(A) Purpose. It is the purpose and intent of this section to accomplish the following:
(1) Provide for the designation of parcels within the jurisdiction of the Lawrenceburg Plan Commission as part of the Riviera PUD Zoning District;
(2) Specify uses or a range of uses permitted in the Riviera PUD Zoning District;
(3) Specify development standards and requirements in the Riviera PUD Zoning District;
(4) Specify plan documentation and supporting information required for consideration of development in the Riviera PUD Zoning District;
(5) Specify any limitations applicable to the Riviera PUD Zoning District;
(6) Establish procedures to govern and administer the Riviera PUD Zoning District, including regulations. Review considerations for approval and modifications to development in the Riviera PUD Zoning District; and
(7) Provide a flexible alternative in accomplishing the purposes of the Zoning Code.
(B) Permitted uses. Any use permitted by the Zoning Code may be permitted in the Riviera PUD Zoning District provided such use meets the developmental standards and requirements set forth in this section.
(C) Assurances. The following assurances may be required for the Riviera PUD Zoning District:
(1) Common facilities which are not dedicated to the public shall be maintained to standards of assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to the beneficiaries thereof. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(2) All private streets shall be maintained by the aforesaid private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. Private streets shall be developed in accordance with city regulations.
(D) Commitments. Commitments can either restrict or mandate actions to be taken regarding the Riviera PUD Zoning District development.
(1) Commitments may be required by the Plan Commission as an ingredient for stability and longevity of the Riviera PUD Zoning District plan and may set forth in detail provisions for the ownership and maintenance of facilities held in common so as to reasonably insure the continuity and conservation. Covenant provisions may include specific remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the entire city, and in such event the city shall take those remedial steps provided for in such provision.
(2) The Plan Commission may require the recording of commitments 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 wherever necessary in conformity with the Land Use Plan of current adoption.
(3) Commitments are binding on the owner of the parcel, subsequent owners of the parcel and any person who acquires an interest in the parcel.
(4) Commitments may be enforced by the Plan Commission, City Council or owners of property adjoining the Riviera PUD Zoning District to a depth of two ownerships, but not exceeding 660 feet from the perimeter of the Riviera PUD Zoning District. The identity of the owners shall be determined from the Dearborn County Assessor’s Office.
(5) The Plan Commission has the perpetual right to modify or terminate commitments by decision of the Plan Commission at a public hearing so long as the Riviera PUD Zoning District is in existence. Commitments shall automatically terminate upon a rezoning of the property to a different zoning classification.
(Ord. 5-2005, passed 4-4-05)