1. A zoning clearance permit is required for approval of use, site improvements, landscaping, and architecture. Zoning clearance precedes a building permit, but may also be required in instances in which a building permit is not required.
2. The Planning Director issues zoning clearance permits upon a finding of compliance with this UDO.

1. A floodplain permit is required prior to the commencement of any development within the floodplain. A floodplain permit does not authorize construction, but only certifies compliance with the floodplain regulations in Division 4.500, Floodplain Management. For property located in a floodplain, the floodplain permit is a prerequisite for other development permits.
2. The Floodplain Administrator issues Floodplain Permits upon a finding of compliance with Division 4.500, Floodplain Management, and assurance that all other required State and Federal permits are obtained.

1. A site permit is required prior to the commencement of any clearing, grading, excavation, fill, land disturbing activity, or construction of any site improvement. Accordingly, for many types of development, a site permit is issued before or concurrently with a building permit. By way of example and not limitation, development activities that require a site permit include, but are not limited to:​
   1. Tree removal in excess of:
      1. Three non-exempt trees within a one calendar year period; or
      2. If the parcel or lot contains more than one acre of tree canopy, three non-exempt trees per acre within the tree canopy within a one calendar year period.
   2. Any land disturbing activities that involve 3,000 square feet or more of land.
   3. Land disturbing activities that involve less than 3,000 square feet of land, but sites are immediately adjacent to a storm sewer inlet, ditch, stream, wetland water courses, and/or are on ground with a slope of six percent or greater.
   4. Any excavation, fill, or earthmoving involving an earthwork quantity greater than 10 cubic yards.
   5. Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk or path.
   6. Construction of any paved surface larger than 100 square feet in area.
   7. Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
   8. Installation of any exterior lighting for any site or use except single-family, duplex, twin home, or three-plex units.
2. The City Engineer issues site permits upon a finding of compliance with this UDO and any other applicable regulations that the City Engineer has been delegated the responsibility to enforce. Where appropriate, the Erosion Control Permit, the Right-of-Way Cut Permit, and/or the Sanitary Sewer Permit may be incorporated into the Site Permit process and form at the discretion of the City Engineer.
3. All permits require the applicant to:
   1. Notify the City Engineer at least 24 hours before beginning any land disturbing activity.
   2. Obtain the permission of the City Engineer before modifying the erosion control plan.
   3. Install and maintain all erosion control measures as identified in the erosion control plan.
   4. Maintain all road drainage systems, stormwater drainage systems and other facilities as identified in the erosion control plan.
   5. Remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses.
   6. Allow the Engineering Department to enter the site to verify compliance with the erosion control plan or to perform any work necessary to bring the site into compliance with the erosion control plan.
   7. Submit a revised plan for approval if the nature of the project changes from that proposed under the permit.

1. A building permit is required prior to the improvement, construction, reconstruction, or repair of any existing or new building or structure, except as provided herein. By way of example and not limitation, development activities that require a building permit include, but are not limited to:
   1. Installation or construction of any roofing or re-roofing, fences or swimming pools (above and in-ground);
   2. Installation or construction of a sign, tower, shed, gazebo, shelter, deck, porch, carport, patio, kennel (anchored to ground), garage, or room addition (includes custom built or prefabricated three season rooms or sun rooms);
   3. Construction, reconstruction, repair, moving or demolition of any residential, commercial, municipal, recreational, institutional, or industrial building or structure;
   4. Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of ingress and/or egress, or any other change(s) affecting or regulated by the Building Code or this UDO, except for minor repairs or changes not involving any of the aforesaid provisions.
2. The Building Commissioner issues building permits upon a finding that the location of the proposed building or structure complies with this UDO, and the structure complies with the building code. No permit shall be issued for any work or project until an application has been submitted in accordance with the provisions of this UDO, showing that the construction proposed is and/or will be in compliance with the provisions of this UDO and with the Building Code(s).
3. A record of all building permits shall be kept in the office of the Building Commissioner, and copies of the permits shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
4. For many activities, a Site Permit will be required before the Building Permit can be issued. The Site Review Committee may, as a condition to the issuance of any building permit, require a site review and Site Permit for any proposed development that meets any one of the following conditions:
   1. More than one principal structure is scheduled for development on any parcel; or
   2. Any structure (except a single family dwelling) is scheduled for development, redevelopment, or expansion; or
   3. Change of use of any part of an existing building in any zone is planned; or
   4. The lot is being divided into two or more lots; or
   5. The application is for any other development or redevelopment which the Site Review Committee finds presents special problems.

1. Façade Improvement Permits are only required within special overlay districts. They are intended to ensure compliance with overlay district design standards. A Façade Improvement Permit is required before the issuance of a building permit for the improvement, construction, repair or substantial maintenance of any building façade visible from a public right-of-way, or before the commencement of an improvement if no building permit is required (e.g., painting the building a different color).

2. By way of example and not limitation, development activities that require a Façade Improvement Permit include, but are not limited to:

   1. Installation of any siding or any change in building materials on an existing building façade;
   2. Any replacement of doors or windows regardless of existing size, shape or type;
   3. Painting or repainting any building façade a color that presently does not exist as the primary color of the existing façade;
   4. Alterations or cosmetic changes, repairs or maintenance that changes in any way the appearance of any façade visible from a public right-of-way.
3. A Façade Improvement Permit will not be required for cleaning, repainting of a façade the same color as its existing condition, or maintenance that does not affect the appearance of the facade.
4. The Planning Director issues Facade Improvement Permits in conjunction with Zoning Clearance Permits.
5. The issuance of a Façade Improvement Permit does not constitute issuance of a building permit. Any improvement that requires a building permit shall not commence until the building permit is issued.

1. A Certificate of Occupancy is required prior to the use of any land, building or structure for which a Building Permit is (or was) required. The Certificate of Occupancy certifies that the completed project complies with the provisions of this UDO and all other pertinent ordinances.
2. It shall be unlawful to occupy any building or structure unless a full, partial, or temporary Certificate of Occupancy has been issued by the building Commissioner, as follows:
   1. Certificates of Occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, comply with the provisions of this UDO (including landscaping requirements) and all other pertinent ordinances. A temporary certificate of occupancy may be issued if weather does not permit installation of landscaping.
   2. The Building Commissioner may issue a temporary Certificate of Occupancy, provided that:
      1. The temporary Certificate of Occupancy may be issued only after the building or structure is fully completed and ready for occupancy; and
      2. The building, structure and/or lot is in conformity with the provisions of this UDO, the Building Code and all other pertinent ordinances.
   3. The Building Commissioner may issue a partial Certificate of Occupancy for part of a building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building, structure, or lot are in conformity with the provisions of this UDO, the Building Code and all other pertinent ordinances. However, Partial Certificates of Occupancy shall not be issued on single-family dwellings, duplexes, or twin homes.
3. A record of all Certificates of Occupancy shall be kept in the office of the Building Commissioner, and copies of such Certificates of Occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
4. Accessory buildings or structures to dwellings shall not require a separate Certificate of Occupancy, but rather may be included in the Certificate of Occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.
5. The Building Commissioner issues Certificates of Occupancy. No Certificate of Occupancy for any building or structure, erected, altered or repaired after the adoption of this UDO shall be issued unless such building or structure was erected, altered or repaired in compliance with the provisions of this UDO and the Building Code.
6. If the Building Commissioner refuses a Certificate of Occupancy for cause, the Building Commissioner shall notify the applicant of the refusal and the cause.
7. The issuance of a final inspection “green tag” (inspection card) does not constitute issuance of a Certificate of Occupancy.

1. A sign permit is required before permanent signs are erected, altered, constructed, or relocated, except for signs that are expressly exempted from the permitting process. No person shall engage in any work requiring a permit without having the written permit in his possession at the job site.
2. The Building Commissioner issues the sign permit upon demonstration that the sign complies with the applicable standards of this UDO and the Building Code.

1. Temporary use certificates are required prior to the temporary use of land for uses designated as "Temporary Uses" in Table 2.201.B., Nonresidential Uses.
2. The Planning Director issues the temporary use certificate upon demonstration that the temporary use will comply with the applicable provisions of this UDO.

1. Limited Use permits are required prior to the establishment of a limited use.
2. The Planning Director issues the Limited Use permit upon demonstration that the proposed use will comply with the applicable requirements of Division 2.500, Limited and Special Use Standards.

1. Master plan approvals are required prior to development within the CA district, and may be used in the CP district. Once a master plan is approved, site review is required for all development pursuant to the master plan.
2. The Planning Director approves, approves with conditions, or denies Master Plans, and shall consult the City's other professional staff for comments and recommendations.

1. A rezoning is a change to the Official Zoning Map.
2. Rezonings are approved by the City Common Council after recommendation of the Plan Commission.

1. A variance from use is a variance from the terms of Division 2.200, Uses by District.
2. Variances from use are approved by the Board of Zoning Appeals, except that within the Eastgate Overlay District they are approved by the Hearing Officer.

1. A variance from development standards is a variance from any standard of this UDO other than in Division 2.200, Uses by District.
2. Variances from development standards are approved by the Board of Zoning Appeals, except that within the Eastgate Overlay District they are approved by the Hearing Officer.

1. A special use is a use that requires additional scrutiny and additional standards to ensure that it will be compatible with its context.
2. Special uses are approved by the Board of Zoning Appeals, except that within the Eastgate Overlay District they are approved by the Hearing Officer.

1. A Planned Unit Development Ordinance is a zoning ordinance that does the following:
   1. Designates a parcel of real property as a planned unit development district.
   2. Specifies uses or a range of uses permitted in the planned unit development district.
   3. Specifies development requirements in the planned unit development district.
   4. Specifies the plan documentation and supporting information that may be required.
   5. Specifies any limitation applicable to a planned unit development district.
   6. Meets the requirements of IC 36-7-4-1500 et seq., 1500 Series, Planned Unit Development.
2. A Planned Unit Development ordinance is the exclusive means for exercising zoning control over planned unit development.
3. Planned Unit Development ordinances are adopted by the City Common Council after recommendation of the Plan Commission.

1. Primary plat approval is the first of two steps of plat approval. It is intended to ensure that the plat will comply with the requirements of this UDO, the Standards Manual, and other applicable regulations.
2. The Plat Committee approves primary minor plats as provided in Section 15.801, Types of Plats.
3. The Plan Commission approves primary plats as provided in Section 15.801, Types of Plats.

1. Secondary plat approval is the second of two steps of plat approval. It is intended to ensure that the recorded plat is consistent with the approved primary plat.
2. The Plan Commission and the Board of Public Works and Safety approves secondary plats, or delegates approval authority, as provided in Section 15.805, Secondary Plat Approval Procedures.

1. Floodplain deviations are intended to allow relief from the requirements of Division 4.500, Floodplain and Wetland Standards in hardship cases.
2. Floodplain deviations are granted by the Board of Public Works and Safety.

1. For contractors who regularly do work within the City on this or other types of projects may file a continuous surety bond with the City to cover the requirements of this section. Renewal notices shall be issued annually. Unless provided otherwise this same bond may be used to cover other City projects.
2. If a contractor maintains a performance bond recorded with Porter County and said bond includes all cities, towns and municipalities within the county under the coverage, the City will accept a copy of that bond in lieu of separate surety to the City. However, renewals, continuation certificates, and notices of cancelations must be directed to the City of Valparaiso by the bonding agency.

1. Administrative approvals are granted by City Staff, as follows:
   1. Site Permit: City Engineer
   2. Building Permit: Building Commissioner
   3. Facade Improvement Permit: Planning Director
   4. Certificate of Occupancy or Compliance: Building Commissioner
   5. Floodplain Permit: Floodplain Administrator
   6. Conceptual Drainage Plan: City Engineer
2. The general procedure for administrative approvals that are described elsewhere in this Article is set out in Figure 15.301.A., Administrative Approvals.

1. The responsible official is authorized to establish a regular schedule for pre-application conferences, provided that:
   1. The schedule is posted at City Hall and on the City's worldwide web site; and
   2. The schedule provides for pre-application conferences to take place at least one day per week.
2. The responsible official may allow pre-application conferences to be conducted by telephone.

1. The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
   1. The location of the project;
   2. The proposed uses (in general terms);
   3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
   4. The relationship to existing development; and
   5. Any other conditions or items that the applicant believes are relevant to the processing of the application.
2. The responsible official may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.

1. The applicant shall submit copies of a site plan of the proposed development in a number determined by the Planning Director not less than seven days prior to the site review meeting.
2. The applicant shall schedule a site review meeting with the Site Review Committee not less than seven days in advance. The applicant or authorized representative must be present at the meeting.
3. The Site Review Committee shall evaluate the proposed site plan according to the standards of this UDO and any other municipal ordinances that may apply, and shall provide the applicant with verbal comments, followed by minutes of the site review meeting and any requests for additional information that will be needed to fully evaluate the proposal.
4. When site review is complete, the submitted site plan, site review minutes, and information requests shall become a part of the project file, and shall be distributed to subsequent decision-makers.

Effect of Site Review.

1. Site review is advisory, and does not constitute a development approval. However, completion of the site review process may be a prerequisite to administrative permits and discretionary approvals.

2. If the approval sought by the applicant for site review (e.g., building permit, site permit, use variance, subdivision, PUD, etc.) is not granted within one year of completion of site review, then additional site review is required unless the Planning Director finds that:

   1. There have been no changes in applicable ordinances, including this UDO;
   2. There have been no changes in the character of the parcel proposed for development and its immediate environs; and
   3. The applicant has diligently pursued approval of the application to which the site plan relates, and has been delayed through no fault of the applicant.
3. It is required by the Site Review Committee that once a site plan has been successfully reviewed, it will be built according to the plan as presented and/or amended by site review; or the developer shall request an additional review to discuss major changes to the site plan.

4. No permits shall be issued after a favorable site review until all required easements, rights-of-way, plats, deed restrictions, or other required legal documents have been provided to the City Engineer in a form suitable for recording.

Minutes.

1. The Site Review Committee shall appoint a secretary to take minutes of the meetings and distribute them to all participants.
2. The minutes shall indicate:
   1. If a proposed site plan meets all City regulations, if adjustments will be required, or if additional information is needed before approvals can be granted and permits issued;
   2. All permits that will be required for the proposed development (by checklist).
   3. Whether additional site review is required after requested additional information is submitted.

3. If the site plan is part of a project that will be reviewed by the Plan Commission and/or the Board of Zoning Appeals, copies of the minutes shall be distributed to members of those boards.

1. The requirements of this section shall apply to:
   1. projects that require subdivision approval;
   2. projects that require planned unit development approval;
   3. projects that require development plan approval;
   4. mixed-use projects;
   5. multifamily projects; and
   6. non-residential projects.
2. Landscape plans shall be submitted to the Site Review Committee (see Section 15.303, Site Review). During initial site review for projects requiring a landscape plan, a site plan shall be submitted to the Site Review Committee which depicts the general location of any existing tree canopy in relation to existing and proposed site improvements.
3. Landscape plans submitted to the Site Review Committee shall be forwarded for approval to Valparaiso Park Department horticulturist or designated agent. Changes to an approved Landscape Plan, which reduce the number of trees to be planted and/or remove additional non-exempt trees of 10-inch DBH, shall require the review and approval from the Valparaiso Department of Parks and Recreation.

1. Landscape plans shall be drawn to scale of not less than 1 inch = 50 feet, or as an overlay on a topographical survey. 
2. Landscape plans shall contain the following criteria or information estimated as close as possible:
   1. The location of existing and proposed structures;
   2. The location of parking lots, drives, roadways, right-of-ways, and sidewalks;
   3. The elevations and locations of all fences, bridges, retaining walls or other similar details; 
   4. The number, species, and general location of all non-exempt trees of 10-inch DBH or greater to be removed.
   5. Lot coverage calculations before and after site (re)development. 
   6. The DBH, general location, species of all trees and plant material to be planted after site (re)development.
3. Residential subdivisions and Planned Unit Developments shall be required to show for subsections C.2.d. and C.2.g., above, trees and plant material within public property, common areas, open space and or recreation areas. 
4. The Landscape plan shall contain a summary of the covenants and restrictions that pertain to Article 10, Landscaping.
5. The Landscape plan shall contain a statement of the methods by which the applicant will satisfy the requirements of this Article throughout site (re)development. 
6. Landscape plans shall show how the developer intends to work with the natural features of the property, with special concern being given to the preservation of mature trees and those trees on the Priority Tree List during site (re)development. 
7. Landscape plans shall specify the planned impact of proposed improvements and development (overhead lines, roadways, berms, parking areas, etc.) upon the property.

1. The responsible official shall promulgate and periodically revise forms for each type of application required by this UDO.
2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
   1. The evaluation of applications for compliance with the standards of this UDO; and
   2. The administration of this UDO.

1. The schedule is posted at City Hall and on the City's worldwide web site; and
2. The schedule provides for applications to be submitted:
   1. At least once per week for applications listed in Section 15.202, Administrative Permits, except site permits and building permits, which shall not be limited to certain days.
   2. At least twice per month for applications listed in Section 15.203, Discretionary Approvals.
3. The schedule does not restrict the timing of notices of appeal.

1. Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted to complete the application.
2. No application that does not include the applicable processing fee shall be considered complete.

1. If the application is for an administrative permit, shall approve, approve with conditions, or deny the application.
2. If the application is for a discretionary approval, shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval.

1. If the application is for a discretionary approval, the responsible official shall set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice.
2. The responsible official shall coordinate with decision-making bodies to fix reasonable times for hearings.

1. The responsible official shall cause any required public hearings to be noticed according to the requirements of the Indiana Code.
2. In addition to the statutory requirements, some application types require mail notice to surrounding property owners.
3. Table 15.309, Notice, sets out the types of public notice that are required for each type of development approval.

1. The Plan Commission and City Common Council each require two meetings, as follows:
   1. During the first meeting, an introduction and public hearing shall be held on the application;
   2. During the second meeting, which shall be scheduled for the next regular meeting of the body, the body shall take official action on the application.
2. The Plan Commission or City Common Council may waive the two meeting requirement and take official action on an application during the same meeting in which it is introduced and heard if it finds that there are unusual circumstances that justify departure from the requirement. Action to suspend rules of procedure requires unanimous approval by all council members present.

1. The owner of the parcel proposed for development;
2. Subsequent owners of the parcel proposed for development; and
3. Any person who acquires an interest in the parcel proposed for development.

1. A summary of proposed written commitments, if any, may be submitted with an application for approval of a rezoning, planned unit development ordinance, master plan, special use, or variance; or
2. Written commitments suggested by a recommending body during a public hearing shall be provided to the City at least fourteen days prior to the meeting of that body in which a vote is taken on the application.

1. Written commitments may be modified or terminated by the body specified in subsection K., L., or M., when:
   1. They are moot;
   2. Their purpose is frustrated or their completion is impossible, and a modification would better and more efficiently serve the original purpose;
   3. They are no longer necessary due to changed conditions; or
   4. The approval to which they relate is voluntarily abandoned and no construction has commenced.
2. Written commitments automatically terminate if, after the approval to which they relate and under a separate application unrelated to the one in which the written commitments were offered:
   1. The zone map applicable to the parcel proposed for development is changed; or
   2. The parcel proposed for development is designated as a planned unit development district.

1. Subsections A. through J. shall apply to written commitments attached to rezonings and planned unit development ordinances.
2. The City Common Council may permit or require written commitments as a condition of rezoning or planned unit development ordinance approval in order to ensure:
   1. Compliance with the conditions of the approval;
   2. The provision of adequate public infrastructure;
   3. The mitigation of offsite impacts created by the proposed development;
   4. The protection of natural resources;
   5. The protection of adjacent uses from potentially incompatible uses;
   6. The protection of the functional integrity of public infrastructure; or
   7. The protection of community character.
3. The City Common Council may modify or terminate written commitments after duly noticed public hearing.

1. Subsections A. through J. shall apply to written commitments attached to master plans, unless the Plan Commission adopts alternative rules:
   1. Governing the creation, form, recording, modification, enforcement, and termination of commitments; and
   2. Designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
2. A written commitment made pursuant to this subsection may be modified or terminated only by the Plan Commission after duly noticed public hearing.

1. Subsections A. through J. shall apply to written commitments attached to master plans, unless the Board of Zoning Appeals adopts alternative rules:
   1. Governing the creation, form, recording, modification, enforcement, and termination of commitments; and
   2. Designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
2. Written commitments for special uses and variances, even if originally approved by the Hearing Officer, may be modified or terminated only by the Board of Zoning Appeals.
3. Conditions imposed on the granting of a special use or variance are not subject to the rules applicable to written commitments. By permitting or requiring written commitments, the Board of Zoning Appeals does not obligate itself to approve or deny any request.

1. Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 15.312, Time Limitations and Extensions, if either of the following occur:
   1. A building permit or site permit has not been issued to establish the use authorized in the approval.
   2. The use does not require a building permit and is not established, ongoing, and in operation.
2. Although a permit may expire, nothing in subsection C.1. abrogates the right to a seek a new permit that may be conferred by IC 36-7-4-1109.
3. Owner-builder permits shall expire upon change of ownership, unless they are transferred within five days of closing.
4. Any approval not listed shall not expire. Such approvals shall continue in force until superseded by an amendment to this UDO, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

1. Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this Section shall result in the approval's expiration as provided above.
2. This subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the Building Commissioner.

1. An application for development approval, including district boundary changes, but not including building permits, shall be summarily denied if the responsible official determines that it is substantially similar to an application that:
   1. Sought development approval for the same property; and
   2. Was denied during the 12 months prior to the submittal of the application for development approval.
2. An application for vacation of right-of-way shall be summarily denied if the responsible official determines that it is substantially similar to an application that:
   1. Affected the same property;
   2. Asked for the same relief; and
   3. Was denied during the two years prior to the submittal of the application for development approval.

1. In the districts specified in subsection A., the Planning Director shall:
   1. Approve, approve with conditions, or disapprove development plans pursuant to the standards of this UDO and the applicable procedures of this Article; and
   2. Ensure that any development plan approved under this Article is consistent with the comprehensive plan.
2. The Planning Director may do the following:
   1. Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in this UDO for approval of the development plan.
   2. Provide that approval of a development plan is conditioned on the furnishing to the Plan Commission of a bond or written assurance that:
      1. Guarantees the timely completion of a proposed public improvement in the proposed development; and
      2. Is satisfactory to the Plan Commission.
   3. Permit or require the owner of real property to make a written commitment pursuant to Section 15.311, Written Commitments.
   4. Require submission, review, and approval by the City Engineer of a conceptual drainage plan, as set out in Sec. 15.305, Stormwater Management Plans and Permitting Procedures.

1. The layout of the site and general location, configuration, height and floor area of all buildings.
2. The location of parking areas and open space.
3. The proposed uses of buildings and land areas.
4. The intensity of uses in the development.
5. The location and dimensions of landscape buffers.
6. The location and character of:
   1. Existing primary structures and accessory structures.
   2. Existing and proposed utilities.
   3. Existing landscaping to be retained and proposed landscaping to be installed.
7. Vehicular and pedestrian circulation systems within the site, and connections to off-site systems.
8. The condition and size of public thoroughfares and parking, vehicular, and pedestrian facilities.
9. The location and capacity of drainage facilities and sewer systems serving the development.
10. Project phasing.
11. All items required for a primary subdivision plat pursuant to Section 15.802, Primary Plat Applications.

1. Natural site amenities shall be preserved, and disturbance of the natural environment shall be minimized, whenever possible.
2. Natural resources shall be protected during construction.

1. Consider the City's "Standards for Municipal Improvements" regarding the number and placement of infrastructure.
2. Consider the City's official Thoroughfare Plan regarding improvements of existing and/or construction of additional vehicular and/or pedestrian improvements.
3. Drainage plans shall be considered in the context of the entire watershed, and shall be phased to protect the development and the neighborhood. Drainage plans shall be in accordance with the requirements, standards, and procedures set out in Sec. 15.305, Stormwater Management Plans and Permitting Procedures.

1. Encourage recreational space development whenever a minimum of 20 housing units are proposed. The recreational space shall be located in a safe part of the development.
2. Maintenance of recreational and non-recreational space, and all infrastructure shall be specified and documented.

1. Buffers are appropriate to mitigate the impacts of campus uses on abutting development; however, buffer yards are only required along district boundaries within 200 feet of the construction area. The Plan Commission may waive the buffer requirement if the impact of the bufferyard would be negligible due to the width or area of the bufferyard.
2. The master plan is consistent with the City's Comprehensive Plan.

1. The master plan is designed in a manner that provides for safe vehicular flow at points of access and within the development.
2. That the design and location of proposed street and highway access points minimize safety hazards and congestion.
3. That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.
4. That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

1. The purpose of this Division is to:
   1. Implement IC 36-7-4-1500, 1500 Series, Planned Unit Development.

   2. Provide land use and design regulations through the use of performance criteria so that small-to-large scale neighborhoods or portions thereof, may be developed with a variety of residential types and non-residential uses, which are planned and developed as a unit.

   3. Encourage innovations so that the growing demands for housing may be met by greater variety of type, design, and siting of dwellings by the conservation and more efficient use of land. This article also encourages the conservation and more efficient use of the land for non-residential development.

   4. When an area is so designated, the use and dimensional specifications elsewhere in the Zoning Ordinance are replaced by an approval process in which an approved development plan as allowed in IC 36-7-4-1500, et seq. becomes the basis for continuing land use control.

2. PUD is not the same as "planned development," which is an alternative flexible option in which a variety of lot sizes, bulk requirements, or housing types are permitted as of right.

1. "PUD district ordinance" means a zoning ordinance that does the following:
   1. Designates a parcel of real property as a planned unit development district.
   2. Specifies uses or a range of uses permitted in the planned unit development district.
   3. Specifies development requirements in the planned unit development district.
   4. Specifies the plan documentation and supporting information that may be required.
   5. Specifies any limitation applicable to a planned unit development district.
   6. Meets the requirements of this Division.
2. A PUD district ordinance includes:
   1. Text that describes the parameters of the proposed planned unit development (e.g., density, intensity, setbacks, lot sizes, uses, etc.); and
   2. One or more maps that show how the regulations apply.

1. A planned unit development is allowed only for real property zoned to be a planned unit development district.
2. A planned unit development district is established by the adoption of a PUD district ordinance.

1. Ordinance text that expresses the development requirements for the planned unit development.
2. A development plan as specified in Section 15.503, Development Plan Required.

1. A concept plan of the planned unit development that shows:
   1. The entire parcel of land, drawn to scale;
   2. General indication of densities and uses by location;
   3. Infrastructure locations; and
   4. Common and public open space.
2. Development schedule, indicating approximate dates when construction will commence and terminate.
3. Number of structures, parcel size of each lot, percent of lot coverage for each lot, and for the entire parcel.
4. Tabulation of gross densities and intensities for each use category (e.g., residential, commercial, industrial).
5. Types of buildings proposed, including general statements and/or sketches of exterior finishes and colors.
6. Statement identifying the intended means of assuring permanency, continuance, and maintenance of all open/recreational space to be dedicated for use by residents of the development and/or the general public. If the Parks and Recreation Department is a partner in the development, copies of all agreements shall be attached to the Development Plan.
7. Proposed restrictive covenants.
8. Legal description of the entire parcel.
9. Statements or attachments indicating that the Waste Water Treatment Plant and collection system, and the Water Department have capacity available for this development.
10. Approved Site Plan and minutes of Site Review meeting.
11. General statements on the preservation of any unique environmental areas, or concerns of the parcel such as wetlands, flood plains, etc. All environmental areas shall be delineated on the approved site plan.
12. General statements on environmental considerations for the placement of all infrastructure, open space, recreational areas, underground services, paved areas, and finished grade levels. These statements should also include all considerations given for these environmental areas during construction.
13. General statements regarding the number and placement of all driveways, streets, alleys, and sidewalks including the widths and lengths of all acceleration and deceleration lanes. Parking facilities and access drives shall comply with Article 9, Parking, Loading, Access, and Lighting.
14. Recognition of all right-of-ways and easements with reference to the approved site plan.
15. General statements on the number and placement of street lighting if the development is a PUD or subdivision.
16. The approved storm drainage plan shall be an attachment to all Development Plans. The approved drainage plan shall indicate the watershed the development is in. Drainage plans shall be in accordance with Article 7, Stormwater Management, and the procedures set out in Sec. 15.305, Stormwater Management Plans and Permitting Procedures.
17. Approved soil erosion control plan.
18. Approved landscape plan.
19. Other related data which may be reasonably required by the Site Review Committee.

1. Impose reasonable conditions;
2. Condition issuance of a site permit or zoning clearance on the furnishing of a bond or a satisfactorily written assurance that guarantees the timely completion of a proposed public improvement in the planned unit development or serving the planned unit development; or
3. Allow or require an owner of real property to make a written commitment.

1. Impose reasonable conditions;
2. Condition issuance of a site permit or zoning clearance on the furnishing of a bond or a satisfactorily written assurance that guarantees the timely completion of a proposed public improvement in the planned unit development or serving the planned unit development; or
3. Allow or require an owner of real property to make a written commitment.

1. The requirements would cause unnecessary hardship or practical difficulties because of exceptional and unique topography, access, location, shape, size, drainage or other physical features of the site; or
2. Due to the size, shape location, permitted use, or uniqueness of the development a deviation would constitute better planning than could be achieved through strict compliance, and such deviation would not adversely affect the public health, safety morals or welfare, or the rights, property values, or peace of adjacent property owners.

1. The Planning Director is delegated the authority to approve an application to modify a PUD district ordinance if it is demonstrated that the proposed modification will result in substantial adherence to the previous PUD district ordinance, as demonstrated by the following:
   1. Development density and intensity have not materially changed, in that:
      1. The number of buildings is not increased by more than 10 percent.
      2. The height of the building(s) is the same or less.
      3. The number of units is the same or fewer.
      4. The aggregate lot coverage and floor area ratio are the same or less.
      5. Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area ratio is not changed.
   2. Design has not materially changed, in that:
      1. The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans.
      2. The parking area is in the same general location and configuration.
      3. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for detached single family development, lot line, townhouse and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be the greater of either:
         1. The underlying zoning district regulations, or
         2. Any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought.
      4. The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect.
      5. The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved.
      6. Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans.
      7. Recreational facilities either remain the same or are converted from one recreational use to another.
      8. Recreational facilities may be added.
   3. The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the UDO that were not previously approved at public hearing, or of expanding the scope of existing variances or other approvals such that they would differ to a greater degree from the strict application of the UDO.
2. The Planning Director, in his or her discretion, may refer any application for modification under the Planning Director's jurisdiction to the Plan Commission for review and decision.

1. A minor modification is any change to the PUD district ordinance that is not an administrative modification, a major modification, or a major conceptual modification. Minor modifications do not alter the concept or intent of the PUD district ordinance (including the maps).
2. The Plan Commission is authorized to approve minor modifications without public hearing.

Major Modifications.

1. A major modification is any change which alters the concept, uses or intent of the PUD district ordinance, including:
   1. Increase in density;
   2. Increase in height of buildings;
   3. Reduction of open space;
   4. Changes in sequence of development;
   5. Changes in street standards;
   6. Changes in covenants; or
   7. The approved maps in the PUD district ordinance.
2. The Plan Commission is authorized to approve major modifications after duly noticed public hearing.

Major Conceptual Modifications. At any time after City Common Council approval of a PUD district ordinance, no major conceptual change may be made without the approval of both the Plan Commission and the City Common Council. A major conceptual change is defined as any of the following:

1. The land area covered by the PUD is changed;
2. A use previously not permitted is added;
3. Ten percent or more of the land area of the PUD is shifted from one use, density, or intensity classification to another, net of any compensating changes;
4. Within any residential use classification, the density of the use (as measured by living units) is increased by ten percent or more;
5. Any other specific type of change which the City Common Council specifies at the time it approves the PUD district ordinance; or
6. Any other change which so modifies the intent or concept of the PUD that the Plan Commission determines that the City Common Council should take action on the change.

1. The proposal may be initiated by:
   1. The Plan Commission;
   2. A petition signed by property owners who own at least 50 percent of the land involved; or
   3. The City Common Council, which shall direct the Plan Commission to prepare the proposed district boundary change.
2. If the proposal is not initiated by the Plan Commission, it must be referred to the Plan Commission for consideration and recommendation before any final action is taken by the City Common Council.
3. The Plan Commission and the City Common Council must both comply with Section 15.602, Criteria for Text and Map Amendments.
4. On receiving or initiating a proposal, the Plan Commission shall, within 60 days, give notice and hold a public hearing as follows.
   1. The Plan Commission shall give notice of the hearing by publication pursuant to Section 15.309, Notice. The notice must state:
      1. The time and place of the hearing;
      2. The geographic areas (or zoning districts in a specified geographic area) to which the proposal applies;
      3. A summary (which the Plan Commission shall have prepared) of the subject matter contained in the proposal (not the entire text) that describes any new or changed provisions;
      4. If the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions;
      5. The place where a copy of the proposal is on file for examination before the hearing;
      6. That written objections to the proposal that are filed with the secretary of the Plan Commission before the hearing will be considered;
      7. That oral comments concerning the proposal will be heard; and
      8. That the hearing may be continued from time to time as may be found necessary.
   2. The Plan Commission shall also provide for due notice to interested parties at least 10 days before the date set for the hearing. The commission shall by rule determine who are interested parties, how notice is to be given to interested parties, and who is required to give that notice. However, if the subject matter of the proposal abuts or includes a county line (or a county line street or road or county line body of water), then all owners of real property to a depth of two ownerships or one-eighth of a mile into the adjacent county, whichever is less, are interested parties who must receive notice under this subsection.
   3. The hearing must be held by the Plan Commission at the place stated in the notice. The Plan Commission shall adopt rules governing the conduct of hearings under this section.
5. Within 10 business days after the Plan Commission determines its recommendation (if any), the Plan Commission shall certify the proposal to the City Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
6. The City Common Council must consider and vote on the proposal within 90 days after the Plan Commission certifies it, at a meeting noticed pursuant to IC 5-14-1.5-5, Public Notice of Meetings, as follows:
   1. If the proposal received a favorable recommendation from the Plan Commission:
      1. The City Common Council may adopt or reject the proposal.
         1. If the City Common Council adopts (as certified) the proposal, it takes effect as other City ordinances.
         2. If the City Common Council rejects the proposal, it is defeated.
      2. If the City Common Council fails to act on the proposal within 90 days after certification, the ordinance takes effect as if it had been adopted (as certified) 90 days after certification.
   2. If the proposal received either no recommendation or an unfavorable recommendation from the Plan Commission:
      1. The City Common Council may adopt or reject the proposal.
         1. If the legislative body adopts (as certified) the proposal, it takes effect as other City ordinances.
         2. If the legislative body rejects the proposal, it is defeated.
      2. If the legislative body fails to act on the proposal within 90 days after certification, it is defeated.

1. If the proposal is adopted, the Plan Commission must promptly update the zone maps that are on file for public inspection at its offices.
2. The Plan Commission shall publish a notice of adoption in accordance with IC 5-3-1, Publication Procedures. The notice of adoption (which the Plan Commission shall have prepared) must:
   1. Summarize the subject matter of the ordinance;
   2. Give the date of adoption;
   3. Specify the places or areas that would be directly affected by the ordinance (this subdivision does not require the identification of any real property by metes and bounds);
   4. Specify the penalty or forfeiture prescribed for a violation of the ordinance; and
   5. Give two locations open to the public where the entire text of the ordinance is available for inspection.
3. Unless the map amendment ordinance provides for a later effective date, the ordinance takes effect when it is adopted.

1. Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;
2. Lessening or avoiding congestion in public ways;
3. Promoting the public health, safety, comfort, morals, convenience, and general welfare; and
4. Otherwise accomplishing the purposes of IC 36-7-4, Local Planning and Zoning.

1. The comprehensive plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction; and
5. Responsible development and growth.

1. The Planning Director may file a written objection to a petition or an application for a variance or special use to be considered by the Hearing Officer if: 
   1. It would be injurious to the public health, safety, morals, and general welfare of the community; or
   2. The use or value of the area adjacent to the property included would be affected in a substantially adverse manner. 
2. If a written objection is filed under subsection A.1., the application shall:
   1. Be considered withdrawn; or
   2. Be transferred to the Board of Zoning Appeals if requested by the applicant.
3. The Planning Director may indicate that he or she does not object to the approval of the variance or special use to be considered by the Hearing Officer if specified conditions are attached. If the applicant does not accept these conditions, the application shall: 
   1. Be considered withdrawn; or
   2. Be transferred to the Board of Zoning Appeals if requested by the petitioner or applicant.

1. Be considered withdrawn; or
2. Be transferred to the Board of Zoning Appeals if requested by the applicant.

1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
3. The strict application of the terms of the UDO will result in practical difficulties in the use of the property.

1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
3. The need for the variance arises from some condition peculiar to the property involved;
4. The strict application of the terms of the UDO will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
5. The approval does not interfere substantially with the City's adopted Comprehensive Plan.

1. The danger of life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. The importance of the services provided by the proposed facility to the community;
4. The necessity to the facility of a waterfront location, where applicable;
5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
6. The compatibility of the proposed use with existing and anticipated development;
7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
9. The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site; and
10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

1. Variances shall only be issued when there is:
   1. A showing of good and sufficient cause;
   2. A determination that failure to grant the variance would result in exceptional hardship; and
   3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
2. No variance for a residential use within a floodway subject to Sec.  4.503(E) and (G)(1, of this UDO may be granted.
3. Any variance granted in a floodway subject to Sec.  4.503(E) and (G)(1) , of this UDO will require a permit from the Indiana Department of Natural Resources.
4. Variances to the provisions for Flood Hazard Reduction of Sec.  4.503(B), may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.
7. Any application to which a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (See division (E) of this section).
8. The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (See division (E) of this section).

1. The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
3. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community's biennial report submission to the Federal Emergency Management Agency.

1. The special use will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory;
2. There is no practicable alternative location where the use is permitted as-of-right within one-quarter mile of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of providing a needed community service to a population that has limited mobility;
3. The approval of the special use will not create a critical mass of similar special uses that is likely to tend to discourage permitted uses by making the vicinity less desirable for them; and
4. The special use is conducted in a manner that is not materially more disruptive to adjacent properties than other permitted uses in the district unless the special use is temporary and the duration of the use is limited to minimize the impact. Conditions of approval may be attached to the special use to ensure that this requirement is satisfied

1. Generally: 8:00 AM to 9:00 PM
2. Places of Public Assembly; Special Events; Restaurants; and Adult Uses: 8:00 AM to 12:00 AM
3. Alcoholic Beverage Sales in CBD, CP, RT, and CA districts: 8:00 AM to 2:00 AM
4. Airports; Utilities, Community; Wireless Communications Facilities; and Bed and Breakfasts: No Restriction

1. Does not involve the opening of a new public way; and
2. Results in the creation of four lots or less; and 
3. Complies in with the requirements of this UDO.

Preparation of Plats.

1. The Primary and Secondary Plats for a proposed subdivision shall be prepared under the direction and responsibility of a professional land surveyor licensed under the laws of the State of Indiana. The plats shall conform to this UDO and the Standards Manual.
2. Where plans and specifications have been approved by the City and a conflict arises, the Standards Manual shall prevail, unless otherwise approved in writing by the City Engineer.

1. How the proposed subdivision relates to:

   1. The City's Master Drainage Plan.
   2. The Comprehensive Plan.
   3. The Official Intermodal Transportation Plan.
   4. School and recreational sites.
   5. Shopping centers.
   6. Community facilities.
   7. Sanitation.
   8. Streets and rights-of-way, adjoining the site of the proposed subdivision, showing the street names and including road-way widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, and tree plantings.
   9. Water supply, sewer, and drainage.
   10. Other development in the vicinity.
2. The location of the proposed subdivision by location map that shows:
   1. The proposed subdivision's name and location.
   2. Tract boundary lines showing dimensions, bearings, angles, and references to section, township and range lines or corners.
   3. Any thoroughfares that relate to the subdivision.
   4. Existing elementary schools, high schools, parks, and playgrounds that serve the area of the proposed subdivision.
3. The layout of the subdivision, including:
   1. Layout of lots, showing scaled dimensions.
   2. Building lines.
   3. Easement locations, widths and purposes.
   4. Streets and rights-of-way, showing the street names and including road-way widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, and tree plantings.
   5. Water supply, sewer, and drainage.
   6. The type, location and approximate size of capacity of improvements to be installed.
   7. Parcels of land, proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public, or community purposes.
4. Conceptual Drainage Plan. Refer to Sec. 15.305, Stormwater Management Plans and Permitting Procedures.
5. Additional documentation, including:
   1. The scale of the drawing, including a scale bar.
   2. North arrow.
   3. Date of last revision.
   4. Standard legend and notes.
   5. A soil map with interpretations for the planned uses.
   6. Contours at vertical intervals of two feet if the general slope of the site is less than 10 percent and at vertical intervals of five feet if the general slope is greater than 10 percent. The topography shall extend beyond the boundary of the applicant's site a distance sufficient to show the slope and character of the lands adjacent, but in no case less than 50 feet.
   7. A water management plan that shows how conservation measures will adequately handle surface and sub-surface drainage, both on-site and off-site.
   8. Ground water levels stated in depth to water table and a general description of the surface and subsurface drainage systems to an approved outlet.
   9. A description of proposed protective covenants and restrictions that will apply to the subdivision.
   10. Names and addresses of the owner of record, the subdivider, the land planning consultant, and the professional Land Surveyor who prepared the plan.
   11. Other features or conditions which would affect the subdivision favorably or adversely.

1. Within 30 days after receipt of a complete application, the Planning Director shall announce the date for a hearing before the Plan Commission or Plat Committee, and provide for notice in accordance with subsection C.2., below, unless the application is not subject to notice as provided in subsection C.3., below.
2. After the Planning Director has announced a date for a hearing before the Plan Commission or Plat Committee, it shall:
   1. Notify the applicant in writing;
   2. Give notice of the hearing by publication in accordance with Section 15.309, Notice; and
   3. Provide for due notice to interested parties at least 10 days before the date set for the hearing.
3. Minor plats are not subject to advance public notice. Instead, within ten days after primary approval of a minor plat, the Planning Director shall provide for due notice to interested parties of their right to appeal to the Plan Commission. The notice shall be given in the manner set forth in Section 15.309, Notice.

1. The Plan Commission shall, by rule:
   1. Determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
   2. Prescribe procedures for setting hearing dates and for the conduct of hearings.
2. In the absence of promulgated rules:
   1. Interested parties are those who own property within 300 feet of the boundaries of the parcel proposed for development;
   2. Hearing dates shall be regular meetings of the Plan Commission; and
   3. Roberts Rules of Order, most recent edition, shall control procedure.

Hearing and Decision. This section applies to any subdivision of land, whether or not it is exempted from the notice and hearing requirements.

1. If, after the hearing, the Plan Commission or Plat Committee determines that the application and plat comply with the standards in this UDO, it shall make written findings and a decision granting primary approval to the plat. This decision must be signed by the chairperson of the Plan Commission or Plat Committee.

2. If, after the hearing, the Plan Commission or Plat Committee disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision must be signed by the chairperson of the Plan Commission or Plat Committee.

3. Primary approval or disapproval of a plat by the Plat Committee may be appealed only pursuant to Division 15.1100, Administrative Appeals.

1. Holder of title to the land as shown by the last entry in the books of the County Recorder.
2. The boundary lines of the subdivision tract with accurate distances and bearings and the exact location of all existing and recorded streets intersecting the boundary of the tract.
3. Angles of true bearings and distances to the nearest established street line or existing official monuments. 
4. An accurate metes and bounds description of the tract and its source of title as shown by records in the office of the County Recorder.
5. Street names approved by the City Engineering Office.
6. The length of all arcs and radii, center angles, internal angles, points of curvature and tangency, the length of all tangents, and the distance of nearest lot corners from points of curve and points of tangent.
7. All easements for rights-of-way for public services and utilities and any limitations on such easements.
8. Lot numbers and dimensions.
9. Location, type, materials and size of all monuments and lot markers.
10. The accurate outline of all property which is offered for dedication for public use with the purpose thereof indicated, and all property that may be reserved by deed covenant or restricted for the common use of property owners of the subdivision.
11. Building limitations due to soil conditions, and drainage.
12. Building line locations and dimensions.
13. Restrictions of all types which run with the land.
14. Name of subdivision.
15. Name and address of subdivider.
16. North point, scale and date.
17. Certification by a professional land surveyor registered to practice in the State of Indiana. 
18. House numbers.
19. Certificate of approval by the Commission
20. Certificate of approval by the Board of Public Works and Safety.
21. The acreage of each lot. 
22. Reference to the recordation of the boundary survey. 
23. Reference to the recordation of any Covenants and Restrictions and/or Property Owners Association documents.

1. The streets and other improvements required by this chapter are accepted by the City of Valparaiso Board of Public Works and Safety. Acceptance of said street and improvements is conditional and is based upon a two-year maintenance period, which commences with the formal date of said acceptance. A two-year maintenance bond, running to the City of Valparaiso Board of Public Works and Safety shall be written and accepted by the City of Valparaiso Board of Public Works and Safety at such time as the streets and improvements are accepted. The amount of the maintenance bond shall be one-fourth the estimated cost of the street and improvements and shall be approved by the City Engineer. At the end of the two-year period, all of the accepted improvements being in satisfactory condition, the maintenance bond shall be released by the City of Valparaiso Board of Public Works and Safety.
2. A performance bond running to the City of Valparaiso Board of Public Works and Safety is executed by the subdivider and approved by the City of Valparaiso Board of Public Works and Safety. Said performance bond shall be one hundred (100) percent of the estimated cost of all streets and improvements which this chapter requires and which are shown on the approved plans and specifications.  The amount of the bond shall be approved by the City Engineer based on costs, which are current in the trades for like items of construction and installation. All bonds shall be with a company licensed to do business in the State of Indiana. Performance bonds shall specify that all the improvements will be installed within a period of four (4) years.
3.  Acceptable negotiable securities, is posted with the City Clerk in lieu of the performance bond.
4. A combination of the above three (3) alternatives may be employed, provided all improvements are covered in the guarantees.

1. The Plan Commission may grant secondary approval of a plat under this section or may delegate to the Plat Committee or staff the authority to grant such secondary approvals.
2. Secondary approval may be granted after expiration of the time provided for appeal under Division 15.1100, Administrative Appeals.
3. No notice or public hearing is required for secondary approvals.
4. After the plat is approved, all signatures obtained and the plat has been recorded with the Porter County Recorder's office, a clear, reproducible mylar of the recorded plat shall be provided to the Office of City Engineer. A copy of the plat shall also be provided in electronic form. Building permits may not be issued until the plat is received by the Engineer.

1. The City Engineer shall review and approve the proposed cost of the improvements and the timing of completion before security may be given pursuant to this subsection.
2. The Board of Public Works and Safety shall review and approve the amount, form, and duration of the surety.
3. The City Attorney shall review all security instruments for legal form and legal sufficiency.
4. Generally, the choice of method is in the applicant's discretion. However, if the Board of Public Works and Safety finds that past activity of the applicant or its development team provides cause to require a certain type of security, then the type of security shall be decided by the Board of Public Works and Safety. If the applicant chooses to file security, then the plat shall not be approved for recording unless the subdivider has done one of the following:
   1. The applicant has filed with the City Engineer a bond executed by a surety company holding a license to do business in the State of Indiana, and acceptable to the City, in an amount equal to the cost of the improvements required by this Code.
   2. The applicant has filed an irrevocable letter of credit with the City Engineer. The letter shall:
      1. State the name of the subdivision; and
      2. List the improvements that the applicant will provide. A letter of credit form is provided in the Standards Manual.
5. The Board of Public Works and safety shall make the determination whether the terms of the surety have been met and/or whether or not the surety may be released or a default claimed.
6. Any money received from a default claimed on the surety for a development shall be used for improvements and installations and any other legal and/or administrative actions for which the surety was provided. This money may be used for these purposes after any appropriations required by law.

1. The owners of land in a plat may vacate all or part of that plat. Replats shall be accomplished by vacation of all or part of the existing plat and approval of a new plat for the vacated area.
2. Requirements.
   1. All the owners of land in the plat must declare the plat or part of the plat to be vacated in a written instrument, and that instrument must be executed, acknowledged, and recorded in the same manner as a deed to land.
   2. Before offering the instrument for recording under this Section, an owner must file a copy of the instrument in the Porter County auditor's office, and must submit the instrument vacating the plat for the approval of the Plan Commission
   3. The county recorder may record the instrument only if a certificate showing the approval of the vacation by the Plan Commission is attached to it. If the instrument is not executed and approved as required by this section, it is void.
3. An instrument recorded under this section terminates the effect of the plat or part of the plat declared to be vacated, and it also terminates all public rights in the public ways and public places described in the plat or part of the plat. However, a public way that has been improved, or that is part of an improved plat, may be vacated only in accordance with IC 36-7-3-12, Vacation of Public Way or Place; Petition; Notice; Hearing; Adoption of Ordinance; Appeals or with IC 36-7-4-712, Plat Committee; Exclusive Control Over Vacation of Plats or Public Ways; Rules; Public Interest; Appeals, whichever is applicable.

1. The owner of land in a plat may file with the Plan Commission a petition to vacate all or part of the plat pertaining to the land owned by the petitioner.
2. The petition must:
   1. State the reasons for and circumstances prompting the request;
   2. Specifically describe the property in the plat proposed to be vacated; and
   3. Give the name and address of each owner of land in the plat.
3. The petition may include a request to vacate any recorded covenants or commitments filed as part of the plat. The covenants or commitments are then also subject to vacation.
4. Within 30 days after receipt of a petition for vacation of a plat, the Planning Director shall announce the date for a hearing before the Plan Commission.
5. The Plan Commission shall, by rule, prescribe procedures for setting hearing dates, mailing written notice to each owner of land in the plat, and providing such other notice as may be required in accordance with Section 15.309, Notice. The petitioner shall pay all expenses of providing the notice required by this paragraph.
6. The Plan Commission shall, by rule, prescribe procedures for the conduct of the hearing, which must include a provision giving each owner of land in the plat an opportunity to comment on the petition.
7. The Plan Commission shall approve or deny the petition for vacation. The Plan Commission shall approve the petition for vacation of all or part of a plat only upon a determination that:
   1. Conditions in the platted area have changed so as to defeat the original purpose of the plat;
   2. It is in the public interest to vacate all or part of the plat; and
   3. The value of that part of the land in the plat not owned by the petitioner will not be diminished by vacation.
8. If, after the hearing, the Plan Commission determines that the plat or part of the plat should be vacated, it shall make written findings and a decision approving the petition. The plan commission may impose reasonable conditions as part of its approval. The decision must be signed by the chair of the Plan Commission. The Plan Commission shall furnish a copy of its decision to the county recorder for recording.
9. If, after the hearing, the Plan Commission disapproves the petition for vacation, it shall make written findings that set forth its reasons in a decision denying the petition and shall provide the petitioner with a copy. The decision must be signed by the chair of the Plan Commission.
10. The approval, disapproval, or imposition of a condition on the approval of the vacation of all or part of a plat is a final decision of the Plan Commission.

1. Persons who own or are interested in any lots or parts of lots, and want to vacate all or part of a public way or public place in the City that is in or contiguous to those lots or parts of lots, may file a petition for vacation with the City Common Council.
2. The petition must:
   1. State the circumstances of the case;
   2. Specifically describe the property proposed to be vacated; and
   3. Give the names and addresses of all owners of land that abuts the property proposed to be vacated.
3. The clerk of the Planning Commission and City Common Council shall give notice of the petition and of the time and place of the respective hearings of the two bodies in the manner prescribed in Section 15.309, Notice.
4. The Planning Commission shall hold a public hearing on the petition and make a recommendation to the Board of Public Works and Safety.
5. The Board of Public Works and Safety shall review the petition and the recommendation of the Planning Commission and make a recommendation to the City Common Council.
6. The City Common Council shall hold a hearing on the petition within 30 days after it is filed.
7. At the hearing, any person aggrieved by the proposed vacation may object to it only on the following grounds:
   1. The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous;
   2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient;
   3. The vacation would hinder the public's access to a church, school, or other public building or place; or
   4. The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.
8. After the hearing on the petition, the City Common Council may, by ordinance, vacate the public way or public place. The clerk of the City Common Council shall furnish a copy of each vacation ordinance to the County recorder for recording and to the County auditor.

1. If any platted land is vacated, the descriptions of the lots and parcels of that land shall be preserved as set forth in the plat, with the proportionate parts of vacated streets and alleys added as provided by law, unless all the owners of land in the vacated area consent in writing to the description of the area by:
   1. The method used before the plat was made;
   2. Metes and bounds; or
   3. Other appropriate description.
2. Notwithstanding subsection D.1., a vacated tract of five acres or more that is owned by one person, or jointly by two or more persons, need not be described by lot number and may be described by metes and bounds or some other method.

1. After all plats and documents have been recorded, any major amendments to the subdivision will require a public hearing and approval by the Plan Commission. Any minor amendments will require approval by the Plan Commission. Both major and minor approved amendments shall be recorded with the Porter County Recorder. All recorded documents and amendments shall be binding on applicants, their successors, grantees, and assigns, and shall limit and control the use of the subdivided land and location of structures.
2. Major amendment - any change that alters the concept, uses, or intent of the subdivision including increase in density, increase in height of buildings, reduction of open space, changes in sequence of development, changes in road/street standards, and/or changes in covenants and/or the approved Development Plan.
3. Minor amendment - any change that does not alter the concept or intent of the subdivision or the Development Plan and is not defined as a major amendment.

1. Situations with facts that are materially different from those presented for the interpretation; or
2. Provisions that were amended after the date of the interpretation.

1. Appeals are initiated upon filing of a petition pursuant to Section 15.1104, Initiation of Appeal.
2. If a decision is appealed by any person or entity other than the Applicant, then the petition and all supporting documentation shall be provided to the Applicant at the Petitioner's expense.
3. Upon initiation of an appeal, the administrative official, hearing officer, administrative board, or other body from whom the appeal is taken shall transmit all documents, plans, and papers constituting the record of the action from which an appeal was taken to the entity that will hear the appeal.

1. Public notice of an administrative appeal hearing shall be provided not less than 10 days before the hearing by:
   1. Publication in a qualified newspaper;
   2. Certified mail to property owners of record within 300 feet of the parcel that is the subject of the appeal; and
   3. Due notice to any other interested parties that were identified when the decision appealed was made.
2. The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties.

1. At the hearing, each interested party may appear in person, by agent, or by attorney.
2. City staff may appear and present evidence in support of or in opposition to the appeal.
3. Other persons may appear and present relevant evidence.
4. The sequence of the hearing shall be as follows:
   1. Staff introduces the appeal. Staff may also present evidence and a recommendation in favor or opposed to granting the appeal.
   2. Board or Council determines party status based on the criteria of subsection B. above.
   3. Petitioner presents argument
   4. Respondent presents response
   5. Petitioner presents reply
   6. Public statements
   7. Board or Council decides or continues appeal.

1. The entity hearing the appeal shall make a decision either:
   1. At the meeting at which that matter is first presented; or
   2. At the conclusion of the hearing on that matter, if it is continued.
2. The entity hearing the appeal may reverse, affirm, or modify the order, requirement, decision, or determination appealed from.

1. Within five days after making any decision on an appeal, the Board of Zoning Appeals shall file a copy of the decision in the office of the Board of Zoning Appeals.
2. If the Plan Commission reverses a Plat Committee decision to deny a primary plat, then the chair of the Plan Commission shall certify the primary plat.

1. When an appeal from the decision of an official or board has been filed with the Board of Zoning Appeals, proceedings and work on the premises affected shall be stayed unless the official or board certifies to the Board of Zoning Appeals that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by a restraining order.
2. After notice to the officer or board and to the owner of the premises affected and after due cause is shown, the circuit or superior court of the county in which the premises affected are located may grant the restraining order.

1. Only interested parties shall have standing to bring an appeal.
2. The parties to an appeal are the Petitioner and the Respondent. The City is always a Respondent. Other interested parties may also join as respondents pursuant to Section 15.1105, Notice of Appearance; Intervention.
3. A person or entity is a party if it demonstrates:
   1. That final action of the City caused it injury;
   2. The injury is different in kind or degree from injury to members of the general public; and
   3. The injury can be remedied if the appeal is granted.
4. The Applicant is always a party, and shall not be required to demonstrate injury if:
   1. The Applicant is appealing an adverse decision or an adverse condition of approval, in which case the Applicant is a Petitioner; or
   2. The Applicant's application is the subject of an appeal by another party, in which case the Applicant is a Respondent.
5. Any person or entity that owns property within the radius in which certified mail notice is required for the application that is the subject to the appeal shall not be required to demonstrate injury.

1. The name, address, and telephone number of the Petitioner;
2. A short statement indicating the nature of the application, the application number, the date of hearing, and the decision;
3. A short statement indicating how the Petitioner qualifies as a party, pursuant to either subsections B.3., B.4., or B.5. above; and
4. A short but specific statement regarding how the decision appealed violates this UDO. The statement shall refer to the particular section numbers upon which the Petitioner relies.

1. The name, address, and telephone number of the person or entity entering the Notice of Appearance;
2. A reference to the appeal number and date of decision;
3. A short statement indicating how the person or entity entering the Notice of Appearance qualifies as a party, pursuant to either Section 15.1104, Initiation of Appeal, subsections A.3., A.4., or A.5.;
4. A statement as to whether the person or entity entering the Notice of Appearance is seeking to become a Petitioner or Respondent in the appeal.

1. The Plan Commission may initiate the proposal; or the City Common Council may initiate the proposal and direct the Plan Commission to prepare it. The Plan Commission shall hold a public hearing pursuant to subsection A.4., below, within 60 days of initiating an amendment or receiving a referral of an amendment from the City Common Council.
2. The Plan Commission must prepare the proposal so that it is consistent with IC 36-7-4-601, Zoning Ordinance; Powers and Duties of Legislative Body.
3. The Plan Commission and City Common Council must both comply with Section 15.602, Criteria for Text and Map Amendments.
4. The Plan Commission must give notice and hold a public hearing as follows.
   1. The Plan Commission shall give notice of the hearing by publication pursuant to Section 15.309, Notice. The notice must state:
      1. The time and place of the hearing;
      2. The geographic areas (or zoning districts in a specified geographic area) to which the proposal applies;
      3. A summary (which the Plan Commission shall have prepared) of the subject matter contained in the proposal (not the entire text) that describes any new or changed provisions;
      4. If the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions;
      5. The place where a copy of the proposal is on file for examination before the hearing;
      6. That written objections to the proposal that are filed with the secretary of the Plan Commission before the hearing will be considered;
      7. That oral comments concerning the proposal will be heard; and
      8. That the hearing may be continued from time to time as may be found necessary.
   2. The Plan Commission shall also provide for due notice to interested parties at least 10 days before the date set for the hearing. The commission shall by rule determine who are interested parties, how notice is to be given to interested parties, and who is required to give that notice. However, if the subject matter of the proposal abuts or includes a county line (or a county line street or road or county line body of water), then all owners of real property to a depth of two ownerships or one-eighth of a mile into the adjacent county, whichever is less, are interested parties who must receive notice under this subsection.
   3. The hearing must be held by the Plan Commission at the place stated in the notice. The Plan Commission shall adopt rules governing the conduct of hearings under this section.
5. Within 10 business days after the Plan Commission determines its recommendation (if any), the Plan Commission shall certify the proposal to the City Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
6. The City Common Council must consider and vote on the proposal within 90 days after the Plan Commission certifies the proposal, at a meeting noticed pursuant to IC 5-14-1.5-5, Public Notice of Meetings, as follows:
   1. The City Common Council shall consider the recommendation (if any) of the Plan Commission before acting on the proposal.
   2. If the proposal received a favorable recommendation from the Plan Commission, then at the first regular meeting of the City Common Council after the proposal is certified, or at any subsequent meeting within the 90 day period, the City Common Council may adopt, reject, or amend the proposal.
      1. If the City Common Council adopts (as certified) the proposal, it takes effect as other City ordinances.
      2. If the City Common Council fails to act on the proposal within 90 days after certification, it takes effect as if it had been adopted (as certified) 90 days after certification.
      3. If the City Common Council rejects or amends the proposal, it shall be returned to the Plan Commission for its consideration, with a written statement of the reasons for the rejection or amendment.
   3. If the proposal received either an unfavorable recommendation or no recommendation from the Plan Commission, then at the first regular meeting of the City Common Council after the proposal is certified, or at any subsequent meeting within the 90 day period, the City Common Council may adopt, reject, or amend the proposal.
      1. If the City Common Council adopts (as certified) the proposal, it takes effect as other City ordinances.
      2. If the City Common Council rejects the proposal or fails to act on it within 90 days after certification, it is defeated.
      3. If the City Common Council amends the proposal, it shall be returned to the Plan Commission for its consideration, with a written statement of the reasons for the amendment.
   4. City Common Council action shall be by a vote of the majority of the Council.
7. If the City Common Council returns a proposal to the Plan Commission, the Plan Commission has 45 days in which to consider the City Common Council's rejection or amendment and report to the City Common Council as follows:
   1. If the Plan Commission originally certified the proposal with a favorable recommendation:
      1. If the Plan Commission approves the amendment or fails to act within the 45 day period, the ordinance stands as passed by the City Common Council as of the earlier of:
         1. The date of the filing of the Plan Commission's report of approval with the legislative body; or
         2. The end of the 45 day period.
      2. If the Plan Commission disapproves the rejection or amendment, the action of the City Common Council on the original rejection or amendment stands only if confirmed by another vote of the City Common Council within 45 days after the Plan Commission certifies its disapproval. If the City Common Council fails to confirm its action under this clause, the ordinance takes effect in the form proposed by the Plan Commission 90 days after certification.
   2. If the Plan Commission originally certified the proposal with no recommendation or an unfavorable recommendation:
      1. If the Plan Commission approves the amendment or fails to act within the 45 day period, the ordinance stands as passed by the City Common Council as of the earlier of:
         1. The date of the filing of the Plan Commission's report of approval with the legislative body; or
         2. The end of the forty-five (45) day period.
      2. If the Plan Commission disapproves the amendment, the action of the City Common Council on the original amendment stands only if confirmed by another vote of the City Common Council within 45 days after the Plan Commission certifies its disapproval. If the City Common Council fails to confirm its action under this clause, the ordinance is defeated.

1. The Plan Commission shall publish a notice of adoption in accordance with IC 5-3-1, Publication Procedures. The notice of adoption (which the Plan Commission shall have prepared) must:
   1. Summarize the subject matter of the ordinance;
   2. Give the date of adoption;
   3. Specify the places or areas that would be directly affected by the ordinance (this subdivision does not require the identification of any real property by metes and bounds);
   4. Specify the penalty or forfeiture prescribed for a violation of the ordinance; and
   5. Give two locations open to the public where the entire text of the ordinance is available for inspection.
2. After adoption of an amendment to this UDO, the Plan Commission shall print the text of the ordinance in book or pamphlet form (or arrange for the inclusion of the zoning ordinance in the code of ordinances printed by the unit under IC 36-1-5, Codification of Ordinances), and no other printing or publication is required.
3. Zone maps incorporated by reference into the UDO are not required to be printed in the code of ordinances, book, or pamphlet printed under this section, but the Plan Commission shall keep them available at its office for public inspection.
4. Unless a zoning ordinance provides for a later effective date, the ordinance takes effect when it is adopted, except that when a provision prescribing a penalty or forfeiture for a violation is printed, it may not take effect until 14 days after the later of the following:
   1. The final day on which notice of its adoption is published; or
   2. The day on which it is filed in the City Clerk-Treasurer's office, as provided in subsection C.5., below.
5. The UDO is not required to be included in the Code of Ordinances. However, if the UDO is not included in that code, then two copies of the book or pamphlet (and supplement, if any) printed under this section shall be filed in the office of the City Clerk-Treasurer, and these copies shall be kept on file in that office for public inspection.
6. If the UDO is not included in the Code of Ordinances, the City Clerk-Treasurer shall keep additional copies of the book or pamphlet (and supplement, if any) in the office for the purpose of sale or distribution.
7. If the zoning ordinance is included in the Code of Ordinances, copies of the UDO shall also be made available to the public in accordance with IC 5-14-3, Access to Public Records.

1. Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;
2. Lessening or avoiding congestion in public ways;
3. Promoting the public health, safety, comfort, morals, convenience, and general welfare; and
4. Otherwise accomplishing the purposes of IC 36-7-4, Local Planning and Zoning.

1. The comprehensive plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction; and
5. Responsible development and growth.

1. The Plan Commission may establish a schedule of reasonable fees to defray the administrative costs connected with:
   1. Processing and hearing administrative appeals and petitions for rezoning, special uses, and variances;
   2. Issuing permits not subject to State approval; and
   3. Other official actions taken under this UDO.
2. The Plan Commission may establish a uniform schedule of fees proportioned to the cost of checking and verifying proposed plats.