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(A) Expiration. Approval of a final detailed plan shall expire after a period of five years from the approval of the preliminary plan, unless the development is 50% completed in terms of improvements including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the Plan Commission upon a recommendation by the Planning Director. Following expiration of a final detailed plan, the appropriate legislative body of the Area Plan Commission may declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.
(B) Abandonment. The planned unit development may be considered officially abandoned if, in the opinion of the Planning Director, the development is incomplete and no, or minimal, construction activity has occurred for a period of five consecutive years. Any outstanding surety for the project may be used by the appropriate legislative body consistent with the Hancock County Subdivision Control Ordinance provisions for subdivision surety.
(C) Extensions. An extension, not to exceed six months, for accomplishing any processes required by this subchapter, or for resuming construction activity in an abandoned development may be granted by the Plan Commission upon a written request from the petitioner. All requests for extensions must occur a minimum of 30 days prior to the applicable deadline.
(D) Plan Commission rezoning. The Plan Commission may initiate a rezoning for any property included in a planned unit development that has been abandoned or for which the detailed plan approval has expired. Any rezoning by the Plan Commission shall meet all applicable requirements for the rezoning process provided by § 156.105.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Subdivision control regulations, see Ch. 155
Zoning map amendments, see § 156.004
DEVELOPMENT STANDARDS
(A) Introduction. All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or occur after the effective date of this chapter (except as may otherwise be provided within this chapter) shall be subject to all development standards and regulations applicable to the zoning district in which they are located. All projects approved prior to the effective date of this chapter shall adhere to the terms and conditions of approval and/or written commitments made under the zoning ordinance that was in place at the time of filing.
(B) Expansion or modification of existing uses and structures. No structure, parking area, or other site feature regulated by this chapter shall be enlarged, altered, or expanded unless the minimum improvements required by this subchapter are provided on the property in a manner equal to the extent of its alteration or expansion.
(C) Requirements for non-conforming uses and uses permitted by special exception or variance. Any use which is non-conforming in the zoning district in which it is located or is permitted by special exception or variance shall be consistent with the standards for the zoning district in which the use is permitted by this chapter. The Board of Zoning Appeals may specify the appropriate standards for all uses permitted by special exception or variance.
(Ord. 2007-1B, passed 2-5-07)
(A) Intent. The intent of these height standards is to protect the public health, safety, and general welfare by providing for adequate light and air, and by ensuring adequate fire protection service.
(B) General height standards applicable to all zoning districts.
(1) Height requirements. The maximum height permitted shall be as described below and noted in the Maximum Structure Height table, subject to the exceptions listed in division (B)(2) below.
(a) Measuring height. In all instances, the height of a structure shall be measured from grade level at the lowest point of the base of the structure to the highest point of the of the structure, excluding the necessary appurtenances listed in division (B)(2)(d) below.
(b) Additional residential limitations. No accessory structure located in a residential zoning district may exceed the height of the primary structure on the property.
Maximum Structure Height
| ||
Zoning District | Type of Structure | |
Primary | Accessory |
Maximum Structure Height
| ||
Zoning District | Type of Structure | |
Primary | Accessory | |
A- Agricultural | 40 ft. | 35 ft. |
RR - Residential: Rural | 40 ft. | 26 ft. |
R1.0 - Residential: 1.0 Unit/Acre | 35 ft. | 26 ft. |
R2.5 - Residential: 2.5 Units/Acre | 35 ft | 26 ft. |
R3.5 - Residential: 3.5 Units/Acre | 35 ft | 26 ft. |
R5.0: Residential: 5.0 Units/Acre | 35 ft | 26 ft. |
RMH - Residential Manufactured Home Park | 35 ft | 26 ft. |
RM - Residential: Multifamily | 45 ft | 26 ft. |
CN: Commercial: Neighborhood | 45 ft | 26 ft. |
CC - Commercial: Community | 45 ft | 26 ft. |
CR - Commercial: Regional | 55 ft | 26 ft. |
IN - Institutional | 50 ft. | 26 ft. |
IBD - Industrial: Business Park | 50 ft. | 35 ft. |
IL - Industrial: Light | 50 ft. | 35 ft. |
IG - Industrial: General | 50 ft. | 35 ft. |
(2) Exceptions. No structure may be erected or changed so as to make its height greater than specified in the applicable zoning district, except as noted below. For the purposes of this section, the height of church steeples, chimneys, and other structures which are attached or otherwise a part of another structure shall be measured from grade level.
(a) General exceptions. The following structures may exceed the permitted height regulations by twofold (x2):
1. Church steeples;
2. Spires, belfries, and cupolas; and
3. Industrial related storage tanks, mechanical equipment, and smokestacks.
(b) Telecommunications towers and antenna. The height of telecommunication towers and antenna shall meet the requirements of § 156.073.
(c) Amateur radio towers. Amateur radio towers shall meet the requirements of the § 156.062(B)(6)(b).
(d) Necessary appurtenances. The following structural elements may exceed the permitted height standards for the zoning district in which they are located by up to ten feet:
1. Necessary mechanical appurtenances;
2. Utility substations and related essential facilities;
3. Water tanks;
4. Chimneys;
5. Fire towers;
6. Stair towers;
7. Stage bulkheads; and
8. Elevator bulkheads.
(e) Agricultural structures. All structures in a zoning district where agriculture is allowed that are used in agricultural products storage and/or processing may exceed the permitted height standards for the district in which they are located and be erected to any height that is necessary for their operation. This exemption shall not be interpreted as applying to commercial agricultural structures, such as commercial grain terminals and similar uses.
(f) Water towers. Water towers may exceed the permitted height standards for the zoning district in which they are located and may be erected to a maximum height of 200 feet.
(3) FAA requirements. Nothing in this chapter, including the exceptions listed above shall be interpreted as waiving any height regulations related to air travel. All applicable Federal Aviation Administration (FAA) restrictions and regulations shall apply to all structures.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2008-6B, passed 6-9-08)
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