application to the Town Manager before the expiration of said approval, and upon good cause shown, the Plan Commission may extend the approval for a period not to exceed six (6) months upon each request.

d. Alteration of plan. If the development plan is substantially or materially altered in any way, resubmission and approval by the Plan Commission is required.

e. Findings-of-fact. The Plan Commission shall make written findings concerning each decision to approve or disapprove a development plan.

Sec. 24-594. Site plan review (all districts).

(a) A site plan shall be submitted to the Plan Commission for approval of:

(1) Any use or development for which the submission of a site plan is required by any provision of this chapter.

(2) Any development, except R-1, RC-1, R-2, and RC-2 residential zoning districts, for which off-street parking areas are provided.

(3) Any use in an R-3, R-4, C-1, C-2, C-3, C-4, light industrial, and open space zoning district lying contiguous to or across a street from an R-1 or R-2 residential district.

(4) Any use, except R-1, RC-1, R-2, and RC-2 residential zoning districts, which lies contiguous to a major thoroughfare or collector street.

(5) All uses allowed by special exception in any residential district.

(6) Building additions or accessory buildings shall not require Plan Commission review unless off-street parking, in addition to that already provided on the site, is required.

(7) Changes of building or property uses for which previous site plan approval was required.

(8) Site plan review and approval as set forth in this section is required prior to issuance of a building permit.

(b) Every site plan submitted to the Plan Commission shall conform with the requirements of this chapter. No site plan shall be approved until the same has been reviewed by the building department in coordination with the Fire Department and the Police Department.