Loading...
A. Procedure.
1. All Telecommunications facilities must apply for a location improvement permit that indicates compliance with the standards listed herein.
B. Setbacks.
1. All telecommunication towers shall be set back from any property line a distance equal to at least eighty percent (80%) of the height of the tower;
2. A telecommunication tower shall be five hundred feet (500') from any residential structure; and
3. Telecommunication towers are generally not permitted in established front yards, except where evidence provided by the petitioner demonstrates that placement in an established front yard would provide the best camouflage for the tower.
C. Buffer Requirements.
1. The location of the tower and equipment buildings shall comply with all local, State and federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a telecommunication facility:
a. An eight-foot (8') high wood fence or brick masonry wall shall completely surround the entire telecommunications facility, excluding guy wires;
b. A live evergreen screen consisting of a hedge, planted five feet (5') on center maximum, or a row of evergreen trees planted a maximum of ten feet (10') on center shall be planted outside the fence around the entire telecommunication facility and each of the guy wires and anchors, if used, and the height of all plants at the time of planting shall be no less than five feet (5');
c. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible on the entire site;
d. Existing evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.
D. Access. Proposed telecommunication towers and antennas shall meet the following access requirements:
1. Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible; and
2. The telecommunication facility shall be fully automated and unattended daily, and may be visited only for periodic maintenance, emergencies, installations or equipment removal.
E. Design. Proposed telecommunication towers and antennas shall meet the following design requirements:
1. All telecommunication towers shall be a monopole design.
2. Telecommunication towers and antennas shall be designed to blend into the surrounding environment using camouflaging, color and architectural treatment, except in an instance where the color is dictated by federal or State authorities such as the Federal Aviation Administration (FAA).
3. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. If the facility is screened one hundred percent (100%) during all seasons with an eight-foot (8') tall wood privacy fence and evergreen screen, other materials may be approved.
4. Lighting for safety or security reasons or required by the FAA or other federal or State authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.
F. Collocation Requirements.
1. At a minimum, a monopole shall be constructed to support the initial user plus the anticipated loading of the number of additional users required in accordance with this Ordinance.
2. Minimum number of additional antenna sites to be provided on an eighty (80)-foot tower is two (2).
3. The site of the initial telecommunication tower and telecommunication facility shall be of sufficient area to allow for the location of additional equipment.
4. Any proposed telecommunication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate both the initial use and the additional users as required in accordance with this Ordinance. Telecommunication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.
G. Siting Requirements. A proposal for a new telecommunication tower shall not be approved unless the petitioner submits verification that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or buildings or other structure due to one or more of the following reasons:
1. The planned telecommunication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost.
2. The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost.
3. The existing or approved towers, buildings or structures within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
4. Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved tower, building or structure.
5. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings or structures.
6. Additional land area is not available at the base of existing towers, buildings or structures to accommodate the proposed telecommunication facility.
H. Construction Requirements. All antennas, telecommunication towers, accessory structures and any other wiring constructed within the Plan Commission’s jurisdiction shall comply with the following requirements:
1. All applicable provisions of this Ordinance and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable.
2. All telecommunication towers and telecommunication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Building Code, as amended, and the Electronics Industry Association.
3. Except for necessary electric and telephone service and connection lines approved by the Board of Public Works and Safety (BPWS), no part of any telecommunication equipment, telecommunication tower, lines, cables, equipment, wires or braces in connection with either shall, at any time, extend across or over any part of a right-of-way, public street, highway, sidewalk, trail or property line without appropriate approval in writing.
4. All telecommunication towers and telecommunication equipment shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
5. All telecommunication towers and telecommunication equipment shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).
6. All signal and remote-control conductors of low energy extending substantially horizontally above the ground between a tower and other telecommunication equipment, or between towers, shall be at least ten feet (10') above the ground at all points, unless buried underground.
7. All telecommunication towers and telecommunication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
8. An engineer’s certification shall be submitted for all telecommunication towers and all other telecommunication equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all collocation sites, strength requirements to withstand natural forces such as ice, wind, earth movements, etc.
9. All telecommunication towers and telecommunication equipment shall be designed and constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with one-half (½) inch of ice and to accommodate all collocation sites as required by this Ordinance.
I. Existing Structures. The following shall apply to existing antennas, telecommunication towers and telecommunication equipment:
1. Existing structures may continue in use for the purpose now used and as now existing but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this Ordinance.
2. All requests to install any telecommunication equipment on an existing approved or “grandfathered” tower, building or structure shall be submitted to City Engineer for approval. All such requests will only require an electrical permit, City Engineer approval, and the contract between the petitioner and the owner of the existing tower, building or structure, unless other approvals are required as set out in this Ordinance.
J. Inspection of Towers. The following shall apply to the inspection of telecommunication towers:
1. All telecommunication towers may be inspected at least once every year - or more often as needed to respond to complaints received - by the City Engineer, and/or a qualified and licensed consulting engineer to determine compliance with the original construction standards. Deviation from original construction for which any permit was obtained constitutes a violation of this Ordinance.
2. Notice of Violation will be sent by registered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner is required to notify the City Engineer that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
K. Abandoned Towers. Any telecommunication tower unused or left abandoned for six (6) months will be removed by the tower owner at its expense. Should the owner fail to remove the telecommunication tower after thirty (30) days from the date a notice of violation is issued, the City may remove the telecommunication tower and bill the owner for the costs of removal and cleanup of the site.
L. Small Cell Wireless Facilities. The placement of small cell facilities and associated supporting structures in the right-of-way is considered a permitted use and exempt from local zoning review as per the State of Indiana so long as the height does not exceed fifty feet (50'), or the height of any utility pole placed on or before July 1, 2017 within five hundred (500) of the proposed small cell facility, plus ten feet (10'). Small cell wireless facilities must comply with additional standards set by the Federal Communications Commission (FCC).
(Ord. 20-29, § 2, 9-21-20)
The land uses and activities within this section shall comply with the use-specific provisions provided herein, in addition to all other applicable provisions of this Ordinance. The use-specific provisions are listed below:
A. Detached Single-Family Home.
1. All detached single-family homes require sixteen feet (16') of separation between the neighboring detached single-family homes, which shall be measured from the nearest wall of the primary structure.
2. Carports and sheds shall not be constructed from metal.
B. Community Garden.
1. Community Gardens are permitted in any district or zone and may include the following uses:
a. The cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity;
b. A community garden may not exceed one (1) acre;
c. Animals may not be kept in community gardens;
d. Greenhouses, hoop houses, cold frames, and similar structures for the growing of plants;
e. Sheds, gazebos, and pavilions, and similar structures as accessory uses; and
f. Compost bins as an accessory use.
2. Community Gardens must adhere to the following standards:
a. Composting receptacles must be located no less than ten feet (10') from adjacent lot line and must be screened using plantings no less than four feet (4') tall, or a wood, stone or brick fence. Composting receptacles must be kept in good order, free of vermin;
b. Impervious surfaces shall be limited to a maximum of twenty percent (20%) of the total property area;
c. Accessory structures shall adhere to the accessory structure heights limits for its respective district or zone; and
d. Signage must adhere to the regulations that pertain to the underlying district or zone. If the community garden is located in a residential zone, one unlit sign is permitted, affixed to a fence or accessory structure, no larger than ten (10) square feet.
C. Manufacturing - Artisan. Artisan manufacturing uses shall not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree that is readily detectable at any point beyond the property line of the use.
D. Auction Facility.
1. Speakers related to the auction use may not face toward adjacent uses and must face inward to the site and the auction activities;
2. No speaker shall be allowed within thirty feet (30') of a lot line;
3. All noises generated shall comply with the Greenwood Noise Regulations; and
4. Outdoor storage areas shall be screened from adjacent uses by shrubs that are a minimum of four feet (4') tall.
E. Equipment Repair - Heavy.
1. No more than twenty (20) vehicles shall be stored at any one time, and no individual vehicle may be stored for longer than eighty (80) days;
2. All noises generated shall comply with Greenwood Noise Regulations; and
3. Outdoor storage areas must comply with the standards of this Division.
F. Bed and Breakfast.
1. The principal building of the bed and breakfast establishment shall be the primary residence of the owner or manager of the bed and breakfast use;
2. A bed and breakfast establishment shall comply with all other provisions of the zone in which it is located and shall comply with all other ordinances of the City; and
3. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast establishment.
G. Short-Term Rental Residences.
1. Within the RL, RM, and RA zones the proprietor of the short-term rental property must also have a primary residence on site;
2. Within the RL, RM, and RA zones, guests over the age of 18 shall be limited to six (6) for any single property;
3. All short-term rental units must have operational fire extinguishers, smoke detectors and carbon monoxide detectors; and
4. Guest stays within short-term rental properties shall not exceed forty (40) days.
H. Indoor Sporting/Entertainment Complex.
1. All recreational activities must take place in an enclosed space;
2. All noise, whether directly from the activity or from a facility announcement system, may not be audible to adjacent uses; and
3. Outdoor storage of associated equipment is not permitted.
I. Outdoor Sporting/Entertainment Complex.
1. If within one thousand feet (1,000) from a residential property, all noise generated from amplified entertainment or announcement systems may only operate between the hours of 7:00 a.m. and 11:00 p.m. and must adhere to Greenwood Noise Ordinance; and
2. All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.
J. Agricultural uses.
1. Agricultural uses includes Agricultural Processes, Enclosed Confined Feeding, Animal Cultivation Facilities must adhere to the following standards:
2. Agricultural processing, due to potential noise, odor or other negative externalities, may not occur within three hundred feet (300') of a lot line;
3. Agricultural processing activities must occur in an enclosed or covered facility;
4. For all new Agricultural Processing facilities, a waste management plan addressing the storing, handling and disposing of all waste by-products of the processing activities shall be submitted with the site plan for review and approval. This plan should characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose or reuse the wastes in an environmentally sound manner which does not result in adverse environmental impacts, nuisance complaints or health hazards; and
5. All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.
K. Vehicular Care Services - Major / Vehicular Care Services - Non-Major. Vehicular Care Services, whether Major or Non-Major, must adhere to the following standard:
1. Vehicular Care Services may not be located outside and must be located within an enclosed primary or secondary structure.
2. Equipment associated with Vehicular Care Services may not be located outside and must be located within an enclosed primary or secondary structure.
L. Fueling Stations.
1. May include up to eight (8) fuel stations with up to sixteen (16) total pumps.
2. Shall not be located within one hundred fifty feet (150) of State Road 135.
3. Shall not be located within six hundred feet (600') of another fueling station; except that two (2) fueling stations may be allowed at street intersections.
4. May not be located with four hundred feet (400') of residential properties.
5. Support columns of canopies shall be brick wrap.
M. Alcohol Sales.
1. Package liquor stores are not permitted in the Interstate Commercial Zone.
N. Tractor-Trailer Parking, Impound.
1. Shall only be permitted in IL.
2. Shall not be within five hundred feet (500') of residential property.
3. Shall not be along Main Street, Worthsville Road, or County Line Road.
4. Requires a large buffer yard on all sides.
O. Outdoor storage.
1. Must be completely screened from view of neighboring properties or rights-of-way.
2. Shall not be located within one thousand feet (1,000') of residential property.
3. Shall not be located in any front yard.
P. Solar Facilities.
1. Solar array is allowed in connection with any residential, institutional, industrial or commercial use when they meet all of the following requirements in addition to the requirements for accessory structures herein shall not:
a. Be located in any front yard.
b. Be attached to the front elevation of any structure or building.
c. Wherever practical and possible, be located on a lot so as not to be visible from the public right-of-way.
2. Roof-mounted solar array is permitted in all residential and commercial zones or districts containing residential or commercial uses provided they are integrated into the roof, mounted no higher than four inches (4") above the roof on sloped residential roofs, or are located on a flat roof behind a parapet wall.
3. No infrastructure, including but not limited to conduit, mounting structures, and cables, related to any solar array shall be visible from any right-of-way.
Q. Emergency Radio Coverage in All New Commercial Buildings over 10,000 Square Feet. All new commercial buildings over ten thousand (10,000) square feet GFA shall have approved radio coverage for emergency responders within buildings based on the existing coverage levels of the public safety communication system of the jurisdiction at the exterior of the building, except in the following instances:
1. A wired communication system is allowed in lieu of an approved radio coverage system;
2. Where the City’s fire code official determines that the system is not needed; or
3. Where the City’s fire code official approves an automatically activated emergency responder radio coverage system in cases where the otherwise required system or its components or equipment could have a negative impact on the normal operations of the facility.
R. The following uses are excluded for all parcels located within one hundred fifty feet (150') of State Road 135:
Auction house/lot;
Automotive repair and service (south of Stones Crossing Road only);
Automobile sales;
Mobile home sales;
Truck/equipment sales;
Trucks tops, vehicle wash or vehicle fuel stations;
Truck garages, body shops, vehicle service and repair stations;
Truck or trailer storage yards;
Farm implement sales;
Children’s home/group home (those protected under Ind. Code § 16-13-21-12 and all other types of group homes);
Billiard parlor;
Recreations vehicle sales;
Boat sales;
Cold storage locker;
Meat locker/freezer;
Grain elevator/feed/fertilizer;
Junk yard/salvage yard;
Vehicle/boat/RV storage;
Kennels;
Construction other than buildings - heavy contractor;
Construction - special trade contractors;
Above-ground bulk storage tanks;
Mobile homes/mobile home parks;
Outdoor theater;
Public warehouse/self-storage facilities;
Race track;
Raising breeding non-farm fowl/animals;
Riding academies/boarding stables;
Roadside sales/stands (Except for agricultural uses);
Plant nurseries;
Vineyards/orchards;
Wildlife/nature preserves;
Conservation district;
Forestry preserve;
Building construction - general contractor; Botanical/zoological gardens
S. Bee Keeping.
1. Residential properties up to one (1) acre are permitted one (1) hive. Additional hives shall be allowed at a rate of one (1) per acre of property to a total of four (4) hives.
2. Hives on residential properties must be placed no closer than thirty feet (30') from a property line.
3. Agricultural properties are not limited on the number of hives, but the hives shall be located at least one hundred feet (100') from any property line.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
A. Purpose. The purpose of the Planned Unit Development (PUD) is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character, and quality of new developments; to encourage a harmonious and appropriate mixture of uses; to facilitate the adequate and economic provision of streets, utilities, and City services; to preserve the natural environmental and scenic features of the site; to encourage and provide a mechanism for arranging improvements on sites so as to preserve desirable features; and to mitigate the problems which may be presented by specific site conditions. It is anticipated that Planned Unit Developments will offer one or more of the following advantages:
1. Reflect the policies of the Comprehensive Plan specific to the neighborhood in which the PUD is to be located;
2. Provide substantial buffers and transitions between areas of different land use and development densities;
3. Enhance the appearance of neighborhoods by conserving areas of natural beauty, and natural green spaces;
4. Counteract urban monotony and congestion on streets;
5. Promote architecture that is compatible with the surroundings;
6. Buffer differing types of land use and intensities of development from each other so as to minimize any adverse impact which new development may have on existing or zoned development;
7. Promote and protect the environmental integrity of the site and its surroundings and provide suitable design responses to the specific environmental constraints of the site and surrounding area; and
8. Effectuate implementation of the Comprehensive Plan.
B. Conformance. Planned Unit Development is an area under single ownership or control to be developed in conformance with an approved PUD master plan, consisting of a map showing the development area and all improvements to the development area, a text which sets forth the uses and the development standards to be met, and exhibits setting forth any aspects of the PUD master plan not fully described in the map and text. The map, exhibits, and text constitute a PUD master plan. The uses and standards expressed in the PUD master plan constitute the use and development regulations for the Planned Unit Development site in lieu of the regulations for the underlying district or zone.
C. Requirements.
1. The area designated in the Planned Unit Development map must be a tract of land under single ownership or demonstrated control. Single control of property under multiple ownership may be accomplished through the use of enforceable covenants and commitments, which run to the benefit of the Plan Commission.
2. The Concept Plan shall indicate the land use, development standards, and other applicable specifications of the Municipal Code, which shall govern the Planned Unit Development. If the Concept Plan is silent on a particular land use, development standard, or other specification of the Municipal Code, the standard of the underlying district or zone, the applicable regulations shall apply.
3. The Planned Unit Development map shall show the location of all improvements. The location of Planned Unit Developments shall be designated on the Official Zoning Map and adopted pursuant to this Division.
4. The Planned Unit Development must comply with all required improvements, construction standards, design standards, and all other engineering standards contained within the Municipal Code and other pertinent regulations, except where specifically varied through the provisions of this Section.
5. Designation and Conveyance of Permanent Open Space.
a. Definition. Permanent open space shall be defined as parks, playgrounds, waterways (as defined in paragraph b. of this subsection, landscaped green space, and natural areas, not residential yard space surrounding dwelling units, and not including schools, community centers or other similar areas in public ownership.
b. Designation. No plan for a Planned Unit Development shall be approved unless such plan provides for permanent landscaped or natural open space. A minimum of twenty-five percent (25%) of the proposed Planned Unit Development area shall be designated as Permanent Open Space. No more than thirty-five percent (35%) of the required permanent open space can be covered by water defined as the high- water elevation, including detention and retention ponds. The remaining permanent open space must be usable space, and the developer must provide the necessary facilities to make them usable.
c. In the case of mixed uses, permanent open space shall be allocated to the property in proportion to the uses assigned to the Planned Unit Development and shall be located in a reasonable proximity to those uses. Provided, however, the permanent open space need not be located in proximity to the use in the case of preservation of existing features.
d. If the Concept Plan provides for the Planned Unit Development to be constructed in stages, open space must be provided for each stage of the Planned Unit Development in proportion to that stage.
e. Conveyance. Permanent open space shall be conveyed in one of the following forms:
i. To a municipal or public corporation; or
ii. To a not-for-profit corporation or entity established for the purpose of benefiting the owners and tenants of the Planned Unit Development, or where appropriate and where approved by the Plan Commission and the Common Council, adjoining property owners, or both. All conveyances shall be structures to ensure that the grantee has the obligation and the right to effect maintenance and improvement of the common open space; and that such duty of maintenance and improvement is enforced by the owners and tenants of the Planned Unit development and, where applicable, by adjoining property owners; or
iii. To owners other than those specified in subsections i. and ii. above, and subject to restrictive covenants describing and guaranteeing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners; or both; or
iv. Uses permitted in a Planned Unit Development may be any use which is found in the Master List of Uses by Zone and District, Division II, Sec. 10-02-11, subject to the approval of the Plan Commission and Common Council.
D. Procedure for Approval.
1. Introduction. Application shall be accompanied by all plans and documents required by Sec. 10-03-17 E. A three-step application process shall be used. The steps in the process are:
a. Pre-Design Conference;
b. Concept Plan Approval; and
c. PUD Master Plan Approval.
2. Pre-Design Conference. Prior to filing a formal application for approval of a Planned Unit development, the applicant shall schedule a pre-design conference with the planning staff. The purpose of the pre-application conference shall be to:
a. Allow the applicant to present a general concept and to discuss characteristics of the development concept in relation to adopted City policies.
b. Allow the planning staff to inform the applicant of applicable policies, standards, and procedures for the Planned Unit Development.
c. The pre-design conference is intended only for the above purposes. Neither the developer nor the jurisdiction is bound by any decision made during a pre-application conference.
3. Procedure for Concept Plan Approval (PUD Rezoning)
a. The Concept Plan, application for the Planned Unit Development, and written development standards shall be submitted to the Planning Director. Written development standards shall include, at a minimum, the following information:
i. Minimum lot size;
ii. Maximum height;
iii. Minimum setbacks;
iv. Maximum floor area;
v. Minimum open space;
vi. Any other relevant development standard, as determined by planning staff. The planning staff shall certify the application to be complete. Planning staff shall initiate review of complete applications by the technical review committee.
b. Review.
i. The application and the results of the review shall then be forwarded to the Plan Commission for its consideration, public hearing, and recommendations, together with the Planning Department’s report and such other documents as may be pertinent to the Planned Unit Development.
ii. The Plan Commission shall hold a public hearing in accordance with its Rules of Procedure.
iii. Where there are environmentally sensitive features on the site or the PUD master plan is expected to be complex, or there are other important planning implications involved, the Plan Commission shall review the PUD master plan. And, where the Plan Commission recommends denial of a Concept Plan and the Common Council approves the plan, the Plan Commission shall review the PUD master plan.
iv. Upon completion of its review, the Plan Commission shall certify the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
v. The Common Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Common Council may adopt or reject the proposal. If the Plan Commission has given the proposal a favorable recommendation and the Common Council fails to act on the proposal within ninety (90) days, the Ordinance takes effect as if it had been adopted as certified ninety (90) days after certification. If the Plan Commission has failed to make a recommendation or has given the proposal an unfavorable recommendation and the Common Council fails to act on the proposal within ninety (90) days , the proposal is defeated.
c. Effect of Approval of Concept Plan
i. When a PUD Concept Plan has been approved by the Common Council, the PUD zoning shall become effective and its location shall be shown on the Official Zoning Map. The Official Zoning Map shall be amended to designate the site as a Planned Unit Development.
ii. Upon such amendment of the Official Zoning Map, the use and development of the site shall be governed by the Planned Unit Development Concept Plan, subject to approval of a PUD master plan.
iii. No permit of any kind shall be issued until the PUD master plan has been approved.
d. PUD Master Plan.
i. Purpose of PUD Master Plan Approval. The purpose of the PUD master plan is to designate the controls for development of the Planned Unit Development. The PUD master plan shall show the exact location of each building and improvement to be constructed and a designation of the specific internal use or range of uses to which each building shall be put.
ii. Time Limit for PUD Master Plan Approval. The PUD master plan shall be submitted to the Planning Department not more than eighteen (18) months following Common Council approval of the Concept Plan. The Concept and PUD master plans may be submitted as a single plan if all requirements herein are met. The PUD master plan may be submitted and approved in stages, with each stage representing a portion of the Concept Plan, at the discretion of the Plan Commission. The time limit for submitting each stage for approval may be set forth in the Concept Plan, in which case that schedule shall control the timing of development, rather than the time period contained in this paragraph. The Plan Commission may extend the time for application for approval of the PUD master plan for good cause, consistent with the purposes of this Ordinance.
e. Expiration of Time Limit.
i. Periodically, the planning staff shall report to the Plan Commission on Planned Unit Developments whose time limits have expired. The applicants shall be notified. The Plan Commission shall determine whether to consider extending the time or to initiate action to amend the Official Zoning Map so as to rescind the Planned Unit Development designation.
ii. Relationship of Development and Concept Plan. The PUD master plan shall conform to the Concept Plan as approved.
iii. Procedure for approval of a PUD master plan shall be:
1) The PUD master plan and supporting data shall be filed with the planning staff.
2) The planning staff shall review the PUD master plan to include site plan review, in accordance with the requirements of this Ordinance (Development Plans).
3) If the Plan Commission has retained PUD master plan approval authority, as provided herein, or where a new PUD master plan is required, the Plan Commission shall hold a public hearing in accordance with its Rules of Procedure. The Plan Commission may approve, deny, or approve with modifications.
4) Staff Approval. If the Plan Commission has authorized staff to approve any PUD master plans during the PUD concept plan approval process, staff shall have approval authority for said PUD master plans. Staff decisions may be appealed by the property owner to the Plan Commission.
iv. Expiration of PUD master plan. The PUD master plan shall expire two (2) years after approval, unless grading and/or building permits have been obtained and site work is still current and valid on that date. This rule shall also apply to each stage of a PUD master plan approved in stages. The applicant may request an extension of time in writing, and the approving authority may extend the time limit where appropriate. Such extension may be considered at the time of PUD master plan approval.
v. Effect of Approval of PUD Master Plan. No permit of any kind shall be issued for any purpose within a Planned Unit Development except in accordance with the approved PUD master plan, and after acceptance by the City of all required guarantees for improvements herein.
E. Contents of Plans. PUD master plan and supporting data shall include all documentation listed in this subsection unless certain documentation is deemed superfluous by the planning staff due to the specific circumstances of the particular request.
1. Pre-Design Conference Requirements.
a. A written letter of intent from the applicant describing the applicant’s intention for developing the site. This letter shall set forth proposed uses and developmental standards.
b. A scaled drawing of the site, in simple sketch form, showing the proposed location and extent of the land uses, major streets, and the approximate location of all existing easements, natural features, and topographic or geologic constraints.
2. Concept Plan Requirements.
a. A drawing of the Planned Unit Development shall be prepared at a scale not less than 1"=50', or as considered appropriate by the planning staff, and shall show in concept major circulation; generalized location and dimensions of buildings, structures, and parking areas; open space areas, recreation facilities, and other details to indicate the character of the proposed development. The submission shall include:
i. A site location map.
ii. The name of the development, with the words “Concept Plan”.
iii. Boundary lines and acreage of each land use component.
iv. Existing easements, including location, width and purpose.
v. Existing land use on abutting properties.
vi. Other conditions on adjoining land; topography (at two (2)-foot contours) including any embankments or retaining walls; use and location of major buildings, railroads, power lines, towers and other influences; name of any adjoining subdivision plat.
vii. Existing streets on and adjacent to the tract, including street name, right-of-way width, walks, curbs, gutters, and culverts.
viii. Proposed public improvements; streets and other major improvements planned by the public for future construction on or adjacent to the tract.
ix. Existing utilities on the tract.
x. Any land on the tract within the one hundred (100)-year floodplain.
xi. Other conditions on the tract, including water courses, wetlands, sinkholes, wooded areas, isolated trees six inches (6") or more in diameter, existing structures and other significant features.
xii. Existing vegetation to be preserved and the locations, nature, and purpose of proposed landscaping.
xiii. Map data such as north point, scale and date of preparation.
b. Written Statement of Character of the Planned Unit Development. An explanation of the character of the Planned Unit Development and the reasons why it has been planned to take advantage of the flexibility of these regulations. The written statement shall be considered the proposed draft ordinance, and shall include:
i. A specific explanation of how the proposed Planned Unit Development meets the objectives of all adopted land use policies which affect the land in questions.
ii. Ownership. A statement of present and proposed ownership of all land within the project including the beneficial owners of a land trust.
iii. Development scheduling indicating:
1) Stages in which the project will be built, including the area, density, use, public facilities, and open space to be developed with each stage. Each stage shall be described and mapped.
2) Projected dates for beginning and completion of each stage.
iv. Proposed uses.
1) Residential Uses: gross area, architectural concepts (narrative, sketch, or representative photo), number of units, bedroom breakdown, and proposed occupancy limits for each residential component.
2) Nonresidential Uses: specific nonresidential uses including gross areas, architectural concepts (narrative, sketch, or representative photo), and building heights.
v. Facilities Plan. Preliminary concepts and feasibility reports for:
1) Roads.
2) Sidewalks.
3) Sanitary Sewers.
3) Stormwater Management.
4) Water Supply System.
5) Street Lighting.
6) Public Utilities.
c. Miscellaneous. The planning staff shall inform the applicant of any additional documents or data requirements after the pre- application conference.
d. Traffic Analysis. If requested by the planning staff or the Plan Commission, a study of the impact caused by the Planned Unit Development and any measures proposed to accommodate that impact.
e. Notification. The petitioner shall notify all interested property owners, as directed by the Plan Commission’s Rules of Procedure, of the proposed Planned Unit Development and the scheduled hearing date. Notices shall include a reduced copy of the proposed concept plan and a copy of the proposed uses section of the written statement of character of the Planned Unit Development.
3. PUD Master Plan Requirements. The application for PUD Master Plan approval shall include, but not be limited to, the following documents:
a. Such additional information as may have been required by the Concept Plan approval.
b. An accurate map exhibit of the entire phase for which PUD master plan approval is being requested, which complies with the requirements of this Ordinance (Development Plans). Single family residential development on individual lots need not show precise locations of buildings on each lot, but plans shall show setback and other bulk constraints.
c. If lands to be subdivided are included in the Planned Unit Development, a subdivision plat meeting the requirements of a preliminary plat, as modified by the Concept Plan approval, is required where platting is to be done concurrent with the PUD master plan approval.
d. Projected construction schedule.
e. Agreements and covenants which govern the use, maintenance, and continued protection of the Planned Unit Development and its common spaces, shared facilities, and private roads.
f. Guarantee of Performance for Completion of Improvements. A bond or other guarantee acceptable to the City shall be provided for all required improvements and shall be executed at time of permit application or platting, whichever comes first. Improvements that must be guaranteed include facilities which shall become public and may include other facilities or improvements as may be specified in the Concept or PUD master plan approval. If the project is to be built in phases, the guarantee shall specify the time for completion of improvements and shall be in an amount of one hundred twenty-five percent (125%) of the estimated cost of the improvement.
F. Review Considerations. In their consideration of a Planned Unit Development Concept Plan, the planning staff in its report to the Plan Commission, the Plan Commission in its recommendation, and the Common Council in its decision, shall consider as many of the following as may be relevant to the specific proposal.
1. The extent to which the Planned Unit Development meets the purposes of this Ordinance, the Comprehensive Plan, and any other adopted planning objectives of the City.
2. The extent to which the proposed plan meets the requirements, standards, and stated purpose of the Planned Unit Development regulations.
3. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, bulk, use required improvements, and construction and design standards and the reasons which such departures are or are not deemed to be in the public interest.
4. Whether proposal will not be injurious to the public health, safety, and general welfare.
5. The physical design of the Planned Unit Development and the extent to which it makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated permanent open space, and furthers the amenities of light and air, recreation, and visual enjoyment.
6. The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood, and whether the proposed plan would substantially interfere with the use or diminish the value of adjacent properties and neighborhoods.
7. The desirability of the proposed plan to the City’s physical development, tax base, and economic well-being.
8. The proposal will not cause undue traffic congestion and can be adequately served by existing or programmed public facilities and services.
9. The proposal preserves significant ecological, natural, historical, and architectural resources to the extent possible.
G. Changes in the Planned Unit Development.
1. Changes Requiring New Concept Plan Approval by the Common Council. Changes which alter the concept or intent of the Planned Unit Development including but not limited to:
a. Significant changes in the proportion or allocation of land uses;
b. Changes in the list of approved uses;
c. Changes in the location of uses;
d. Changes in functional uses or open space, where such change constitutes and intensification of use of the open space; and/or
e. Changes in the final governing agreements where such changes conflict with the Concept Plan approval.
2. The following changes are considered major modifications to the PUD master plan and shall require new PUD master plan approval by the Plan Commission. Major modifications shall include, but are not limited to, the following:
a. Changes in site design requirements such as location of required landscaping, signage, building height, cube and/or footprint, or other such requirements of this Ordinance;
b. Increases in the number or size of signs;
c. Reduction in landscaping;
d. Reduction of parking spaces or setbacks by five percent (5%) or more;
e. Increase in building square footage or height of ten percent (10%) or more;
f. Density increases by ten percent (10%) or more;
g. Changes to the internal street system or off-street parking areas which the City Engineer considers to be significant;
h. Significant changes in drainage management structures, as determined by the City Engineer;
i. Changes in access to the development site, where such change amounts to an intensification in the traffic patterns of roadways; and/or
j. All other changes not expressly addressed under subsection G.2. shall require new PUD master plan approval by the Plan Commission.
3. The following changes are considered minor modifications to the PUD master plan and may be approved by the Planning Director. The Planning Director may choose to send a minor modification request directly to the Plan Commission, if in his opinion it would be in the best interest of the community, or if the request appears to be controversial. The Planning Director’s decision may be appealed to the Planning Commission by the property owner. Minor modifications shall include, but are not limited to, the following:
a. Changes in lot arrangements which are not detrimental to the proposed thoroughfare pattern of the development;
b. Substitutions of plants which are considered by the Planning Director to be equivalent to those shown on the Plan Commission approved PUD master plan;
c. Reduction of parking spaces or setbacks by less than five percent (5%);
d. Increase in building square footage or height by less than ten percent (10%);
e. Addition of buildable lots that result in density increases of less than ten percent (10%);
f. Changes to the internal street system or off-street parking areas, which are considered minor by the City Engineer;
g. Minor changes in drainage management structures, as determined by the City Engineer;
h. Changes in access to the development site, where such change amounts to a reduction in intensity in the traffic patterns of roadways, as determined by the City Engineer.
(Ord. 20-29, § 2, 9-21-20)
Sec. 10-03-18 through Sec. 10-03-40 Reserved for Future Use.
The Planning Director shall be the chief administrative official of the Division of Planning and Zoning within the Community Development Services Department. Unless otherwise directed by the Mayor, the Planning Director, or their designee, shall have the following responsibilities and powers:
A. Upon finding that any of the provisions of this Ordinance are being violated notify in writing the person responsible for such violation, ordering the action necessary to correct such violation;
B. To order discontinuance of illegal uses of land, buildings, or structures;
C. To order removal of illegal buildings or structures or illegal additions or structural alterations; and/or
D. To order discontinuance of any illegal work being done.
E. To take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of this Ordinance, including, but not limited to, the issuance of and action on land alteration permits and such other similar administrative duties as are permissible under the law.
F. To perform other duties included in the official job description for the position and the power and discretion to delegate authority to other administrative officials.
All petitions and applications for approvals or permits desired or required under this Ordinance shall be filed with the Division of Planning and Zoning within the Community Development Services Department on forms approved by the Plan Commission annually, which shall require, among other things, submission of final CAD drawings.
(Ord. 20-29, § 2, 9-21-20)
A. The Plan Commission is established pursuant to Sec. 2-7 of the Greenwood Municipal Code and in accordance with Ind. Code § 36-7-4. The Plan Commission shall adopt rules of procedure consistent with the provisions of Ind. Code § 36-7-4-400 series, as enacted by the Indiana General Assembly and acts amendatory thereof and supplementary thereto.
B. Meetings of the Plan Commission shall be held at the call of the President and at such other times as the Plan Commission may determine. All meetings, excluding executive sessions permitted by law, shall be open to the public. At the first meeting of each year the Plan Commission shall elect a President and Vice-President from among its members.
C. The Plan Commission shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions of which shall be of public record and be maintained in the office of the Plan Commission.
D. For the purpose of this Ordinance, the Plan Commission shall have the following responsibilities:
1. Initiate proposed amendments to the Ordinance;
2. Review all proposed amendments to the Ordinance referred to it by the Common Council and make recommendations on the same to the Common Council;
3. Review, hear, and act on applications for Site Development Plans, Subdivision Plats, Planned Unit Development master plans, and other determinations as required from time to time in accordance with state law; the Plan Commission may delegate to, and designate, planning staff to review and approve Secondary Plats and Site Development Plans;
4. Review and make recommendations to the Common Council on Zoning Map change applications, annexation applications, and Planned Unit Development concept plans;
5. Review and approve waivers from any of the regulations in this Ordinance if expressly permitted herein; and
6. Initiate and/or perform other planning functions, such as comprehensive planning, drafting amendments to the Comprehensive Plan, and perform studies as may be deemed appropriate or required by statute.
E. The Plan Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for Improvement Location Permits, appeals, and other applications or petitions pertaining to this Ordinance. The schedule of fees shall be available to the public in the office of the Community Development Services Department or its representative and may be altered or amended only by recommendation of the Plan Commission and approval by the Common Council.
F. The Plan Commission shall establish a Technical Review Committee for the purpose of providing detailed review and recommendations to the Plan Commission concerning any proposed Site Development Plans or Subdivision Plats that may from time to time be submitted to the Plan Commission, which shall consist of the following:
1. City Engineer, or his/her qualified designee;
2. Director (Chairman);
3. Building Inspector;
4. Chief of Police;
5. Fire Chief;
6. Street Superintendent;
7. Sanitation Superintendent;
8. Director of Parks and Recreation; and
9. Any other persons deemed appropriate by the Plan Commission or the Director.
G. The Technical Review Committee shall limit its attention and recommendations to the design and construction aspects of the proposed development or subdivision with emphasis placed on public improvements, development plans, landscaping, traffic safety and circulation, utilities and drainage. The purpose of the Technical Review Committee is to provide technical assistance and recommendations. Approval or disapproval of a Site Development Plan or a Subdivision Plat is the responsibility of the Plan Commission or its designee.
H. The Technical Review Committee shall comply with the open meetings provisions of Ind. Code § 5-14-1.5-3, as amended from time to time. The committee shall meet prior to a Plan Commission meeting at which a subdivision plat or site development plan is to be heard and shall then submit its review comments and recommendations in writing to the Plan Commission or its designee. The Planning Director, or his or her designated representative, shall be responsible for scheduling meetings of the Technical Review Committee and keeping all records of the Committee’s comments and recommendations on file.
I. Zoning Text Amendments. Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Common Council may by ordinance, after receipt of recommendations from the Plan Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
1. Amendments to this Ordinance in accordance with Ind. Code § 36-7-4-602(b) may be initiated in one of the following ways:
a. By adoption of a motion by the Plan Commission; or
b. By adoption of a motion by the Common Council and referral to the Plan Commission for its review and recommendation.
2. The Plan Commission shall hold a public hearing within sixty (60) days of filing of the petition for zoning text amendment. The commission shall review the proposed zoning text amendment, and within ten (10) days of the Plan Commission’s determination, shall certify its recommendations to the Common Council.
3. Notice of the Plan Commission public hearing shall be given by the Plan Commission by at least one (1) publication in two (2) or more newspapers of general circulation in the City. Said notice shall be in the form prescribed by the written rules of procedure for the Plan Commission and shall be in accordance with Ind. Code § 5-14-15.5.
4. Recommendations of the Plan Commission and actions by the Common Council shall be performed in compliance with the time periods and requirements of Ind. Code § 36-7-4-607 et seq.
5. After receiving the recommendation of the Plan Commission, the Common Council at a public meeting thereof shall either adopt or fail to adopt the Ordinance. In the event that the recommendation of the Plan Commission is unfavorable to a property annexation or text amendment ordinance referred to it, the Ordinance shall not be passed except by affirmative vote of a least the simple majority of the members of the Common Council.
J. Zoning Map Changes. The Common Council may, from time to time, amend, supplement or change the regulations and districts or zones of this Ordinance or any regulations or districts or zones subsequently established.
1. Petitions requesting a zoning map change in accordance with Ind. Code § 36-7-4-602(c) shall be filed with the Planning Director. Said petitions may be initiated by:
a. The Common Council;
b. The Plan Commission; or
c. The owner(s) of fifty-one percent (51%) or more of the area involved in the petition.
2. Any proposed ordinance for the amendment, supplement, change or repeal of this Ordinance not originating from petition of the Plan Commission shall be referred to the Plan Commission for consideration and recommendation before any final action is taken by the Common Council.
3. Written Application - All Zoning Map Change petitions shall be filed on application forms as prescribed by the Plan Commission. All applications must be submitted in accordance with the provisions herein.
4. Applicants shall serve notice to all “interested parties” as defined in the written rules of procedure of the Plan Commission. Such notice shall be in the form prescribed by the Plan Commission.
K. Waiver of Minimum Standards: Conditions and Procedure.
1. The Plan Commission may, in its discretion, authorize and approve waivers from the minimum requirements and standards herein upon finding that:
a. The approval of the waiver request will not be detrimental to the public safety, health, and welfare, or injurious to property within a reasonable proximity to the subject property involved in the waiver request;
b. The strict application of the applicable Ordinance standard will result in practical difficulties in the development due to the particular physical surroundings, unique constraints, or topographical conditions of the subject property. These conditions will not substantially alter the character of the subject district or zone;
c. The practical difficulties were not self-imposed and cannot be overcome by reasonable design alternatives. Financial hardship does not constitute a practical difficulty; and
d. The waiver request is necessary and represents a minimal deviation from explicit Ordinance standards.
2. In approving waivers, the Plan Commission may impose such conditions as will, in its judgement, substantially secure the objectives hereof.
3. Applications for waivers shall be submitted to the Plan Commission in accordance with this Ordinance. On the application, the applicant shall describe the requested waivers and shall submit evidence in support of each requested modification. The applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.
4. The Plan Commission’s decision to grant or deny a modification or to impose a condition is discretionary.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Loading...