(A) Intent.
(1) The purpose of these regulations is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and the intent of the zoning and subdivision control ordinances.
(2) Planned unit development regulations are intended to encourage innovations in land development techniques so that unique opportunities and circumstances may be met with greater flexibility. Planned unit developments should be used to address unique environmental concerns, provide a unique mix of land uses, and implement the Comprehensive Plan in ways not considered by the established zoning districts. A planned unit development should not be used if the proposed development can be created using established zoning districts.
(B) Uses. All uses are subject to the discretion and approval of the Plan Commission. Once uses are approved by the Plan Commission, they are granted by right. All land uses proposed in a planned unit development must be compatible with the intent of the Comprehensive Plan and the characteristics of surrounding land uses and zoning districts.
(C) Development requirements. Development requirements for all proposed planned unit developments shall be created by the applicant as part of the preliminary plan submittal. All proposed development requirements are subject to the review and approval of the Plan Commission and the applicable legislative body. Generally, the planned unit development shall provide standards for the development that replace:
(1) The lot standards established by §§ 156.020 et seq., and
(2) Each topic area regulated by §§ 156.060 et seq.
(D) Rules and procedures. All proceedings brought under this subchapter are subject to the rules and procedures of the Plan Commission.
(E) Limitation of ordinance amendments. Any initiative of the Plan Commission to amend this chapter that would affect an approved planned unit development before its completion, shall not be enforced on the planned unit development. New amendments to this chapter shall only apply to planned unit developments that have been declared abandoned, or for which an approval has expired.
(F) Origination of proposals.
(1) Any applicant may propose a planned unit development district in accordance with the procedures established in this subchapter. A parcel or site proposed for a planned unit development may or may not be under single ownership. However, if not under single ownership, the multiple owners must have a contractual agreement:
(a) Not to develop the parcels separately, but in accordance with a single, unified plan, and
(b) In which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.
(2) The legislative body may grant an extension of such time for such a period as it deems in the public interest.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Planned unit development, see I.C. 37-4-1550 series
Cross reference:
Development standards, see §§ 156.060 et seq.
Procedure to Establish/Rezone to a PUD
