City of Angola, IN Chapter 18.192 PROCESSES [1]

[1] Prior legislation: UDO §§ 9.02 – 9.05.

§ 18.192.010 Improvement location permit.

(A) Applicability. An improvement location permit shall be required prior to permanent construction, installation, addition, alteration, or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land use or change to an existing land use.

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

The following are examples of projects necessitating an improvement location permit process:

(1) Constructing or installing a primary structure;

(2) Constructing or installing an accessory dwelling unit;

(3) Constructing an addition to the primary structure;

(4) Constructing or installing an accessory structure;

(5) Modifying a structure's height;

(6) Installing a wind turbine system;

(7) Installing or modifying a driveway;

(8) Constructing or modifying off-street parking;

(9) Adding impervious surface;

(10) Constructing a public sidewalk;

(11) Constructing a deck or patio;

(12) Constructing or altering a fence;

(13) Installing a permanent sign;

(14) Installing a swimming pool;

(15) Constructing a recreation pond;

(16) Installing a well or septic system.

(B) Exemption From Improvement Location Permit. This exemption is only from having to obtain an improvement location permit. It is not an exemption from having to meet all applicable regulations in this title. Any project exempt from having to acquire an improvement location permit that is in violation of this title is subject to Chapter 18.196 AMC, Enforcement and Penalties. The following projects are exempt from having to obtain an improvement location permit:

(1) Softscaping and Hardscaping. Installing trees, shrubs, plants, and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging, and small retaining walls) are exempt from obtaining an improvement location permit as long as there is no adverse effect to drainage.

(2) Sign Content Change. Sign content may be changed without having to receive an improvement location permit.

(3) Flagpole. Flagpoles may be installed without obtaining an improvement location permit.

(4) Play Set. Play sets that do not project more than 10 feet above the ground and have a footprint less than 200 square feet may be installed without obtaining an improvement location permit.

(5) Type 1 Home Based Business. Type 1 home businesses may commence without obtaining an improvement location permit.

(6) Property Maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit.

(7) Adding or Changing Light Fixtures. Light fixtures may be added or changed without obtaining an improvement location permit.

(C) Cross-Reference.

(1) Building Permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with this title, most projects with any type of building will also have to be reviewed for compliance with the building code. The review for compliance with the building code is conducted by the Building Official. See AMC Title 15, Buildings and Construction, for information regarding building permits and certificates of occupancy.

(2) Site Improvement Permit. An improvement location permit does not authorize compliance with the city's stormwater management ordinances. Concurrent to having a project reviewed for compliance with this title, most projects will also have to be reviewed for compliance with the stormwater management ordinance. The review for compliance with the stormwater management ordinance is conducted by the MS4 Coordinator. See Chapter 13.15 AMC, Stormwater Management, for information regarding the site improvement permit.

(3) Other Permits. An improvement location permit does not authorize compliance with any county, state or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.

(D) Filing Requirements.

(1) Application. Application for an improvement location permit shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form:

(a) Property owner's name, mailing address, phone number and/or email address.

(b) Applicant's name, mailing address, phone number, and/or email address, if different than owner.

(c) Written detailed description of the proposed project.

(d) Date submitted and signed.

(e) Signature of the applicant, testifying that they are authorized to represent the property.

(f) Any other information requested on the application form.

(2) For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment:

(a) Projects Involving Noninhabitable Structures Not Mounted on a Permanent Foundation.

(i) A scale drawing of the parcel with dimensions.

(ii) The building envelope (i.e., the resulting developable area after applying setbacks).

(iii) The location of existing structures (e.g., home, garage, sidewalk, driveway, etc.).

(iv) The location of the proposed structure, including dimensions and distances to adjacent property lines and structures.

(v) A calculation of the existing lot coverage, expressed in a percentage.

(vi) A calculation of the lot coverage as it would be upon completing the project, expressed in a percentage.

(vii) A statement confirming the proposed project is not located within a floodplain or easement.

(b) Projects Involving Noninhabitable Structures Mounted on a Permanent Foundation.

(i) All requirements of subsection (D)(2)(a) of this section.

(ii) A scale drawing of the parcel with dimensions.

(iii) Existing adjacent rights-of-way, street easements or alley easements, and the name of the street or alley if applicable.

(iv) Easements on the parcel or adjacent to the parcel, including the name of the easement holder and a description of the terms of the easement.

(v) Denotation of any existing structure on adjacent parcels if within 20 feet of the subject parcel's property line.

(vi) For siting of wind turbines, any existing utility lines, transmission lines, communication towers, streets, highways, buildings, park, airport, or heliport within one-half mile of the proposed tower location.

(c) Projects Involving Inhabitable Buildings.

(i) All requirements of subsection (D)(2)(b) of this section.

(ii) Certification by a licensed engineer or surveyor that the soils are suitable to support the weight of the structure, and any foundation modifications necessary to support the weight of the structure.

(iii) Location of existing or proposed drainage tile.

(iv) Denotation of where utility lines will be run to the building and whether they are above or below grade.

(v) Location of a septic system, reserve area for a replacement septic system, well, geothermal loop, or other on-site utility system.

(vi) Denotation of any existing structure on adjacent parcels if within 50 feet of the subject parcel's property line.

(d) Complex or Unique Projects. The Zoning Administrator may require any additional information if reasonably necessary to determine if a complex or unique project complies with the provisions of this title. This may include the supporting information listed in AMC § 18.192.060(C)(11) for projects within the WH-O district.

(3) For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment:

(a) Projects that involve disturbing more than five percent of a parcel's area on a parcel less than five acres in area, or disturbing any portion of a site greater than five acres, or results in more than 9,000 cubic feet of soil being disturbed (cumulative of soil added from one area and soil removed from another, not the net of soil added and removed).

(i) A scale drawing of the parcel with dimensions.

(ii) The location of existing structures (e.g., building, sidewalk, driveway, etc.).

(iii) Denotation of existing mature trees, greater than nine inches in DBH.

(iv) Denotation of floodplains, wetlands, rock formations, karst, natural lakes, streams, regulated drains, retention ponds, detention ponds, known drainage tile, inlets, outlets, monuments or markers, and drainage swales on the parcel and within 75 feet of the parcel's property lines.

(v) Two-foot contour lines of the existing parcel.

(vi) Two-foot contours showing the parcel's contours as it would be upon completing the proposed project.

(vii) Erosion control methodology, devices, locations, and maintenance strategy.

(viii) Drainage evaluation of the existing parcel and as it would be upon completion of the proposed project with a characterization of the change to drainage onto adjacent properties, into drainage tile, or into surface water ways.

(ix) Design cross-section of recreational ponds.

(4) For Establishment of a New Land Use or Change to an Existing Land Use. The following supporting information shall be provided on a site plan, application form, or as an attachment:

(a) Description of the proposed new land use or change to an existing land use.

(b) Detailed description of how the new or changed land use will affect parking, average daily trips, courier service, building alterations inside and outside, use of outdoor areas, use of accessory structures, and number of employees.

(5) Deadline. Applications for an improvement location permit may be filed any time.

(6) Fees. The applicable fee from the city's fee schedule shall be paid after the Zoning Administrator has reviewed the proposal and found it to be compliant. The Zoning Administrator will notify the applicant at the time payment is required. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an improvement location permit application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Permit Procedure.

(1) Substantially Complete Application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator must first verify that the application form and required supplemental information have been submitted correctly, and the applicable application fee is paid.

(2) Review the Project's Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with this title. The Zoning Administrator may consult with the City Engineer, Building Commissioner, Park Superintendent, or any other person, department, or group to determine if the project complies with all of the provisions of this title. During the review process, the Zoning Administrator may:

(a) Request Additional Information. During the process of rendering a decision, the Zoning Administrator may request additional information to be added to the site plan, application form, or attachments.

(b) Exercise Discretion. Some provisions within this title allow the Zoning Administrator to apply discretion to a decision. If such discretion is exercised, the Zoning Administrator shall describe the decision and cite the authority for that discretion.

(c) Interpret This Title. Because this title cannot address every possible unique situation, project features, or land use, the Zoning Administrator shall interpret the intent of this title when not specifically addressed.

(3) Render a Decision. The Zoning Administrator shall render a decision to deny or decision to approve based on the information submitted, project review, discretion exercised, and interpretations made.

(4) Issuing an Improvement Location Permit. If the proposed project complies with this title, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit.

(5) Decision to Deny. If the proposed project does not comply with this title, the Zoning Administrator shall not issue an improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with this title, the applicant may promptly revise the application, or may promptly pursue relief from this title.

(6) Allowance for Revision Prior to a Decision. At the discretion of the Zoning Administrator, the applicant may be permitted to modify the site plan, application form, or attachments prior to a decision by the Zoning Administrator.

(7) Allowance for Revision After a Decision. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with this title without terminating the process.

(8) Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards, or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

(F) Duration.

(1) Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within 60 days from notification.

(2) Commencement. After an improvement location permit is issued, the project shall commence within 12 months of the issuance date or shall become null and void.

(3) Expiration. After an improvement location permit is issued, the project shall be completed within 36 months of the issuance date or shall become null and void.

(4) Extensions. Upon request by the applicant, an improvement location permit may be extended one time for up to 12 months. The Zoning Administrator may grant the requested extension. Both the request for the extension and the Zoning Administrator's decision concerning the extension shall be made part of the improvement location permit file.

(G) Modification After Issuance of an Improvement Location Permit. At the discretion of the Zoning Administrator, an improvement location permit may be modified if:

(1)

(a) Warranted. Warranted due to discoveries during construction or other significant finding; and

(b) Requested Prior to Initiation. Requested prior to permanent construction, installation, addition, alteration, or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land or change to an existing land use.

(2) Or if:

(a) Warranted. Warranted due to discoveries during construction or other significant finding; and

(b) Component Is Not Completed. Requested prior to the applicable component of the project has been completed; and

(c) Not Correcting a Violation. The modification is not an attempt to correct a violation.

If a modification is allowed, the Zoning Administrator shall request any necessary information, shall review the modification for its compliance to this title, and then render a decision. If the proposed modification meets the provisions of this title, the improvement location permit may be amended and filed. If denied to be considered or denied for noncompliance, the modification shall be disallowed.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.01)

§ 18.192.020 Temporary improvement location permit.

(A) Applicability. A temporary improvement location permit shall be required prior to establishment of a temporary use of land or structure.

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

The following are examples of projects necessitating a temporary improvement location permit process:

(1) Temporary sign;

(2) Sidewalk or tent sale;

(3) Model home;

(4) Tent sale;

(5) Firework sale;

(6) Construction trailer;

(7) Temporary outdoor storage.

(B) Exemption From Temporary Improvement Location Permit. This exemption is only from having to obtain a temporary improvement location permit. It is not an exemption from having to meet all applicable regulations in this title. Any project exempt from having to acquire a temporary improvement location permit that is in violation of this title is subject to Chapter 18.196 AMC, Enforcement and Penalties. The following projects are exempt from having to obtain an improvement location permit:

(1) Real estate signs.

(C) Filing Requirements.

(1) Application. Application for a temporary improvement location permit shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per all applicable requirements described below.

(2) Establishment of a Temporary Use of Land or Structure. The following application and supporting information, when applicable, shall be provided on a site plan, application form, or as an attachment:

(a) Property owner's name, mailing address, phone number and/or email address.

(b) Applicant's name, mailing address, phone number, and/or email address, if different than owner.

(c) Written detailed description of the proposed project.

(d) Date submitted and signed.

(e) Signature of the applicant, testifying that they are authorized to represent the property.

(f) Any other information requested on the application form.

(g) A drawing of the parcel with dimensions.

(h) The location of existing structures (e.g., building, parking lot, sidewalk, driveway, etc.).

(i) The location of the proposed temporary structure.

(j) The applicable setbacks shown on the parcel drawing.

(k) Description of the proposed temporary land use.

(l) Description of the desired duration of the temporary structure and/or land use.

(m) A statement confirming the proposed temporary structure does not impede drainage, sight visibility, vehicular circulation, pedestrian circulation, or emergency exit.

(3) Deadline. Applications for a temporary improvement location permit may be filed any time.

(4) Fees. The applicable fee from the city's fee schedule shall be paid after the Zoning Administrator has reviewed the proposal and found it to be compliant. The Zoning Administrator will notify the applicant at the time payment is required. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a temporary improvement location permit application that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(D) Permit Procedure.

(1) Substantially Complete Application. An application for a temporary improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall first verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.

(2) Review the Project's Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with this title. The Zoning Administrator may consult with the City Engineer, Building Commissioner, Park Superintendent, or any other person, department, or group to determine if the project complies with all of the provisions of this title. During the review process, the Zoning Administrator may:

(a) Request Additional Information. During the process of rendering a decision, the Zoning Administrator may request additional information to be added to the site plan, application form, or attachments.

(b) Exercise Discretion. Some provisions within this title allow the Zoning Administrator to apply discretion to a decision. If such discretion is exercised, the Zoning Administrator shall describe the decision and cite the authority for that discretion.

(c) Interpret This Title. Because this title cannot address every possible unique situation, project features, or land use, the Zoning Administrator shall interpret the intent of this title when not specifically addressed.

(3) Render a Decision. The Zoning Administrator shall render a decision to deny or decision to approve based on the information submitted, project review, discretion exercised, and interpretations made.

(4) Issuing a Temporary Improvement Location Permit. If the proposed project complies with this title, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue a temporary improvement location permit.

(5) Decision to Deny. If the proposed project does not comply with this title, the Zoning Administrator shall not issue a temporary improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing a temporary improvement location permit and send that information to the applicant by email or U.S. mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with this title, the applicant may promptly revise the application, or may promptly pursue relief from this title.

(6) Allowance for revision prior to a decision: not applicable.

(7) Allowance for Revision After a Decision to Deny. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with this title without terminating the process.

(8) Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal or variance from development standards. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

(E) Duration.

(1) Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within 30 days from notification.

(2) Commencement. After a temporary improvement location permit is issued, the permit shall expire after the last approved date for the temporary use and/or structure.

(3) Permit Expiration. A temporary improvement location permit shall be issued for the dates requested by the applicant and within the ordinance limits as described in AMC § 18.160.460 through § 18.160.500, Temporary use and structure standards. The permitted dates shall be displayed on the temporary improvement location permit.

(4) Extensions: not applicable.

(F) Modification after issuance of a temporary improvement location permit: not applicable.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.06; Formerly 18.192.060)

§ 18.192.030 Administrative appeal.

(A) Applicability. An administrative appeal applies to an applicant or interested party that wants a decision, interpretation, order determination, or action of the Zoning Administrator and/or enforcement officer to be overturned or corrected by the Board of Zoning Appeals. Any decision, interpretation, order determination, or action of the Plan Commission shall not be the subject of an administrative appeal.

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(B) Filing Requirements.

(1) Petition. Petition for administrative appeal shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per the requirements described below.

(2) Information to Be Submitted. The following information shall be provided on the petition form:

(a) Petitioner's name, mailing address, phone number, and/or email address.

(b) Petitioner's standing (i.e., legal right to initiate a petition).

(c) The Zoning Administrator or enforcement official that rendered the decision, interpretation, order determination, or action.

(d) Written statement describing the administrative decision, interpretation, order determination, or action; and the reason and facts supporting action by the Board of Zoning Appeals.

(e) Date submitted and signed.

(f) Signature of the applicant.

(g) Any other information requested on the application form.

(3) Deadline. A petition for an administrative appeal shall be filed with the Board of Zoning Appeals within 30 days of the decision, interpretation, order determination, or action that is the subject of the appeal.

(4) Suspension of Work. Work related to the decision, interpretation, order determination, or action being appealed shall be suspended until the administrative appeal is complete, or until the Board of Zoning Appeals authorizes full or partial work to resume prior to a Board of Zoning Appeals decision.

(5) Fees. The applicable fee shall be paid at the time the petition for administrative appeal is filed.

(C) Appeal Procedure.

(1) Substantially Complete Petition. A petition for an administrative appeal shall not be issued a docket number or be scheduled for hearing by the Board of Zoning Appeals until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall verify that the petition form and required supplemental information have been submitted correctly, and the applicable petition fee is paid.

(2) Assignment. Once a petition for an administrative appeal has been determined substantially complete, the Zoning Administrator shall assign a case number and place the appeal on the agenda of the Board of Zoning Appeals. The Zoning Administrator shall inform the petitioner, in writing, of the date and time of the Board of Zoning Appeals meeting at which the appeal is to be heard.

(3) Public and Interested Party Notice. The petitioner shall be responsible for providing public notice in accordance with the Board of Zoning Appeals Rules and Procedures. The petitioner shall also be responsible for returning proof of public notice to the Zoning Administrator at least three business days before the meeting at which the appeal is to be heard. Failure to submit proof of notice may result in the administrative appeal being continued to the following month's Board of Zoning Appeals meeting.

(4) Transfer of Information.

(a) The Zoning Administrator shall provide the petitioner for an administrative appeal any additional information which is being conveyed to the Board of Zoning Appeals in preparation for the meeting.

(b) The Zoning Administrator or enforcement official that is the subject of the appeal shall transmit the documents, plans, and papers constituting the record regarding the case to the Board of Zoning Appeals.

(c) The Zoning Administrator or the enforcement official that is the subject of the appeal may provide a written report explaining the final decision or action on the case.

(5) Review. The Board of Zoning Appeals shall hear the administrative appeal at a regularly scheduled public meeting according to their Rules and Procedures. The Board of Zoning Appeals may consider information conveyed to them in writing and testimony during the hearing in making a decision.

(6) Decision. Following the hearing and review, the Board of Zoning Appeals may reverse, affirm, or modify the decision, interpretation, order determination, or action from which the appeal stems. The Board of Zoning Appeals may also add conditions to its decision when warranted.

(a) Findings of Fact. The Board of Zoning Appeals shall make written findings of fact and take action or continue the administrative appeal to a defined future meeting date. The findings of fact shall be case-specific.

(7) Appeal. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Circuit or Superior Court of Steuben County.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.07; Formerly 18.192.070)

§ 18.192.040 Special exception.

(A) Purpose and Intent. A special exception use is a use for which certain conditions must be met before it can be established at a specific location. The use shall be permitted by the Board of Zoning Appeals if certain conditions are met.

(B) Project Applicability. Only uses listed as special exceptions in the chapters in Division II of this title, Zoning Districts, shall be considered for approval by the Board of Zoning Appeals. Special exceptions are applicable to the following zoning districts when a listed special exception exists:

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

(C) Prerequisites. An application for a special exception shall be filed by the owner, the owner's agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

(D) Filing Requirements.

(1) Application. An application for a special exception shall be made on forms provided by the Zoning Administrator.

(2) Supporting Information. The following items shall accompany a completed application for a special exception:

(a) Use Details. A description of existing conditions, existing use, and proposed use. Include hours of operation and number of employees, if applicable.

(b) Site Plan. A site plan, drawn to scale, that includes the following information:

(i) North arrow.

(ii) Graphic scale.

(iii) Address of the site.

(iv) Legal description of the site.

(v) Boundary lines of the site including all dimensions.

(vi) Names, center lines, and right-of-way widths of all streets, alleys, and easements.

(vii) Location and dimensions of all existing and proposed site improvements, including structures, paved areas, landscaped areas, signs, etc.

(viii) Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

(ix) Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.

(x) Any other information necessary to support a thorough review of the project and as requested in writing by the Board of Zoning Appeals or the Zoning Administrator. This may include the supporting information listed in AMC § 18.192.060(C)(11) for projects within the WH-O district.

(3) Deadline. An application for a special exception shall be filed by the deadline established in the Board of Zoning Appeals Rules and Procedures.

(4) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a special exception is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a special exception that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Formal Procedure.

(1) Assignment. An application for a special exception, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Board of Zoning Appeals agenda in accordance with the Board of Zoning Appeals Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the meeting date.

(2) Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a special exception and/or information from other departments that have reviewed the application for a special exception. A copy of such report shall be made available to the applicant and anyone who requests a copy.

(3) Public Notice. Public notice shall be provided in accordance with the Board of Zoning Appeals Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a special exception and to address and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a special exception.

(5) Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals Rules and Procedures.

(6) Review. At its regularly scheduled public meeting, the Board of Zoning Appeals shall review:

(a) The application for a special exception.

(b) Supporting information.

(c) Presentation by the applicant.

(d) Information presented in writing or verbally by the Zoning Administrator or other applicable department or agency.

(e) Input from the public during the public hearing.

(f) Applicable provisions of this title.

(g) The Board of Zoning Appeals may take into consideration the following items as they relate to the proposed use:

(i) Topography and other natural site features.

(ii) Zoning of the site and surrounding properties.

(iii) Driveway locations, street access and vehicular and pedestrian traffic.

(iv) Parking amount, location, design.

(v) Landscaping, screening, buffering.

(vi) Open space and other site amenities.

(vii) Noise production and hours of operation.

(viii) Design, placement, architecture, and material of the structure.

(ix) Placement, design, intensity, height, and shielding of lights.

(x) Traffic generation.

(xi) General site layout as it relates to its surroundings.

(7) Decision. The Board of Zoning Appeals shall make findings of fact and take final action or continue the application for a special exception to a defined future meeting date.

(a) Findings of Fact. The Board of Zoning Appeals shall make the following findings of fact for every petition:

(i) The proposed special exception is consistent with the purpose of the zoning district and the Angola Comprehensive Plan.

(ii) The proposed special exception will not be injurious to the public health, safety, morals and general welfare of the community.

(iii) The proposed special exception is in harmony with all adjacent land uses.

(iv) The proposed special exception will not alter the character of the district.

(v) The proposed special exception will not substantially impact property value in an adverse manner.

(b) Final Action.

(i) If the Board of Zoning Appeals finds all of the findings of fact in the affirmative, it shall approve or approve with conditions and/or commitments the application for a special exception.

(ii) If the Board of Zoning Appeals does not find all of the findings of fact in the affirmative, it shall deny the application for a special exception.

(c) Commitments and Conditions.

(i) Commitments. The Board of Zoning Appeals may require the owner to make a written commitment. Commitments shall be recorded in the office of the Steuben County Recorder. A recorded commitment is binding on the owner of the land, any subsequent owner of the land, and any person who acquires interest in the land.

(ii) Conditions. The Board of Zoning Appeals may require certain conditions for approval.

(d) Final Determination Letter. The Zoning Administrator shall provide the petitioner a final determination letter documenting the Board of Zoning Appeal's decision.

(F) Duration. The granting of a special exception authorizes the use to run with the land unless conditions to the contrary are placed on the approval. If construction of structures or occupancy of existing structures has not commenced within one year of the date the special exception was granted by the Board of Zoning Appeals, the approval shall be null and void. The Zoning Administrator may grant a one-year extension.

(G) Modification. If the Zoning Administrator determines a proposed modification or intensification represents an alteration in the essential character of the original special exception use as approved by the Board of Zoning Appeals, a new approval of the special exception use shall be required. The operator of the special exception use shall provide the Zoning Administrator with all the necessary information to render this determination.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.13; Formerly 18.192.090)

§ 18.192.050 Variance.

(A) Purpose and Intent. The Board of Zoning Appeals may vary the regulations of this title for projects that meet the findings of fact set forth in this section. Variances may be a "development standards variance" granting relief from a development standard such as height, bulk, or area; or a "use variance" allowing a use that is not listed as a permitted or special exception use in a district.

(B) Project Applicability.

(1) Jurisdiction. Projects within the jurisdictional area of the Plan Commission that are unable to meet the provisions of this title may apply for a variance. Variances are applicable to the following zoning districts:

Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(2) Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a variance that has been denied by the Board of Zoning Appeals within the last 12 months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a variance containing major changes may justify refiling within the aforementioned 12-month period.

(C) Prerequisites.

(1) Eligible Applicants. An application for a variance may be filed by the owner, his agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

(2) Preapplication Meeting. Prior to submitting an application for a variance, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, ordinance provisions, the application packet, and the procedure involved.

(D) Filing Requirements.

(1) Application. Application for a variance shall be made on a form provided by the Zoning Administrator.

(2) Supporting Information.

(a) Project Details. A description of existing conditions, existing use, proposed use, and proposed improvements.

(b) Site Plan. A site plan, drawn to scale, that includes the following information:

(i) North arrow.

(ii) Graphic scale.

(iii) Address of the site.

(iv) Legal description of the site.

(v) Boundary lines of the site including all dimensions.

(vi) Names, center lines, and right-of-way widths of all streets, alleys, and easements.

(vii) Location and dimensions of all existing and proposed site improvements, including structures, paved areas, landscaped areas, signs, etc.

(viii) Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

(ix) Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.

(x) Any other information necessary to support a thorough review of the project and as requested in writing by the Board of Zoning Appeals or the Zoning Administrator. This may include the supporting information listed in AMC § 18.192.060(C)(11) for projects within the WH-O district.

(3) Deadline. An application for a variance shall be filed by the deadline in the Board of Zoning Appeals Rules and Procedures.

(4) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a variance is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a variance that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Formal Procedure.

(1) Assignment. An application for a variance, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Board of Zoning Appeals agenda in accordance with the Board of Zoning Appeals Rules and Procedures. The Zoning Administrator shall notify the applicant, in writing, of the date of the meeting.

(2) Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment on the proposed project. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a variance and/or information from other departments that have reviewed the application for a variance. A copy of such report shall be made available to the applicant and anyone that requests a copy.

(3) Public Notice. Public notice shall be provided in accordance with the Board of Zoning Appeals Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a variance and address and discuss comments and concerns. Failure to appear may result in the dismissal of the application for a variance.

(5) Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals Rules and Procedures.

(6) Review. At their regularly scheduled public meeting, the Board of Zoning Appeals shall review:

(a) The application for a variance.

(b) Supporting information.

(c) Presentation by the applicant.

(d) Information presented in writing or verbally by the Zoning Administrator or other applicable department or agency.

(e) Input from the public during the public hearing.

(f) Applicable provisions of this title.

(g) Any other additional information as may be required by the Board of Zoning Appeals to evaluate the application.

(7) Decision. The Board of Zoning Appeals shall make findings of fact and take final action or continue the application for a variance to a defined future meeting date.

(a) Development Standards Variance Findings of Fact. The Board of Zoning Appeals shall make the following findings of fact for all development standards variance petitions:

(i) The approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community.

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

(iii) The strict application of the terms of the ordinance will result in practical difficulties in the use of the property.

(b) Use Variance Findings of Fact. The Board of Zoning Appeals shall make the following findings of fact for all use variance petitions:

(i) The approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community.

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

(iii) That the need for the use variance arises from some condition peculiar to the property involved.

(iv) The strict application of the terms of the ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought.

(v) The approval does not interfere substantially with the Angola Comprehensive Plan.

(c) Final Action.

(i) If the Board of Zoning Appeals finds all of the findings of fact in the affirmative, it shall approve or approve with conditions and/or commitments the application for a variance.

(ii) If the Board of Zoning Appeals does not find all of the findings of fact in the affirmative, it shall deny the application for a variance.

(d) Commitments and Conditions.

(i) Commitments. The Board of Zoning Appeals may require the owner to make a written commitment. Commitments shall be recorded in the office of the Steuben County Recorder. A recorded commitment is binding on the owner of the land, any subsequent owner of the land, and any person who acquires interest in the land.

(ii) Conditions. The Board of Zoning Appeals may require certain conditions for approval.

(e) Final Determination Letter. The Zoning Administrator shall provide the applicant a final determination letter documenting the Board of Zoning Appeal's decision.

(F) Duration.

(1) Development Standards Variance. A development standards variance granted by the Board of Zoning Appeals shall run with the land until such time as the property conforms with this title unless conditions to the contrary are placed on the approval. If construction of the proposal has not commenced within one year of the date the development standards variance was approved, the approval shall become null and void.

(2) Use Variance. A use variance granted by the Board of Zoning Appeals may run with the land or applicant until such time as:

(a) The use of the variance ends, is vacated, or unused for three months consecutively;

(b) The property conforms with this title as written; or

(c) The construction or occupancy has not commenced within one year of the date the use variance was approved.

(G) Modification. Modifications authorized by the Zoning Administrator shall be reported, in writing, to the Board of Zoning Appeals at the next regular meeting of the Board of Zoning Appeals.

(1) Development Standards Variance. Modification of a development standards variance that makes a project more compliant with the provisions of this title may be authorized by the Zoning Administrator. Modification of a development standards variance that makes a project less compliant with the provisions of this title shall refile an application for a variance or other appropriate application.

(2) Use Variance. Modification of use variance shall not be permitted. Any modification of an approved use variance shall meet all of the provisions of this title or refile an application for a variance or other appropriate application.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.17; Formerly 18.192.110)

§ 18.192.060 Development plan.

(A) Applicability. This process applies to the following zoning districts: PR, AC, R5, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

(1) General. Development plan approval shall be required prior to an improvement location permit being issued for:

(a) Any new primary structure.

(b) Any addition of a primary structure that exceeds 50 percent of the footprint of the existing primary structure.

(c) Any addition to a primary structure that is 10,000 square feet or greater in size.

(d) Any new or expanded accessory structure or use that exceeds 50 percent of the footprint of the primary structure.

(e) Any new or expanded accessory structure or use that exceeds 5,000 square feet or greater in size.

(f) Any new parking lot.

(g) Any expansion of a parking lot that exceeds 50 percent of the footprint of the existing parking lot.

(h) Any project the Zoning Administrator determines its complexity warrants development plan approval.

(2) Subdivisions. For subdivisions, development plan approval may be reviewed concurrently with the secondary plat. However, the secondary plat shall be approved prior to the development plan or a condition shall be placed on the development plan stating "The development plan approval shall become null and void if the associated secondary plat is never approved and recorded."

(B) Exemptions From Development Plan.

(1) Single-Family Detached Residential. Any lot being developed for a single-family detached residence or its accessory structures shall be exempt from development plan approval.

(2) Agriculture Sites and Buildings. Any lot being solely used for agricultural purposes shall be exempt from development plan approval.

(3) Temporary Use of Land or Structure. Any temporary use of land or structure shall be exempt from development plan approval.

(4) Establish a New Land Use or Change an Existing Land Use. Establishing a new land use or changing an existing land use shall be exempt from development plan approval.

(C) Filing Requirements.

(1) Application. Application for development plan approval shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form:

(a) Property owner's name, mailing address, phone number and/or email address.

(b) Applicant's name, mailing address, phone number, and/or email address, if different than owner.

(c) Written detailed description of the proposed project.

(d) Date submitted and signed.

(e) Signature of the applicant, testifying that they are authorized to represent the property.

(f) Any other information requested on the application form.

(2) Deed. The recorded deed(s) for the property.

(3) Site Plan. A site plan, drawn to scale, that includes the following items:

(a) North arrow.

(b) Graphic scale.

(c) Address of the site.

(d) Proposed name of the development.

(e) Engineer's name, contact information, and stamp.

(f) Owner's and developer's name and contact information.

(g) Area map insert showing the general location of the site referenced to major streets.

(h) Boundary lines of the site including all dimensions of the site.

(i) Names, center lines, and right-of-way widths of all streets and alleys.

(j) Name and description of the terms of all easements.

(k) Layout, number, dimension, and area of all lots.

(l) Location and dimensions of all existing and proposed structures, including paved areas, entryway features, and signs.

(m) Floodplain certification statement and location of all floodway, floodway fringe areas, and wetlands within and in close proximity to the boundaries of the site.

(n) Use of each structure by labeling including approximate density or size of all proposed uses and structures on the site (e.g., parking – number of parking spaces provided; office – floor area).

(o) Distance of all structures from front, rear, and side lot lines.

(p) Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.

(q) Proposed landscaping buffers or landscaped areas.

(r) Dumpster and trash receptacle details, if applicable.

(s) Denotation of any existing structure on adjacent parcels within 20 feet of subject parcel's property line.

(t) Plan Commission certification signature block.

(u) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee.

(4) Building Elevations. Representative building elevations for façades of primary structures with sufficient detail to illustrate the character of the development.

(5) Access and Circulation. A site access and circulation plan shall be required, by may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale.

(a) North arrow.

(b) Graphic scale.

(c) Address of site.

(d) Proposed name of the development.

(e) Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements within 100 feet of the site.

(f) Location of any proposed or existing driveways onto a street or alley and its width at the lot line.

(g) All improvements to the street system on site and off site.

(h) Measurement of curb radius and/or flares.

(i) Location of proposed and existing sidewalk or trail.

(j) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee.

(6) Utility Plan. A utility plan shall be drawn to scale and shall include the following items:

(a) Location of all existing and proposed utility easements.

(b) Location and size of all existing and proposed utility components including, but not limited to sanitary sewer components, water components, and storm water components. Electric, gas, telephone, and cable as requested.

(c) Details of light and light fixtures and a photometric plan illustrating illumination capacity.

(d) Names of legal ditches and streams in or adjacent to the site.

(e) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee.

(7) Erosion Control and Stormwater Management Plan. An erosion control and stormwater management plan shall be drawn to scale. The plans shall include the following items:

(a) Location of existing structures (e.g., building, sidewalk, driveway, etc.).

(b) Denotation of existing mature trees, greater than nine inches in DBH.

(c) Denotation of floodplains, wetlands, rock formations, karst, natural lakes, streams, regulated drains, retention ponds, detention ponds, known drainage tile, inlets, outlets, monuments or markers, and drainage swales on the parcel within 75 feet of the lot's property lines.

(d) Two-foot contour lines of the existing lot.

(e) Two-foot contours showing the lot's contours as it would be upon completing the proposed project.

(f) Erosion control methodology, devices, locations, and maintenance strategy.

(g) Drainage evaluation of the existing lot and as it would be upon completion of the proposed project with a characterization of the change to drainage unto adjacent properties, into drainage tile, or into surface water ways.

(h) Design cross-section of recreational or drainage ponds.

(8) Traffic Impact Study.

(a) A traffic impact study shall be required when a proposed development meets or exceeds the warrants of the Indiana Department of Transportation Traffic Impact Study Guidelines (150 or more dwelling units; 15,000 square feet or more of retail space; 35,000 or more square feet of office space; 70,000 square feet or more of industrial space; 30,000 square feet or more of educational space; 120 or more occupied rooms; 46,000 or more square feet of medical space; or any mixed use development which generates 100 or more peak hour trips in the peak direction).

(b) A registered professional engineer shall prepare and certify the traffic impact study. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the applicant shall meet with the Zoning Administrator and City Engineer to determine an appropriate scope for the traffic impact study.

(9) Statement of Development Build-Out. The application shall indicate, either on the required site plan or in writing, a statement of:

(a) The order of development of the major infrastructure elements of the project.

(b) Project phase boundaries, if any.

(c) The order and content of each phase.

(d) An estimated timeframe for the build-out of the project.

(10) Landscape Plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed green space and landscaping on the site showing how the proposed landscaping meets or exceeds the standards in AMC § 18.156.190, Perimeter landscape standards, and Chapter 18.172 AMC, Landscaping Standards.

(11) WH-O District Requirements. If the proposed development is in the WH-O District, the applicant shall submit the following:

(a) A narrative description of the site including any existing uses, setbacks, available sewage disposal facilities, and a brief history of the site (including any former uses, historical environmental concerns, abandoned wells, underground storage tanks, septic systems, etc.).

(b) Description of the proposed operations, including chemical or products used or generated, chemical or product storage area descriptions, waste generation quantities, equipment cleaning or maintenance procedures.

(c) Methods and locations of receiving, handling, storing and shipping chemicals or products and wastes.

(d) Spill or release response measures and reporting.

(e) Description of slopes near containment vessels and waste storage areas.

(f) The following information shall also be included on the required site plan or an additional plan: all paved and non-paved areas; floor drain locations and outlets; chemical or product storage locations; waste storage locations; liquid transfer areas; underground storage tanks and associated piping; above-ground storage tanks and associated piping; slope and contours of finished grade at two-foot intervals; and proposed containment area detail drawings, including area, height, material, specifications, if applicable.

(12) Deadline. Two hard copies of the application for development plan approval; two hard copies of all supporting information; one digital copy of the application for development plan approval and supporting information in PDF (portable document format); and one digital copy of any drawings or plans in DWG format shall be submitted by the deadline established in the Plan Commission Rules and Procedures.

(13) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for development plan approval is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a development plan that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(D) Review Procedure.

(1) Assignment. Development plans which are determined to be substantially complete and in proper form by the Zoning Administrator shall be assigned a case number and placed on the first available Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the date of the meeting and provide the applicant with a legal notice.

(2) Internal Review. Upon assignment of a case number and hearing date, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed development plan and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the development plan, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the development plan and information from the Technical Advisory Committee and/or other agencies that have reviewed the development plan. A copy of such report shall be made available to the applicant and anyone who requests a copy.

(3) Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for development plan approval.

(5) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(6) Review. At their regularly scheduled public meeting, the Plan Commission shall review:

(a) The application for development plan approval.

(b) All supporting information including the site plan, site access and circulation plan, elevations, etc.

(c) The testimony of the applicant.

(d) Information presented in writing or verbally by the Zoning Administrator, the Technical Advisory Committee, and/or other applicable department or agency.

(e) Input from the public during the public hearing.

(f) Any applicable provisions of this title.

(g) Any applicable requirements of the City of Angola's construction standards.

(h) Any other information as may be required by the Plan Commission to evaluate the application.

(7) Decision. The Plan Commission shall make findings of fact and take final action or continue the application for development plan approval to a defined future meeting date.

(a) Findings of Fact. The Plan Commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the portion of this title or City of Angola's construction standards with which there is not compliance.

(i) The development plan is consistent with the City of Angola Comprehensive Plan.

(ii) The development plan satisfies the applicable development standards of Division II of this title, Zoning Districts.

(iii) The development plan satisfies the applicable development standards of Division VI of this title, Development Standards.

(iv) The development plan satisfies all other applicable provisions of this title.

(v) The development plan satisfies the construction requirements of the City of Angola's construction standards.

(b) Final Action. Based on the findings of fact, the Plan Commission shall approve, approve with conditions, or deny the application for development plan approval.

(c) The findings of fact and final action shall be signed by the Zoning Administrator.

(d) The Zoning Administrator shall provide the applicant a final determination letter documenting the Plan Commission's decision.

(E) Duration. An approved development plan shall be valid for two years from the date the Plan Commission granted approval. The Zoning Administrator may grant a single one-year extension for cause. The applicant shall submit the request for extension in writing, and the Zoning Administrator shall make a written determination regarding the decision. Both the request and the determination shall be made part of the development plan record. If development of the project has not begun by the end of the two-year period, or by the end of the one-year extension, the approval expires and a new application for development plan approval shall be submitted.

(F) Filing Requirements Prior to Occupancy.

(1) Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting certification of completion from the Zoning Administrator.

(2) Supporting Information. The following information shall accompany the applicant's letter requesting certification of completion from the Zoning Administrator:

(a) Accurate location of all survey monuments and markers, if applicable.

(b) If infrastructure improvements are complete, the supporting information shall include as-built drawings stamped by a certified engineer for each public infrastructure system, and copies of any required inspections or certifications.

(c) If infrastructure improvements intended to be dedicated to the city are not complete, the supporting information shall include detailed descriptions and locations of infrastructure to be installed, estimates from contractors for all infrastructure improvements, and a performance surety for the total amount of the infrastructure improvements yet to be completed plus 25 percent.

(d) Any other information necessary to support a thorough review of the project that is requested, in writing, by the Zoning Administrator or Plan Commission.

(G) Modification.

(1) Minor Amendments. Minor amendments to approved development plans which do not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments comply with the standards in this title and do not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

(2) Major Amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for development plan approval.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.08; Formerly 18.192.080)

§ 18.192.070 Planned development – Purpose and intent.

(A) Applicability. Planned developments shall be permitted for the following districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(B) Generally. A planned development zoning district may be used to provide for:

(1) Greater flexibility in applying the ordinances to mixed zoning classifications.

(2) Innovative approaches to meet the demands of the housing, commercial, and business markets.

(3) The recognition of the interdependency of the housing, commercial, and business markets.

(4) The establishment of creative and unique developments that would not otherwise be able to be developed under the provisions of the city's standard zoning district regulations.

(5) The planning and development of mixed zoning classifications to be consistent with the best interest of the jurisdictional area of the Plan Commission, and the applicable ordinances.

(C) Process Outline. The three steps of the planned development process are listed below and explained in detail in the following sections:

(1) The planned development district ordinance and establishment plan.

(2) The planned development detailed development plan.

(3) The planned development final development plan.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.09; Formerly 18.196.010)

§ 18.192.080 Planned development – District ordinance and establishment plan.

(A) Purpose and Intent.

(1) Planned Development District Ordinance. The purpose of the planned development district ordinance is to:

(a) Designate, or rezone, a parcel of land as a planned development zoning district.

(b) Specify uses or a range of uses permitted in the planned development zoning district.

(c) Specify development requirements in the planned development zoning district.

(d) Specify the plan documentation and supporting documentation that may be required.

(e) Specify any limitation applicable to the planned development zoning district.

(f) Meet the requirements of IC 36-7-4-1500 et seq.

(2) Establishment Plan. The purpose of an establishment plan is to delineate basic elements such as land uses, vehicular and pedestrian traffic patterns, drainage, perimeter buffer yards, etc.

(3) Detailed Development Plan. The process for the detailed development plan can occur concurrent to the district ordinance and establishment plan.

(B) Project Applicability. Proposals for new planned developments shall meet the standards of this section.

(C) Prerequisites.

(1) Ownership. Planned developments shall be initiated by the owners of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from all owners shall accompany the application.

(2) Preapplication Meeting. Prior to submitting an application for a planned development, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property.

(D) Filing Requirements.

(1) Application. Application for a planned development shall be made on a form provided by the Zoning Administrator.

(2) Supporting Information. The application for a planned development shall be accompanied by the following information:

(a) Survey and legal description of the proposed site of the planned development.

(b) The establishment plan that conceptually delineates the basic physical elements of the planned developments including land use, circulation, and perimeter buffers.

(c) A draft of the planned development district ordinance that includes proposed development standards for all land uses within the planned development.

(d) Any other information requested by the Plan Commission or Zoning Administrator.

(3) Deadline. Two hard copies of the application for a planned development; two hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in PDF (portable document format); and one digital copy of any drawings in DWG file format shall be submitted by the deadline established in the Plan Commission Rules and Procedures.

(4) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a planned development establishment plan is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development establishment plan that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Formal Procedure.

(1) Assignment. An application for a planned development, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the date of the meeting.

(2) Internal Review. Upon assignment of a case number and hearing date, the Zoning Administrator shall review the application for a planned development and all supporting information. While the establishment plan is conceptual, the Zoning Administrator may forward the establishment plan and any other relevant information to the Technical Advisory Committee, Plan Commission legal counsel, Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments, or other applicable agencies. The Zoning Administrator may submit a written report to the Plan Commission stating facts concerning the physical characteristics of the area involved in the planned development, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the planned development and information from any other agencies that reviewed the planned development. A copy of such report shall be made available to the applicant and anyone who requests it.

(3) Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Plan Commission meeting to explain the proposed planned development and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a planned development.

(5) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(6) Review. At their regularly scheduled public meeting, the Plan Commission shall review:

(a) Application for a planned development.

(b) Planned development district ordinance draft.

(c) Establishment plan.

(d) The Angola Comprehensive Plan.

(e) Current conditions and the character of current structures and uses in the area.

(f) The most desirable use for which the land in the area is adapted.

(g) The conservation of property values throughout the jurisdiction.

(h) Responsible development and growth.

(i) The testimony of the applicant.

(j) Relevant evidence presented by other persons.

(k) The limitations, standards, and requirements of AMC § 18.192.070 through § 18.192.100, planned development (PD) district processes.

(l) Any applicable provisions of this title.

(m) The Zoning Administrator's report or any other documents provided by other departments or agencies.

(n) Any other additional information as may be required by the Plan Commission to evaluate the application.

(7) Decision. The Plan Commission shall take final action or continue the application for a planned development to a defined future meeting date.

(a) Final Action. The Plan Commission shall certify and forward the application for a planned development to the Common Council with:

(i) A favorable recommendation.

(ii) A favorable recommendation and with recommendations for commitments and/or conditions.

(iii) An unfavorable recommendation.

(iv) No recommendation.

(b) Revisions. If the certified version of the planned development district ordinance or establishment plan was revised during the process of Plan Commission review, the Zoning Administrator shall make the revisions to the planned development district ordinance and the applicant shall make the revisions to the establishment plan so the Common Council receives the certified versions of the planned development district ordinance and establishment plan.

(8) Commitments and Conditions. In conjunction with its recommendation to the Common Council, the Plan Commission may recommend written commitments and/or conditions for approval. Commitments and/or conditions shall be recorded in the office of the Steuben County Recorder prior to the Common Council's second reading of the planned development district ordinance and establishment plan. The applicant shall deliver a copy of the recorded commitments and/or conditions to the Zoning Administrator.

(F) Duration. If a planned development detailed development plan has not been filed within one year of the date the Common Council approved the planned development district ordinance and the establishment plan, the approval expires and a new application for a planned development shall be submitted.

(G) Modification.

(1) Planned Development District Ordinance. An amendment to the text of the planned development district ordinance shall follow the process in AMC § 18.192.160, Unified development ordinance – Text amendment.

(2) Establishment Plan. Modification to an establishment plan shall be explained and illustrated during a planned development detailed development plan review and approval process, unless the Zoning Administrator determines the modification is significant enough to change the character and intent of the planned development. In such cases, a new application for a planned development shall be required.

(3) Commitments and Conditions. Commitments and conditions associated with a planned development district ordinance and establishment plan shall only be modified or terminated by a decision of the Common Council made at a public hearing.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.10; Formerly 18.196.020)

§ 18.192.090 Planned development – Detailed development plan.

(A) Purpose and Intent. The planned development detailed development plan shall provide the Plan Commission with the opportunity to review the details of the site plan and determine compliance with the planned development district ordinance. If the planned development involves the subdivision of land, this step also serves as the primary plat.

(B) Project Applicability. Proposals for new planned developments shall meet the standards of this section.

(C) Prerequisites.

(1) Planned Development District Ordinance and Establishment Plan. The planned development district ordinance and establishment plan shall be approved by the Plan Commission prior to submitting a planned development detailed development plan. If approval included commitments and/or conditions, those commitments and/or conditions shall be recorded in the office of the Steuben County Recorder.

(D) Filing Requirements.

(1) Application. Application for a planned development should be on file with the Zoning Administrator from the planned development district ordinance and the establishment plan.

(2) Supporting Information. The following information shall be submitted for the planned development detailed development plan review process:

(a) Site Plan. A site plan, drawn to scale, that includes the following items:

(i) North arrow.

(ii) Graphic scale.

(iii) Address of the site.

(iv) Proposed name of the development.

(v) Owner and/or developer's contact information.

(vi) Engineer's contact information.

(vii) Area map insert showing the general location of the site referenced to major streets.

(viii) Boundary lines of the site including all dimensions of the site.

(ix) Names, center lines, and right-of-way widths of all streets, alleys, and easements.

(x) Layout, number, dimension, and area of all lots.

(xi) Location and dimensions of all existing and proposed structures, including paved areas, entryway features, and signs.

(xii) Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

(xiii) Use of each existing and proposed structure by labeling, including approximate density or size of all proposed uses and structures on the site (e.g., parking – number of parking spaces provided; office – floor area).

(xiv) Distance of all structures from front, rear, and side lot lines.

(xv) Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.

(xvi) Proposed landscaping buffers or landscaped areas.

(xvii) Dumpster and trash receptacle details, if applicable.

(xviii) Plan Commission signature block.

(xix) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.

(b) Building Elevations. Representative building elevations for façades of residential and nonresidential primary structures shall be drawn to scale and include sufficient detail to illustrate the character of the development and compliance with the district ordinance.

(c) Access and Circulation. A site access and circulation plan shall be required, but may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale.

(i) North arrow.

(ii) Graphic scale.

(iii) Address of site.

(iv) Proposed name of the development.

(v) Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements within 100 feet of the site.

(vi) Location of any proposed or existing driveways onto a street or alley and their width at the lot line.

(vii) All improvements to the street system on site and off site.

(viii) Measurement of curb radius and/or flares.

(ix) Location of proposed and existing sidewalk or sidepath.

(x) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.

(d) Utility Plan. A utility plan shall be drawn to scale and shall include the following items:

(i) Location of all existing and proposed utility easements.

(ii) Location and size of all existing and proposed utility components including, but not limited to, sanitary sewer components, water components, stormwater components, electric, gas, telephone, and cable.

(iii) Location and illumination capacity of all lights, details of light fixtures, and photometric plan.

(iv) Names of legal ditches and streams in or adjacent to the site.

(v) Contours sufficient to illustrate stormwater runoff.

(vi) Stormwater drainage plan including estimated runoff.

(vii) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.

(f) Traffic Impact Study.

(i) A traffic impact study shall be required when a proposed development meets or exceeds the warrants of the Indiana Department of Transportation Traffic Impact Study Guidelines (150 or more dwelling units; 15,000 square feet or more of retail space; 35,000 or more square feet of office space; 70,000 square feet or more of industrial space; 30,000 square feet or more of educational space; 120 or more occupied rooms; 46,000 or more square feet of medical space; or any mixed use development which generates 100 or more peak hour trips in the peak direction).

(ii) A registered professional engineer shall prepare and certify the traffic impact study. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the applicant shall meet with the Zoning Administrator and City Engineer to determine an appropriate scope for the traffic impact study.

(g) Statement of Development Build-Out. The applicant shall indicate, either on the required site plan or in writing, a statement of:

(i) The order of development of the major infrastructure elements of the project.

(ii) Project phase boundaries, if any.

(iii) The order and content of each phase.

(iv) An estimate of the time frame for build-out of the project.

(h) Landscape Plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed green space and landscaping on the site showing how the proposed landscaping meets or exceeds the standards detailed in AMC § 18.156.190, Perimeter landscaping standards, and Chapter 18.172 AMC, Landscaping Standards.

(i) WH-O District Requirements. If the proposed development is in the WH-O district, the applicant shall submit the following:

(i) A narrative description of the site, including any existing uses, setbacks, available sewage disposal facilities, and a brief history of the site (including any former uses, historical environmental concerns, abandoned wells, underground storage tanks, septic systems, etc.).

(ii) Description of the proposed operations, including chemicals or products used or generated, chemical or product storage area descriptions, waste generation quantities, equipment cleaning or maintenance procedures.

(iii) Methods and locations of receiving, handling, storing and shipping chemicals or products and wastes.

(iv) Spill or release response measures and reporting.

(v) Description of slopes near containment vessels and waste storage areas.

(vi) The following information shall also be included on the required site plan or an additional plan: all paved and nonpaved areas; floor drain locations and outlets; chemical or product storage locations; waste storage locations; liquid transfer areas; underground storage tanks and associated piping; above-ground storage tanks and associated piping; slope and contours of finished grade at two-foot intervals; and proposed containment area detail drawings, including area, heights, materials, and specifications, if applicable.

(3) Deadline. Two hard copies of the application for a planned development detailed development plan; two hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in PDF (portable document format); and one digital copy of any drawings in DWG file format shall be submitted by the deadline established in the Plan Commission Rules and Procedures.

(4) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a planned development detailed development plan is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development detailed development plan that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Formal Procedure.

(1) Assignment. A planned development detailed development plan, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the meeting date.

(2) Internal Review. Upon assignment of a case number and hearing date, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed planned development detailed development plan and asked to review and comment. The Zoning Administrator may request a formal meeting of the Technical Advisory Committee and request the applicant's presence at that meeting. Following a thorough review, the Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the planned development detailed development plan, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the planned development detailed development plan and information from the Technical Advisory Committee and/or other agencies that have reviewed the planned development detailed development plan. A copy of such report shall be made available to the applicant and anyone who requests a copy.

(3) Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the planned development.

(5) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(6) Review. At their regularly scheduled public meeting, the Plan Commission shall review:

(a) The original application for a planned development detailed development plan.

(b) Approved planned development district ordinance.

(c) Approved establishment plan.

(d) All supporting information including the site plan, site access and circulation plan, elevations, utility plan, statement of development build-out, landscape plan, and, if applicable, traffic impact study and WH-O district requirements.

(e) The testimony of the applicant.

(f) Information presented in writing or verbally by the Zoning Administrator, the Technical Advisory Committee, or other applicable department or agency.

(g) Input from the public during the public hearing.

(h) Any applicable requirements of the City of Angola's construction standards.

(i) The limitations, standards, and requirements of AMC § 18.192.070 through § 18.192.100, planned development (PD) district processes.

(j) Any applicable provisions of this title.

(k) Any other additional information as may be required by the Plan Commission to evaluate the application.

(7) Decision. The Plan Commission shall make findings of fact and take final action or continue the planned development detailed development plan to a defined future meeting date.

(a) Findings of Fact. The Plan Commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the portion of the planned development district ordinance, this title, or City of Angola's construction standards with which there is not compliance.

(i) The planned development detailed development plan is consistent with the City of Angola Comprehensive Plan.

(ii) The planned development detailed development plan is consistent with AMC § 18.192.070 through § 18.192.100, planned development (PD) district processes.

(iii) The planned development detailed development plan satisfies the development standards of the approved planned development district ordinance.

(iv) The planned development detailed development plan satisfies the construction requirements of the City of Angola's construction standards.

(v) The development plan satisfies all other applicable provisions of this title.

(b) Final Action. Based on the findings of fact, the Plan Commission shall approve, approve with conditions, or deny the planned development detailed development plan. If conditions are required, the conditions shall be recorded in the office of the Steuben County Recorder within 30 days of the Plan Commission's approval of the planned development detailed development plan. The applicant shall deliver a copy of the recorded conditions to the Zoning Administrator before filing a planned development final development plan.

(c) The findings and final decision shall be signed by the Zoning Administrator.

(d) The Zoning Administrator shall provide the applicant a final determination letter documenting the Plan Commission's decision.

(F) Duration. An approved planned development detailed development plan shall be valid for two years from the date the Plan Commission granted approval. The Zoning Administrator may grant one six-month extension. The applicant shall submit the request for extension in writing, and the Zoning Administrator shall make a written determination regarding the decision. Both the request and the determination shall be made part of the planned development record. If development of the project has not commenced by the end of the two-year period (or by the end of the six-month extension), the approval expires and an application for a planned development (district ordinance and establishment plan) shall be required.

(G) Modification.

(1) Minor Amendments. A minor amendment to an approved planned development detailed development plan which does not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendment does not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

(2) Major Amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new planned development detailed development plan.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.11; Formerly 18.196.030)

§ 18.192.100 Planned development – Final development plan.

(A) Purpose and Intent. The planned development final development plan shall clearly define all construction matters and special conditions such as construction techniques, materials and the like, as well as prepare the plans and documents for recording. If the planned development involves the subdivision of land, this step also serves as the secondary plat approval.

(B) Project Applicability. Proposals for new planned developments shall meet the standards of this section.

(C) Prerequisites.

(1) Planned Development Detailed Development Plan. The planned development detailed development plan shall be approved by the Plan Commission prior to submitting a planned development final development plan. If planned development detailed development plan approval included conditions, those conditions shall be recorded in the office of the Steuben County Recorder.

(2) Infrastructure. A planned development shall have all of the infrastructure improvements proposed in the planned development detailed development plan that are intended to be dedicated to the city installed to meet the City of Angola's construction standards, or the applicant shall have financial security for the cost of the infrastructure improvements in compliance with AMC § 18.156.330, Surety standards.

(D) Filing Requirements.

(1) Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting planned development final development plan approval. The original application for a planned development should be on file with the Zoning Administrator from the planned development district ordinance and the establishment plan.

(2) Supporting Information. The following information shall accompany the applicant's letter requesting planned development final development plan approval:

(a) Accurate location of all survey monuments and markers, if applicable.

(b) If infrastructure improvements are complete, the supporting information shall include as-built drawings stamped by a certified engineer for each infrastructure system, and copies of any required inspections or certifications.

(c) If infrastructure improvements intended to be dedicated to the city are not complete, the supporting information shall include detailed descriptions and locations of infrastructure to be installed, estimates from contractors for all infrastructure improvements, and a performance surety in accordance with AMC § 18.156.330, Surety standards.

(d) Any other information necessary to support a thorough review of the project that is requested, in writing, by the Zoning Administrator or Plan Commission.

(3) Deadline. Planned development final development plan approval shall be requested within two years of the approval of planned development detailed development plan by the Plan Commission.

(4) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a planned development final development approval is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a planned development final development approval that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Formal Procedure.

(1) Assignment. The Zoning Administrator shall review the letter requesting planned development final development plan approval and all supporting information. Based on the history and the complexity of the project, the Zoning Administrator shall determine if the planned development final development plan should be presented to the Plan Commission. Should the Zoning Administrator determine Plan Commission review is necessary, the Zoning Administrator shall assign the planned development final development plan a case number and place it on the Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing if Plan Commission review is necessary and the date of the meeting, if applicable.

(2) Review. The Zoning Administrator shall provide the letter requesting planned development final development plan approval, the supporting information, and a comment sheet to all applicable departments and agencies. Each department shall determine if the infrastructure improvements installed or proposed to be installed meet the City of Angola's construction standards and establish adequate connection to the existing and future systems. If applicable, each department shall also review applicable cost estimates for reasonableness. Each department shall return the comment sheet with any comments or concerns concerning the infrastructure or the project. If it has been determined that Plan Commission review is required, the comment sheets shall be forwarded to the Plan Commission for review at the meeting.

(3) Public Notice. Notice and public hearing shall not be required for planned development final development plan.

(4) Decision. Based on comments from departments, the Zoning Administrator or the Plan Commission shall approve, approve with conditions, or deny planned development final development plan.

(F) Duration. An approved planned development final development plan and any conditions shall be recorded in the office of the Steuben County Recorder within three months of the date of approval or become null and void.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.12; Formerly 18.196.040)

§ 18.192.110 Subdivision of land – General.

(A) Purpose and Intent. A subdivision of land shall guide development in a manner as to provide for improvement of the health, safety, convenience, and welfare of its citizens while considering future growth, connectivity, and utility availability of the community. A subdivision of land shall also ensure statutory requirements established in IC 36-7-4-700.

(B) Project Applicability.

(1) Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(2) Buildable Lots. Divisions of land recorded at the Office of the Steuben County Recorder without being approved as a primary/secondary plat, plat amendment (replat), administrative subdivision or that are not listed as an exemption shall not result in buildable lots.

(3) Exemptions. The following splits are not considered a subdivision of land and are exempt from the subdivision processes outlined in this title:

(a) Condominiums regulated by IC 32-25.

(b) Any land being divided pursuant to court decree. Such divisions shall comply with the standards in this title. A copy of such court decree is required to be required with the deed.

(c) Any land being divided or acquired by a public agency or utility for a street or utility right-of-way or easement of any essential service, other than those required for a subdivision as defined in this title. These divisions are considered nonbuildable and do not have to comply with lot area or lot width standards in this title. Divisions for public use may create an adjoining parcel to become a legal nonconforming parcel.

(C) Plat Committee.

(1) Purpose and Intent. The Plan Commission may appoint a Plat Committee to hold hearings on and approve plats, amended plats, and plat vacations on behalf of the Plan Commission. The Plat Committee shall be established and maintained in accordance with the Plan Commission Rules and Procedures.

(2) Authorization. The Plat Committee may grant approval for minor subdivisions of land, plat vacations, and plat amendments (replats).

(D) Preserving Parent Tract. When one or more smaller lots, less than five acres each, are split from a large parent tract resulting in a remnant greater than five acres in area, then the one parcel greater than five acres may be preserved as a "parcel," not a "platted lot." The "parcel" would preserve its ability to be subdivided further in the future using any subdivision process in this title, and the "platted lots" would only be able to be modified with the administrative subdivision or plat amendment (replat) processes.

(Ord. 1746-2023)

§ 18.192.120 Subdivision of land – Administrative.

(A) Purpose and Intent. An administrative subdivision shall provide the City of Angola with the opportunity to (1) expedite adjustments to property lines when no new lots are created; (2) expedite mergers of lots into fewer buildable lots; (3) administratively permit the division of large agricultural lots into smaller agricultural lots; or (4) expedite splits for telecommunication facilities. Essentially, the actions described below are considered exempt from the subdivision standards necessitating verification of compliance and proper record keeping.

(B) Project Applicability. An administrative subdivision can be used to modify property within the jurisdictional area, but only if the proposed modification meets the "applicable districts," "applicable actions," and "prerequisites" standards below. All other divisions of land or alterations to property lines shall be processed as a minor subdivision or major subdivision.

(1) Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

(2) Applicable Actions.

(a) Merging Common Ownership Lots. The owner of any number of lots may merge the lots together as fewer buildable lots when the result(s) do(es) not create any new or an escalation in nonconformance; and when there is no change to public services, roads, or utilities.

(b) Splitting and Merging Adjacent Lots. One or more owners adjacent to a vacant lot may purchase the lot, divide it, and merge the remaining pieces with their buildable lot. If the lot is not vacant, the primary structure shall be demolished and/or the primary use dissolved prior to application for an administrative subdivision.

(c) Adjusting Lot Lines. Two owners may adjust an adjoining lot line if survey errors were discovered or if both owners desire a modification as long as it does not result in any new or an escalation in nonconformances or does not reduce either's lot area by more than 20 percent, while still meeting minimum lot standards.

(d) Subdividing Into Larger Lots. A parcel may be split resulting in any number of lots if all resulting lots are at least five acres in area, retain accessibility to public right-of-way, and meet lot standards for the appropriate district.

(e) Subdividing Lots for Telecommunication Facilities. A parcel may be split to accommodate a new telecommunication facility provided such use has zoning approval and the lot complies with all standards in this title except for lot area and lot width.

(C) Prerequisites.

(1) Eligible Applicant. An application for an administrative subdivision shall be initiated by the owner(s) of all applicable lots or the owner's authorized agent. If an authorized agent files an application, a signed and notarized affidavit shall be submitted with the application.

(2) Removing Unnecessary Driveway Cuts. Under the actions listed in subsections (B)(2)(a) and (b) of this section, preexisting driveway cut(s) for the dissolved lots are encouraged to be vacated and removed, including the apron within the right-of-way.

(3) Restrictions. An administrative subdivision petition that includes one or more of the following elements or conditions shall not be permitted to utilize the administrative subdivision process:

(a) Adding an additional driveway cut with actions described in subsections (B)(2)(a) through (c) of this section;

(b) Modifying an existing easement;

(c) Further splitting a lot that was created through an administrative subdivision;

(d) The lots involved are not all in the same zoning district; or

(e) A new road(s), public or private, or improvements to existing road.

(D) Filing Requirements.

(1) Application. An application for an administrative subdivision shall be made on forms provided by the Zoning Administrator.

(2) Deed. Recorded deed(s) for the property.

(3) Site Plan. A site plan, drawn to scale, that includes the following items:

(a) North arrow.

(b) Graphic scale.

(c) Owner's name and contact information.

(d) Surveyor's name, contact information, and stamp.

(e) Legal description of the site.

(f) Boundary lines of each parcel including all dimensions.

(g) Proposed parcel line adjustments or subdivision lines with resulting parcel dimensions, parcel area, and building setback lines on the resulting lots.

(h) Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements.

(i) Footprint and dimensions of existing structures.

(j) Measurements from existing structures to both existing property lines and proposed property lines.

(k) Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

(l) Appropriate title for lot line adjustments within an existing platted subdivision.

(m) Any other information necessary to support a thorough review of the project and as requested in writing by the Zoning Administrator. This may include the supporting information listed in AMC § 18.192.060(C)(11) for projects within the WH-O district.

(4) Deadline. Not applicable.

(5) Submittal Material. The following items shall be submitted with the application:

(a) One hard copy of the application and applicable affidavits.

(b) Two hard copies of the plans.

(c) A .pdf (portable document format) copy of the application, plans, and all supporting documentation.

(d) A .dwg (drawing format) copy of the primary plat in Indiana East State Plane Coordinate System.

(6) Fee. The applicable fee from the city's fee schedule shall be paid at the time the application for administrative subdivision is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an administrative subdivision application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Procedure and Approval.

(1) Assignment. An application for an administrative subdivision, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number.

(2) Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed administrative subdivision and asked to review and comment.

(3) Decision. The Zoning Administrator, upon receiving comments from the Technical Advisory Committee, shall make determination as to whether the petition complies with subsections (B)(1), Applicable Zoning Districts, (B)(2), Applicable Actions, and (C), Prerequisites, of this section, and satisfactorily addresses any comments or concerns raised by the Technical Advisory Committee. If the petition is in compliance, all submitted copies shall be approved and signed by the Zoning Administrator.

(4) Report to Plan Commission. At the first regularly scheduled Plan Commission meeting after an administrative subdivision approval, the approval shall be reported to the Plan Commission.

(5) Failure to Record. If an approved and signed administrative subdivision and requisite deed(s) are not recorded within 30 days from the date of approval and signature, the application and approval shall be deemed void. The Zoning Administrator shall report the failure to record the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred, and shall notify the petitioner, and shall clearly note failure to record in the County's record.

(F) Improvement Location Permits. No improvement location permits shall be issued until proof of recording has been received by the Zoning Administrator.

(G) Appeal of a Decision. If the administrative subdivision was reviewed by the Zoning Administrator, an appeal of the Zoning Administrator's decision shall be reviewed by the Plan Commission as though it were a primary plat application for non-platted parcels, see AMC § 18.192.130, or a secondary plat/plat amendment (replat) for existing platted lots, see AMC § 18.192.140. The decision of the Plan Commission shall:

(1) Affirm the decision of the Zoning Administrator;

(2) Affirm the decision of the Zoning Administrator with additional conditions and/or commitments;

(3) Reverse the decision of the Zoning Administrator; or

(4) Continue the petition to a definite future meeting date.

(Ord. 1746-2023)

§ 18.192.130 Subdivision of land – Primary plat.

(A) Purpose and Intent. A primary plat shall provide the Plan Commission or Plat Committee with the opportunity to review the details of a subdivision of land to determine compliancy with the provisions of this title. A primary plat shall also ensure the statutory requirements established in Indiana Code for the subdivision of land are met.

(B) Project Applicability: A primary plat shall be prepared in conjunction with any proposal to plat property within the jurisdictional area of the Plan Commission.

(1) Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(2) Exemptions. Condominiums regulated by IC 32-25 are exempt from this subdivision process outlined in this title.

(C) Prerequisites.

(1) Eligible Applicant. An application for primary plat petition shall be initiated by the owner of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized affidavit from the owner shall accompany the application.

(2) Preapplication Meeting. Prior to submitting an application for a primary plat, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances, review the procedures, and examine the proposed use and development of the site.

(3) Minor Plat Restrictions. A proposed division of land that includes one or more of the following shall not be considered a minor plat, but shall be considered a major plat and be heard by the Plan Commission:

(a) A new road(s), public or private, or improvements to an existing road;

(b) Divisions of land that result in four or more total lots (i.e., splitting one parcel into four lots);

(c) Any parcel or remnant parcel that requires waivers from applicable design standards; or

(d) Common area is required as stated in Division IV, Subdivisions, and Division V, Design Standards, of this title.

(D) Filing Requirements.

(1) Application. An application for a primary plat shall be made on forms provided by the Zoning Administrator.

(2) Deed. Recorded deed(s) for the property.

(3) Site Plan. A site plan, drawn to scale, that includes the following items:

(a) North arrow.

(b) Graphic scale.

(c) Proposed name of the subdivision.

(d) Engineer's and/or surveyor's name, contact information, and stamp.

(e) Owner's and developer's name and contact information.

(f) Area map showing the general location of the site referenced to major streets.

(g) Legal description of the site.

(h) Boundary lines of the site including all dimensions of the site.

(i) Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements.

(j) Layout, number, dimension, area, building setback lines on all lots.

(k) Location and dimensions of any existing structures.

(l) Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site or in close proximity to the site.

(m) Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.

(n) Proposed perimeter landscaping areas.

(o) Proposed entryway feature signs.

(p) Plan Commission or Plat Committee signature block.

(q) Adjacent property owners sufficient to determine title.

(r) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee. This may include the supporting information listed in AMC § 18.192.060(C)(11) for projects within the WH-O district.

(4) Access and Circulation. A site access and circulation plan shall be required, but may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale and shall include the following items:

(a) North arrow.

(b) Graphic scale.

(c) Proposed name of the subdivision.

(d) Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements within 100 feet of the site.

(e) All improvements to the street system on site and off site.

(f) Measurement of curb radius and/or flares.

(g) Location of proposed and existing sidewalk and trails with dimensions.

(h) Location and details of all proposed wayfinding signage.

(i) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.

(5) Traffic Impact Study.

(a) A traffic impact study may be required when a proposed development meets or exceeds the warrants of the Indiana Department of Transportation Traffic Impact Study Guidelines (150 or more dwelling units; 15,000 square feet or more of retail space; 35,000 or more square feet of office space; 70,000 square feet or more of industrial space; 30,000 square feet or more of educational space; 120 or more occupied rooms; 46,000 or more square feet of medical space; or any mixed use development which generates 100 or more peak hour trips in the peak direction).

(b) A registered professional engineer shall prepare and certify the traffic impact study. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the applicant shall meet with the Zoning Administrator and Director of Engineering to determine an appropriate scope for the traffic impact study.

(6) Utility Plan. A utility plan, drawn to scale, including the following items:

(a) Location of all existing and proposed easements.

(b) Location and size of all existing and proposed utility components including, but not limited to, sanitary sewer components (including inverts), water components (including hydrants), storm water components, electric, gas, telephone, and cable.

(c) Location, specifications, and illumination capacity of all lights.

(d) Names of legal ditches and streams in or adjacent to the site, including easement restrictions.

(e) Contours sufficient to illustrate storm water runoff.

(f) Storm sewer drainage plan including all infrastructure (manholes, catch basins, detention basins, etc), estimated runoff, and surface drainage patterns.

(g) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee.

(7) Statement of Development Build-Out. The applicant shall indicate, either on the required site plan or in writing, a statement of:

(a) The order of development of the major infrastructure elements of the project.

(b) Future section boundaries, if any.

(c) The order and content of each section.

(d) The estimate of the time frame for build-out of each section.

(8) Landscape Plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed perimeter landscaping and other landscaping that meets or exceeds the standards detailed in Division IV, Subdivisions, and Division V, Design Standards, of this title.

(9) Requested Waivers. An applicant may request up to two waivers for standards in Division V, Design Standards, of this title.

(E) Deadline and Submittal Materials. The following items shall be submitted by the deadline established in the Plan Commission Rules and Procedures:

(1) One hard copy of the application and applicable affidavits.

(2) Two hard copies of the plans.

(3) A .pdf (portable document format) copy of the application, plans, and all supporting documentation.

(4) A .dwg (drawing format) copy of the primary plat in Indiana East State Plane Coordinate System.

(F) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for primary plat is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a primary plat application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(G) Formal Procedure.

(1) Assignment. An application for a primary plat, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number. A minor primary plat shall be placed on the first Plat Committee agenda in accordance with the Plan Commission Rules and Procedures. A major primary plat shall be placed on the first Plan Commission agenda in accordance with Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the meeting date.

(2) Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed primary plat and asked to review and comment.

(3) Public Notice. Public notice shall be provided in accordance with Plan Commission Rules and Procedures. The costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the respective Plat Committee or Plan Commission meeting to present and explain the application for the primary plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for primary plat.

(5) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(6) Review. At their regularly scheduled public meeting, the Plat Committee or Plan Commission shall review:

(a) The application for the primary plat.

(b) All supporting information including the site plan, site access and circulation plan, elevations, etc.

(c) Information presented in writing or verbally by the Zoning Administrator, Technical Advisory Committee, or other applicable departments.

(d) The testimony of the applicant.

(e) Input from the public during the public hearing.

(f) Any applicable provisions of this title.

(g) Any applicable requirements of the City of Angola's Construction Standards.

(h) Any other information as may be required by the Plat Committee or Plan Commission to evaluate the application.

(7) Decision.

(a) The Plat Committee or Plan Commission shall make findings of fact and take final action or continue the application for primary plat to a defined future meeting date.

(b) Findings of Fact. The Plat Committee or Plan Commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the provision of this title or the City of Angola's Construction Standards with which there is not compliance or the manner in which the project is not consistent with the Angola Comprehensive Plan.

(i) The subdivision of land is consistent with the Angola Comprehensive Plan.

(ii) The subdivision of land satisfies the development requirements of Division IV of this title, Subdivisions.

(iii) The subdivision of land satisfies the standards of Division V of this title, Design Standards.

(iv) The subdivision of land satisfies any other applicable provisions of this title.

(v) The subdivision of land satisfies the construction requirements of the City of Angola's Construction Standards.

(c) Final Action.

(i) If the Plat Committee or Plan Commission finds all of the findings of fact in the affirmative, it shall approve or approve with commitments the application for the primary plat.

(ii) If the Plat Committee or Plan Commission does not find all of the findings of fact in the affirmative, it shall deny the application for the primary plat.

(d) Commitments. The Plat Committee or Plan Commission may require the applicant to make a written commitment concerning the primary plat. Any written commitments shall be recorded in the Office of the Steuben County Recorder within 60 days of the Plat Committee or Plan Commission's final action.

(e) The Zoning Administrator shall provide the applicant a final determination letter documenting the Plat Committee or Plan Commission's decision.

(H) Duration. An approved primary plat shall be valid for two years from the date the Plat Committee or Plan Commission grants approval. If a secondary plat for all or a portion of the primary plat is not filed within two years, the primary plat approval becomes null and void. The Zoning Administrator may grant one six-month extension.

(I) Modification.

(1) Minor Amendments. Minor amendments to an approved primary plat which do not involve an increase in the number of lots or intensity of land uses; designation of additional land uses; the reduction in perimeter yards; changes to circulation; the addition of driveways or access points; or reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. An example of a minor amendment could be the relocation of an easement. A minor amendment authorized by the Zoning Administrator shall be reported to the Plat Committee and/or Plan Commission at the next regular meeting.

(2) Major Amendments. If the Zoning Administrator or City Engineer determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in the number of lots, or intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for the primary plat.

(J) Appeal of a Plat Committee Decision. Such interested parties shall have five days after a Plat Committee decision to make an appeal or request a hearing by the Plan Commission. An appeal of the Plat Committee's decision shall be reviewed by the Plan Commission as though it were a primary plat application filed with the Plan Commission. The decision of the Plan Commission shall:

(1) Affirm the decision of the Plat Committee;

(2) Affirm the decision of the Plat Committee with additional conditions and/or commitments;

(3) Reverse the decision of the Plat Committee; or

(4) Continue the petition to a definite future meeting date.

(Ord. 1746-2023; Ord. 1302-2009 § 25; Ord. 1286-2008; UDO § 9.14; Formerly 18.200.010)

§ 18.192.140 Subdivision of land – Secondary plat/plat amendment (replat).

(A) Purpose and Intent. The secondary plat or plat amendment (replat) shall clearly define all construction matters and special conditions, as well as prepare the plans and documents for recording.

(B) Project Applicability.

(1) Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(2) No secondary plat or plat amendment (replat) of a subdivision of land shall be recorded in the Office of the Steuben County Recorder until the plat has been approved by the Plan Commission, Plat Committee, or Zoning Administrator in accordance with the following requirements, standards, and specifications, and such approval has been entered in writing on the plat by the President of the Plan Commission, Chair of the Plat Committee, or the Zoning Administrator.

(C) Prerequisites.

(1) Primary Plat. The application for a primary plat shall be approved by the Plat Committee or Plan Commission. If the primary plat approval included commitments, those commitments shall be recorded in the Office of the Steuben County Recorder.

(2) Infrastructure. A subdivision that is the subject of a secondary plat or plat amendment (replat) shall have all of the infrastructure improvements proposed in the primary plat installed to meet City of Angola's construction standards and accepted by the Board of Public Works and Safety, or the applicant shall have posted a performance surety for the cost of the infrastructure improvements that complies with AMC § 18.156.330, Surety standards.

(D) Filing Requirements.

(1) Application. The applicant shall submit an application form provided by the Zoning Administrator, including the status of infrastructure improvements.

(2) Plat for Recording. The applicant shall provide a plat for recording purposes that includes the following:

(a) North arrow.

(b) Graphic scale.

(c) Proposed name of the subdivision.

(d) Engineer's name, contact information, and stamp.

(e) Owner's and developer's name and contact information.

(f) Address for each lot, as approved by the Plan Commission.

(g) Area map insert showing the general location of the site referenced to major streets.

(h) Legal description of the site.

(i) Boundary lines of the site including all dimensions of the site.

(j) Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements.

(k) Location of all survey monuments and markers identifying lots.

(l) Lot number, dimension, area, and building setback lines for each lot.

(m) Floodplain Certification Statement referencing the appropriate FEMA Map Panel.

(n) Location of all floodway, floodway fringe areas, and wetlands within the boundaries or in close proximity to the site.

(o) Areas identified as block areas or common areas.

(p) Any other applicable statements including annexation nonremonstrance, agricultural nonobjections; etc.

(q) Adjacent property owners sufficient to determine title.

(r) Reference to a recorded survey completed in compliance with Rule 12 as found in IC 25-21.5.

(s) Signature block for Plan Commission, Plat Committee, or staff.

(E) Deadline and Submittal Materials. The following items shall be submitted. If the projects requires Plan Commission approval, the items shall be submitted by the deadline established in the Plan Commission Rules and Procedures:

(1) One hard copy of the application and applicable affidavits.

(2) Two hard copies of the plans.

(3) A .pdf (portable document format) copy of the application, plans, and all supporting documentation.

(4) A .dwg (drawing format) copy of the primary plat in Indiana East State Plane Coordinate System.

(F) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for secondary plat or plat amendment (replat) is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a secondary plat or plat amendment (replat) application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(G) Formal Procedure.

(1) Assignment. The Zoning Administrator shall review application and all supporting information. Should the Zoning Administrator determine Plan Commission or Plat Committee approval is necessary, the Zoning Administrator shall assign the secondary plat or plat amendment (replat) a case number and place it on the Plan Commission or Plat Committee agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant, in writing, if Plan Commission or Plat Committee approval is necessary and the date of the meeting. If the secondary plat or plat amendment (replat) cannot be approved administratively, the secondary plat or plat amendment (replat) shall be heard by the body that initially heard it, unless noted otherwise. For plats approved and recorded prior to the administrative subdivision and Plat Committee approval, the Zoning Administrator shall have discretion as to whether the secondary plat or plat amendment (replat) should be presented to the Plat Committee or Plan Commission.

(a) If the secondary plat or plat amendment (replat), originally approved as an administrative subdivision, includes any of the following modifications, the secondary plat or plat amendment (replat) shall be presented to the Plat Committee for approval.

(i) The secondary plat or plat amendment (replat) includes additional buildable lots not contained in the primary plat.

(ii) The secondary plat or plat amendment (replat) includes changes in access or circulation from the primary plat.

(iii) The secondary plat or plat amendment (replat) includes reduction of any lot size by more than 10 percent from the primary plat.

(iv) The secondary plat or plat amendment (replat) includes other changes that necessitate Plan Commission or Plat Committee approval as determined by the Zoning Administrator.

(b) If the secondary plat or plat amendment (replat), originally approved by the Plat Committee, includes any of the following modifications, the secondary plat or plat amendment (replat) shall be presented to the Plan Commission for approval.

(i) The secondary plat or plat amendment (replat) includes additional buildable lots not contained in the primary plat.

(ii) The secondary plat or plat amendment (replat) includes changes in access or circulation from the primary plat.

(iii) The secondary plat or plat amendment (replat) includes reduction of any lot size by more than 10 percent from the primary plat.

(iv) The secondary plat or plat amendment (replat) includes modifications from the primary plat that no longer comply with AMC § 18.192.130(C)(3).

(v) The secondary plat or plat amendment (replat) includes other changes that necessitate Plan Commission approval as determined by the Zoning Administrator.

(2) Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed secondary plat/plat amendment (replat) and asked to review and comment.

(3) Public Notice. Public notice shall be provided in accordance with Plan Commission Rules and Procedures if secondary plat/plat amendment (replat) requires Plan Commission approval. All costs associated with providing public notice shall be borne by the applicant.

(4) Review and Decision. The Zoning Administrator shall, based on comments from the Technical Advisory Committee, approve, approve with conditions, or deny the secondary plat/plat amendment (replat). In cases where the secondary plat or plat amendment (replat) is being heard by the Plan Commission or Plat Committee, the Plan Commission or Plat Committee shall review the comments from the Zoning Administrator and Technical Advisory Committee at a regularly scheduled public meeting and approve, approve with conditions or commitments, or deny the secondary plat/plat amendment (replat).

(H) Duration. An approved secondary plat/plat amendment (replat) and any conditions or commitments shall be recorded in the Office of the Steuben County Recorder within six months of the date of approval or become null and void.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.15; Formerly 18.200.020)

§ 18.192.150 Plat vacation.

(A) Purpose and Intent. The purpose of this plat vacation section is to outline the procedure employed by the city when considering a petition for the vacation of a subdivision. Further, the intent of this plat vacation section is to ensure that the statutory requirements in IC 36-7-3-10 and 36-7-4-700 series are met.

(B) Project Applicability.

(1) Applicable zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD.

(2) Public Right-of-Way. Vacation of a plat does not vacate an improved public right-of-way. The Angola Common Council shall approve improved right-of-way vacation following the statutory requirements in IC 36-7-3-12.

(C) Prerequisites.

(1) Eligible Applicant. An application for a plat vacation petition shall be initiated by all affected property owners of the land in a recorded plat. If the plat vacation petition includes the entirety of the recorded plat, the application shall include approval from all property owners. If the plat vacation petition is a partial vacation request, only the property owners affected shall provide approval.

(2) Preapplication Meeting. Prior to submitting an application for a plat vacation, the applicant(s) shall meet with the Zoning Administrator to review the zoning classification of the site, review the statutory requirements, review the procedures, and examine the proposed development of the property.

(3) Minor Plat Restrictions. A proposed plat vacation that includes one or more of the following shall not be considered a minor plat vacation, but shall be considered a major plat vacation and shall be heard by the Plan Commission:

(a) All owners of land in a plat are not in agreement regarding a proposed plat vacation;

(b) Roads or public ways have been constructed within the limits of the subdivision of land.

(D) Filing Requirements.

(1) Application. An application for a complete or partial plat vacation shall be made on forms provided by the Zoning Administrator.

(2) Deed. Recorded deed(s) for the property.

(3) Petition. The petition shall be submitted as part of the plat vacation instrument and shall:

(a) State the reasons for and the circumstances prompting the request;

(b) Specifically describe the property in the plat proposed to be vacated; and

(c) Give the name and address of every other owner of land in the plat.

(4) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission, Zoning Administrator, or Technical Advisory Committee.

(E) Deadline and Submittal Materials. The following items shall be submitted by the deadline established in the Plan Commission Rules and Procedures:

(1) One hard copy of the application, plat vacation instrument, petition, and applicable affidavits.

(2) A .pdf (portable document format) copy of the application, plat vacation instrument, and petition.

(F) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for plat vacation is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a plat vacation application that the City of Angola does not have adequate proficiency may constitute hiring a professional to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(G) Formal Procedures.

(1) Assignment. An application for a plat vacation, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number. A minor plat vacation shall be placed on the first Plat Committee agenda in accordance with the Plan Commission Rules and Procedures. A major plat vacation shall be placed on the first Plan Commission agenda in accordance with Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant(s) in writing of the meeting date.

(2) Internal Review. Upon assignment of a case number, the Technical Advisory Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments and other applicable agencies will be notified of the proposed secondary plat/plat amendment (replat) and asked to review and comment.

(3) Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. The costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Plan Commission meeting to present and explain the petition for the plat vacation and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for the plat vacation.

(5) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(6) Review. At its regularly scheduled public meeting, the Plat Committee or Plan Commission shall review:

(a) The application, petition, and plat vacation instrument for the plat vacation.

(b) All supporting information including the site, adjacent property, designated zoning district, etc.

(c) Information presented in writing or verbally by the Zoning Administrator, Technical Advisory Committee, or other applicable departments.

(d) The testimony of the applicant.

(e) Input from the public hearing, if applicable.

(f) Any applicable provisions of this title or Indiana Code.

(g) Any other information as may be required by the Plan Commission to evaluate the application.

(7) Decision.

(a) The Plat Committee or Plan Commission shall make findings of fact and take final action or continue the application for plat vacation to a defined future meeting date.

(b) Findings of Fact. The Plat Committee or Plan Commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the provisions of this title or Indiana Code with which there is not consistency.

(i) Conditions in the platted area have changed so as to defeat the original purpose of the plat.

(ii) It is in the public interest to vacate all or a part of the plat.

(iii) The value of that part of the land in the plat not owned by the petitioner will not be diminished by the vacation.

(c) Final Action.

(i) If the Plat Committee or Plan Commission finds all of the findings of fact in the affirmative, it shall approve or approve with commitments the application for the plat vacation.

(ii) If the Plat Committee or Plan Commission does not find all of the findings of fact in the affirmative, it shall deny the application for the plat vacation.

(d) Commitments. The Plat Committee or Plan Commission may impose a reasonable commitment concerning the plat vacation. Any written commitment shall be recorded in the Office of the Steuben County Recorder simultaneously with the plat vacation instrument.

(e) The Zoning Administrator shall provide the applicant a final determination letter documenting the Plat Committee or Plan Commission's decision.

(H) Duration. An approved plat vacation instrument shall be signed by the Plan Commission President and owner(s) of the vacated property and shall be recorded within 60 days from the date of the Plan Commission's approval. Failure to record the plat vacation instrument will render the approval null and void.

(Ord. 1746-2023)

§ 18.192.160 Unified development ordinance – Text amendment.

(A) Purpose and Intent. It may become necessary to amend the text of this title from time to time. The Plan Commission has the authority to hear a proposal to amend the text of this title. The Plan Commission shall make a recommendation to the Common Council concerning a proposal to amend the text of this title. The Common Council has the power to approve or reject a proposal to amend the text of this title.

(B) Project Applicability. Any proposal to add, remove, or alter a provision of this title shall follow the process outlined in this section.

(C) Prerequisites.

(1) Eligible Applicants. Members of the Common Council or members of the Plan Commission shall initiate a proposal to amend the text of this title. Persons who wish to propose an amendment to the text of this title and who are not members of the Common Council or Plan Commission shall find a sponsor among the Common Council or the Plan Commission to introduce the proposal.

(D) Filing Requirements.

(1) Application. A proposal for an amendment to the text of this title shall be prepared by the Zoning Administrator upon the direction of either the Common Council or the Plan Commission.

(2) Deadline. A proposal for an amendment to the text of this title may be filed any time.

(E) Formal Procedure.

(1) Assignment. The Zoning Administrator shall assign a case number and place the proposed amendment to the text of this title on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures.

(2) Internal Review. The Zoning Administrator shall be responsible for introducing the proposed amendment to the text of this title to the Technical Advisory Committee and other applicable departments and agencies that may have an interest in the proposed amendment. The Zoning Administrator shall also notify the Technical Advisory Committee and other applicable departments and agencies of the date of the Plan Commission meeting where the proposed amendment to the text of this title will be heard.

(3) Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures.

(4) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(5) Review. In preparing and considering proposals to amend the text of this title, the Plan Commission and the Common Council shall pay reasonable regard to:

(a) The Angola Comprehensive Plan.

(b) Current conditions and the character of current structures and uses in each district.

(c) The most desirable use for which the land in each district is adapted.

(d) The conservation of property values throughout the jurisdiction.

(e) Responsible development and growth.

(F) Decision.

(1) Final Action. The Plan Commission shall certify the amendment to the text of this title and forward the proposal to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.

(2) Effective Date.

(a) Unless an amendment to the text of this title provides for a later effective date, the amendment shall be effective when it is adopted under IC 36-7-4-607.

(b) When a provision prescribing a penalty or forfeiture for a violation is approved, it may not take effect until 14 days after the final day on which notice of its adoption is published; or the day on which it is filed in the office of the Clerk-Treasurer, whichever is later.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.16; Formerly 18.192.100)

§ 18.192.170 Zoning map amendment (rezoning).

(A) Purpose and Intent. It may become necessary to change the zoning of an area or a lot, thereby amending the official zoning map. The Plan Commission has the authority to hear a proposal to amend the official zoning map. This process is typically known as a "rezoning" of land. The Plan Commission shall make a recommendation to the Common Council concerning a proposal to amend the official zoning map. The Common Council has the power to approve or deny a proposal to amend the official zoning map.

(B) Project Applicability.

(1) Jurisdiction. Areas or lots shall be located within the jurisdictional area of the Plan Commission.

(2) Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a rezoning that has been denied by the Common Council within the last 12 months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a rezoning containing major changes may justify refiling within the aforementioned 12-month period.

(C) Prerequisites.

(1) Eligible Applicants.

(a) The Plan Commission may act as an applicant and initiate a zoning map amendment.

(b) Unless the Plan Commission has initiated a zoning map amendment, an application for a rezoning shall be filed by the owner, his agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

(2) Preapplication Meeting. Prior to submitting an application for a rezoning the applicant shall meet with the Zoning Administrator to review the current zoning district, the proposed zoning district, adjacent zoning districts and land uses, applicable ordinance provisions, the application packet, and the procedure involved.

(D) Filing Requirements.

(1) Application. An application for a rezoning shall be made on a form provided by the Zoning Administrator.

(2) Supporting Information. An application for a rezoning shall be accompanied by the following supporting information:

(a) Project Details. A description of existing conditions, existing use, and proposed use.

(b) Site Plan. A site plan, drawn to scale, that includes the following items.

(i) North arrow.

(ii) Graphic scale.

(iii) Address of the site.

(iv) Legal description of the site or survey.

(v) Boundary lines of the site including all dimensions of the site.

(vi) Names, center lines, and right-of-way widths of all adjacent streets, alleys, and easements.

(vii) Layout, number, dimension, and area of all lots.

(viii) Location and dimensions of all existing and proposed structures.

(ix) Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

(x) Existing and proposed use of each structure by labeling.

(xi) Distance of all structures from front, rear, and side lot lines.

(xii) Proposed landscaping buffers or landscaped areas.

(xiii) Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator. This may include the supporting information listed in AMC § 18.192.060(C)(11) for projects within the WH-O district.

(3) Deadline. An application for a rezoning shall be filed by the deadline established in the Plan Commission Rules and Procedures.

(4) Fees. The applicable fee from the city's fee schedule shall be paid at the time the application for a rezoning is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review a rezoning that the City of Angola does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city's fee schedule.

(E) Formal Procedure.

(1) Assignment. An application for a rezoning, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda in accordance with the Plan Commission Rules and Procedures. The Zoning Administrator shall notify the applicant in writing of the date of the meeting and provide the applicant with a legal notice.

(2) Internal Review. Upon assignment of a case number and hearing date, the Zoning Administrator shall review the application for a rezoning and all supporting information. The Zoning Administrator may forward the application for a rezoning and any other relevant information to the Technical Advisory Committee, Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, Steuben County Surveyor's Office, utility departments, or other applicable agencies. The Zoning Administrator may submit a written report to the Plan Commission stating facts concerning the physical characteristics of the area involved in the application for a rezoning, adjacent zoning, the surrounding land use, facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a rezoning and information from any other agency that reviewed the application for a rezoning. A copy of such report shall be made available to the applicant and anyone who requests a copy.

(3) Public Notice. Public notice shall be provided in accordance with the Plan Commission Rules and Procedures. All costs associated with providing public notice shall be borne by the applicant.

(4) Attendance. The applicant shall be present at the Plan Commission meeting to explain the application for a rezoning and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a rezoning.

(5) Public Hearing. A public hearing shall be held in accordance with the Plan Commission Rules and Procedures.

(6) Review. At its regularly scheduled public meeting, the Plan Commission shall review:

(a) The application for rezoning.

(b) All supporting information.

(c) Information presented in writing or verbally by the Zoning Administrator or other applicable department.

(d) Input from the public during the public hearing.

(e) Any applicable provisions of this title.

(f) Any other information as may be required by the Plan Commission to evaluate the application.

(7) Decision.

(a) The Plan Commission shall take final action or continue the application for a rezoning to a defined future meeting date. The Plan Commission shall pay reasonable regard to the following factors before taking final action.

(i) The Angola Comprehensive Plan.

(ii) Current conditions and the character of current structures and uses in each district.

(iii) The most desirable use for which the land in each district is adapted.

(iv) The conservation of property values throughout the jurisdiction.

(v) Responsible development and growth.

(b) Final Action. The Plan Commission shall certify the amendment to the official zoning map and forward the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The Plan Commission may also recommend commitments concerning the use and/or development of the land in connection with the application for rezoning. The Common Council makes the final determination regarding an application for rezoning and any recommended commitments by ordinance.

(F) Duration. A rezoning shall be effective from the date of its final approval by the Common Council.

(G) Modification. Modification to an approved zoning map amendment shall not be permitted.

(Ord. 1746-2023; Ord. 1286-2008; UDO § 9.18; Formerly 18.192.120)