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(A) Intent of district. The purposes of these regulations are to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and the intent of the zoning provisions of this chapter. The use of Planned Unit Development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas and/or foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working.
(1) The Planned Unit Development (PUD) regulations and procedures may apply to the redevelopment of presently developed lands, or the development of open or vacant lands, and may apply to parcels of relatively small size as well as large-scale developments and their relationship with other surrounding uses and the overall characteristics of the area in which they are located.
(2) PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing the quality of life.
(3) PUD projects should also encourage a more efficient use of land that reflects the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.
(4) In furtherance of the purpose and intent of PUD, the use regulations and restrictions in the preceding articles shall not be applied or be applicable to or in a Planned Unit District.
(B) General design provisions.
(1) Minimum area requirements. The minimum area required for PUD zoning shall be a gross land area of three acres, provided, however, that no commercial or industrial uses shall be permitted in a PUD containing a gross land area of less than five acres.
(2) Location of PUD Districts. The PUD zoning district may be applicable to any current zoning district with the exceptions of the C1 Conservancy Zone, M1 General Industrial Zone, M2 Heavy Industrial Zone and M3 Hazardous Waste Disposal Zone where the applicant can demonstrate that the proposal will meet the objectives of this section.
(3) Intensity of land use. Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater number of structures per gross acre than is usually permitted in a traditionally zoned district. The Commission shall determine in each case the appropriate land use and density for individual projects or sections thereof.
(C) Organization of proposals. Any person or group of persons may prepare a PUD district in accordance with the procedures hereinafter established. A parcel or site proposed for a PUD need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners have given their expressed intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprises, and assure its completion as planned to the satisfaction of the Plan Commission.
(D) Filing procedure.
(1) The authorization of a PUD shall be subject to the procedures expressed herein.
(2) Submission of a petition and all other documents required for rezoning for the PUD classification, which permits shall be signed by the owners of all real estate involved in the petition for the PUD, or which petition shall have attached thereto the notarized consent of all such owners to the filing of such a petition, and to the change to a PUD classification of their real estate included.
(3) The petition, which shall include a preliminary plan and plat for the real estate proposed for developments as a PUD, shall be filed with the Administrator. The preliminary plan and plat shall include:
(a) Proposed layout of streets, open spaces and other basic elements of the plan;
(b) Identification of location and types of structures and their use categories within the area, including proposed densities of said uses;
(c) Proposals for handling traffic, parking, water supply, sewage disposal, storm drainage, tree preservation and removal, landscaping, lighting, signage and other pertinent development features;
(d) A separate location map to scale shall show the boundary lines of adjacent land and existing zoning of the area proposed to be developed as well as the adjacent land;
(e) The condominium declaration (if applicable), a document creating an owners’ association, and any covenants to be made a part of the PUD as well as the order and estimated time of development;
(f) A statement of the proposed order of development of the major elements of the project, including whether the development will be accomplished in phases, and if so, the order and content of each phase;
(g) A legal description of the property;
(h) The specific uses to be allowed;
(i) All specific developmental standards applicable; and
(j) An itemized and specific list of all documents presented as applicable to the PUD.
(4) The preliminary plan shall be presented in triplicate and to a scale ratio not to exceed 100 feet equals one inch. The preliminary plan may include any additional graphics that will explain the features of the development. It shall also be provided by applicant to the following checkpoint agencies for their review and comment:
(a) The Administrator of the Plan Commission for review by the Technical Review Committee composed of the County Engineer, County Surveyor, Plan Commissioner Planner, Administrator and the Plan Commission President or the President’s appointee;
(b) County Engineer;
(c) County Surveyor;
(d) Drainage Board;
(e) Appropriate utility companies;
(f) County Police Department;
(g) Appropriate Fire Department;
(h) Appropriate School Corporation; and
(i) County Soil and Water Conservation District.
(5) Within 25 working days after filing, the Administrator shall meet with the petitioner regarding the preliminary plan and checkpoint agency comments. Checkpoint agency personnel may attend this meeting to provide comments. After such consultation, the petitioner may make modifications to the petition.
(6) After the meeting described in division (D)(5) above and after making any modifications to the proposed preliminary plans, the petitioner shall file in triplicate a “final proposed preliminary plan”, which shall:
(a) Include all documents included in the preliminary plan;
(b) Include an index identifying all documents included in the preliminary plan;
(c) Include a cover sheet indicating that it is the final proposed preliminary plan and indicating the date and zoning case file label; and
(d) Be bound or stapled together and all documents therein reduced to a size no larger than eight and one-half by 11 inches, except for the maps, sketches and plat (if any).
(E) Preliminary plan hearing.
(1) The petition, if and as modified, shall then be heard by the Plan Commission as a petition for zoning map amendment and subject to the procedures applicable thereto. The Plan Commission may recommend approval or disapproval of the plan and may impose any reasonable condition(s) with its affirmative recommendation. If disapproval is recommended, the application shall be forwarded to the County Board of Commissioners with a recommendation to deny. If approval is recommended, the preliminary plan shall be stamped “approved preliminary planned unit development”, and be signed by the President and Secretary of the Plan Commission. One copy shall be permanently retained in the office of the Plan Commission, one copy and all conditions shall be certified as described in division (E)(2) below.
(2) The approved preliminary planned unit development shall then be certified to the County Board of Commissioners for adoption as a Planned Unit Development District pursuant to the laws governing proposals to change zoning maps. Upon adoption by the legislative body, the petitioner shall prepare the final detailed plan.
(F) Final review: approval of final detailed plan.
(1) Before any development takes place, the petitioner shall file with the Plan Commission a minimum of seven sets of the final detailed plan specifying the location, composition and engineering features of all lots, storm drainage, sanitary sewage, water supply facilities, public or private streets, recreation facilities, site perimeter treatment, landscaping, utilities, plat and other site development features including locations of buildings. The petitioner shall also file the original of all signed and notarized documents pertaining to restrictive covenants, condominium declaration and/or the creation of homeowners association, along with financial assurance for the satisfactory installation of all public improvements in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the subdivision provisions of this chapter. The Plan Commission shall then approve said final detailed plans by resolution duly adopted, upon an affirmative finding that the final detailed plan is consistent with the approved preliminary planned unit development as adopted and passed by the County Board of Commissioners upon rezoning. Having once approved the final detailed plan, the Plan Commission shall have not further authority to review or act thereon, except as to enforcement, any amendatory ordinance, or as hereafter provided for.
(2) The approved preliminary plan may provide for development of the property involved in phases. If such phasing is included as a part of the approval of the preliminary plan, the petitioner may submit partial final detailed plans that correspond to the phases involved. Such partial final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for an entire Planned Development.
(3) The approved final detailed plan or phase thereof shall be stamped “Approved Final Detailed Planned Unit Development” and be signed by the President and Secretary with one copy permanently retained in the office of the Plan Commission following recordation.
(4) Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within two years and approval of the balance of the final detailed plan shall be obtained within five years after adoption of the Planned Unit Development District by the County Board of Commissioners.
(5) In the event that approval of a final detailed plan is not timely obtained, the Plan Commission may initiate an amendment to the zoning map to return said land to its prior classification.
(6) In the exercise of continuing jurisdiction, the Administrator may from time to time approve only minor modifications of the approved final detailed planned unit development in a manner consistent with the approved preliminary planned development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, or any change in type of use, or any change in access points. Except for those modifications which may be approved by the Administrator, any other modifications shall require a petition to the Plan Commission under the same procedures as rezoning and accordance with this section as an original PUD application.
(7) Approval of a final detailed plan shall expire after a period of five years from the approved phasing of the preliminary plan unless the development is 50% completed in terms of public improvements including streets, open space, walkways, utility installations and sanitary sewers. The Plan Commission, upon recommendation of the Administrator, shall make determination of the amount of completion. Following expiration of the final detailed plan, the county shall declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.
(G) Covenants and maintenance.
(1) All covenants, when required by the Plan Commission, shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the Plan Commission President and Secretary upon authorization by the Plan Commission and all of the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan Commission and shall be specifically enforceable by the Plan Commission when required by the Plan Commission in addition to the property owners.
(2) The Plan Commission may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semi-public purposes. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioner shall then submit for approval by the Plan Commission a modified final detailed plan for such land, otherwise consistent with the approved preliminary planned unit development.
(3) The Commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in a planned unit development. Such development standards may include, but are not limited to, requirements as to the following:
(a) Lot area;
(b) Floor area;
(c) Ratios of floor space to land space;
(d) Area in which structures may be built (“buildable area”);
(e) Open space;
(f) Setback lines and minimum yards;
(g) Building separations;
(h) Height of structures;
(j) Off-street parking and loading space;
(k) Design standards (including landscaping requirements); and
(l) Phasing of development.
(4) An Owner’s Association shall be formed with direct responsibility to, and control by, all property owners in the PUD to provide for the maintenance of all open spaces and active recreation space located within the PUD. Legal assurance shall be provided and recorded which shows that the Homeowners Association is self-perpetuating.
(5) Adequate provisions shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities and space including private streets jointly shared by such property owners if such facilities are a part of the planned unit development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating. In addition, the private organization shall have the power to enforce covenants and restrictions.
(6) Common facilities that are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(7) All private streets shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, school, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(H) Recording of plans.
(1) All approved final detailed planned unit development plans and plats and modifications thereto shall be recorded in the office of the County Recorder within two years after approval, but before any development takes place.
(2) Failure to record shall automatically void the approval of the final detailed planned unit development.
(3) Where upon completion of all development, the exact measurements, as to the location of buildings or structures erected during the development, are deemed desirable for public record by recording thereof, the developer may submit a copy of the approved final detailed planned unit development to the Administrator as an amended approved final detailed planned unit development with the exact measurements thereon shown, and upon being satisfied that the measurements are substantially the same as indicated on the original approved final detailed planned unit development, shall reapprove, date and sign said amended approved final detailed planned unit development, which the developer shall then record.
(I) Permit. A building permit may be issued for lots within a planned unit development district upon full compliance with all pre-construction provisions of the approved final detailed planned unit development.
(1) No construction or installation work shall be done on any public improvements until the petitioner has, at least 24 hours in advance, notified the appropriate governmental inspector(s) of his or her intention to begin such work, in order that inspections may be made as the work progresses.
(2) All development shall be in conformity with the approved and recorded final detailed planned unit development and any material deviations from the approved and recorded final detailed planned unit development shall be subject to appropriate enforcement action as provided for in this chapter.
(K) Extensions, abandonment and expiration.
(1) Extensions of the time for accomplishing any matters set forth herein may be granted by the Plan Commission at a public hearing for good cause shown, if requested prior to the expiration of the applicable time period.
(2) Upon the abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved final detailed planned unit development for 24 consecutive months), or upon the expiration of five years from the approval of a final detailed planned unit development for a development which has not been completed, an amendment may be initiated as provided by law to the zoning map so that the land will be zoned into a category or categories which most nearly approximate its then existing use or such other zoning category or categories which the legislative body deems appropriate.
(L) Rules of procedure. All proceedings brought under this section shall be subject to the rules of procedure of the Plan Commission, where not inconsistent with the procedure otherwise stated herein.
(M) Limitation of rezoning. The Plan Commission shall not initiate any amendments to the zoning map concerning the property involved in a PUD before completion of the development as long as the development is in conformity with the approved final detailed planning unit development and is proceeding in accordance with the time requirements imposed herein.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 9-16-2010)