(A) Introduction. The I.C. 36-7-4-1500 series allows a zoning ordinance to provide for Planned Unit Developments (PUDs). This district is intended to provide more development flexibility than is possible through the application of traditional zoning regulations. In recognition of the fast changing design and technology in the housing market, it is deemed necessary to meet those changes in a manner that will be consistent with the best interests of the county.
(B) Purpose.
(1) The goal of this section is to provide a variety of environmentally appropriate residential, nonresidential, and mixed-use developments to meet the needs of the community.
(2) Statement of purpose:
(a) To encourage a more creative approach in land and building site planning;
(b) To encourage an efficient, aesthetic and desirable use of open space;
(c) To promote variety in the physical development pattern of the community;
(d) To achieve flexibility and incentives for residential development, which will produce a wider range of choice;
(e) To encourage renewal of older areas where new development and restoration are needed to revitalize the areas;
(f) To permit special consideration of property with unique features such as historical significance, unusual topography, landscape amenities, and size and shape;
(g) To recapture by-passed land so poorly planned and developed as to be a public liability; and
(h) To simplify processing of development proposals for developers and the Commission by providing for concurrent review of land use, subdivision, public improvements and site considerations.
(C) Establishment of PUD Districts. To identify the nature of planned unit developments on zoning maps, they shall be classified as one of the following three zones:
PUD Districts | Abbreviations |
Mixed use | PDMX |
Non-residential | PDNR |
Residential | PDRS |
(1) PUD Residential (PDRS) Districts are designed for all buildings and land that are developed for residential use and those activities customarily accessory to residential use.
(2) PUD Non-residential (PDNR) Districts are designed for all buildings and land that are not developed for residential use, but rather for commercial and/or industrial and/or recreational and/or some other nonresidential use.
(3) PUD Mixed Use (PDMX) Districts are designed for all buildings and land that are developed as a mix of both residential and nonresidential uses.
(D) Planned Unit Development regulations.
(1) The Planned Unit Development District may be applied to any underlying zoning district already established by this chapter, provided that the proposed Planned Unit Development complies with the requirements of this section and supplementary regulations in this chapter.
(a) The property proposed for the PUD shall be large enough to accommodate the use and any accessory or ancillary activities, including parking, loading and unloading, landscaping, offices, storage building and utilities.
(b) All PUDs shall have adequate access and street frontage. There may be required on-site and/or off-site improvements to infrastructure in order to ensure safe and proper access to the facility. In making this determination, the types, sizes and numbers of vehicles that are expected to use the facility, shall be considered.
(c) All PUDs shall be adequately landscaped and buffered from neighboring land uses. Minimum separation distances between the facility and adjacent land uses may be required.
(d) Financial guarantees of performance may be required, in order to provide assurance that the PUD will be completed in conformance with the approved plan.
(e) Other development regulations shall be as prescribed by the PUD or specific plan and deemed necessary for consistency with the intent of this chapter.
(2) Performance standards. All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.
(a) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(b) Smoke, particulate matter, noxious matter. No use shall emit smoke of a density exceeding that of a normal establishment. No use shall be permitted to burn any materials or chemicals other than standard heating fuels such as fuel oil, propane or natural gas, with the exception of food preparation facilities. Operations which require the burning of other materials must be approved by the Area Plan Commission.
(c) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(d) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(e) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
(f) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Department of Environment Management or in such a manner as to endanger the public health, safety or welfare or cause injury to property.
(g) Junk automobiles (vehicles). Vehicles not in operating condition and parked at a commercial location more than 30 days may be removed from the property with the notification by certified mail to vehicle owner. These vehicles will be towed at owner’s expense to a holding area for 30 days and then disposed of to a legal salvage yard. Notification and removal will be under court and police supervision. A show cause hearing will not be held for these violations.
(h) Unnecessary clutter. No one shall be permitted to heap, litter or strew in a confused and disorderly manner, any materials or objects on property owned leased or rented for commercial purposes.
(i) Burning of materials. No use shall permit burning of any materials or chemicals except as fuels in approved heating or manufacturing process facilities.
(E) Planned Unit Development process. PD zones are not identified on the zoning maps in advance. PD zones are the result of a public hearing to rezone a specific parcel(s) to a new PD zone based on the negotiated development plan between the petitioner(s), Area Plan Commission and representatives of the checkpoint agencies.
(1) Application for designation of a Planned Unit Development District shall be made to the County Area Plan Commission. The application shall include the following materials:
(a) Legal description of the property included in the request;
(b) Drawing indicating the existing features of the site and property within one-half mile of the site, including significant vegetation, water features, topography, soil characteristics, flood hazard areas, drainage, structures, land uses, zoning and any other pertinent features; and
(c) Site plan showing the details of the proposed development, including proposed structures, fill areas and maximum heights of fill, borrow areas, access drives, parking areas, screening and/or buffering, and any other similar information the city or county deems pertinent to the request.
(2) The Area Plan Commission shall hold a public hearing on the request and make a favorable recommendation, unfavorable recommendation, or no recommendation. Such hearing shall be conducted in accordance with I.C. 36-7-4 and with the Commission’s rules of procedure.
(3) In making a favorable recommendation, the Area Plan Commission may recommend such conditions of approval as it deems appropriate to ensure consistency with the spirit and intent of this chapter.
(4) The legislative body shall approve or deny the request in the same manner as an amendment to the zoning map. The legislative body shall hold a public hearing at the meeting at which the ordinance will be decided. In approving the request, the legislative body may impose such conditions as it deems appropriate to ensure consistency with the intent of this chapter. These conditions may be, but are not required to be, those recommended by the Area Plan Commission.
(5) If a Planned Unit Development District is approved, the property may be developed for said uses only in accordance with the approved plan for the district. Any material changes to said plan must be approved, which may refer proposed changes to the Area Plan Commission for review and recommendation.
(6) No construction may be commenced until all required permits are obtained. Construction includes any grading, filling, excavation, structural alterations or other similar activity. Any such activity which is required in order to obtain needed permits, such soil borings, is excluded from this provision.
(7) A planned unit development has been abandoned if two years have passed since the date on which rezoning to PDRS, PDNR or PDMX was granted, and no final been approved and recorded for the project.
(Ord. passed 9-1-2006)