(A) Description of District. This District is intended to provide more development flexibility and innovative approaches than are possible through the application of customary zoning regulations. The PUD District allows for mixed-uses and mixed densities under one zoning classification to reflect this development trend. This ordinance allows any zoning district to be rezoned for the creation of a PUD District. All PUD Districts shall be consistent with the requirements of this ordinance.
(B) Development standards. All land use classifications that are allowed in this ordinance may be permitted within a PUD, unless otherwise omitted. All various types of development, i.e., residential, commercial or industrial shall meet the requirements of this unified development ordinance, as they apply to those classifications.
(C) Statement of purpose. A PUD District is one that:
(1) Designates a parcel of real property as a Planned Unit Development District;
(2) Specifies uses or a range of uses permitted in the Planned Unit Development District;
(3) Specifies development requirements in the Planned Unit Development District;
(4) Specifies the plan documentation and supporting information that may be required; and
(5) Specifies any limitation applicable to a Planned Unit Development District.
(I.C. 36-7-4-1503)
(D) Applicability.
(1) The provisions of this section shall apply only to a tract of land proposed to be a minimum of five acres.
(2) The provisions of this section shall apply only to proposed new developments and shall not apply to any planned unit development which is now fully or partially developed, nor to any development for which a final authorization has been granted pursuant to a previous ordinance. However, a petitioner may, upon application and approval of the Commission, become subject to all the benefits and requirements of this section, subject to those rights as shall have vested in the owners of the area affected by development under this ordinance.
(E) PUD uses and standards.
(1) 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.
(2) Development requirements. Unless alternate development or design standards are proposed by the petitioner in the PUD District ordinance and approved by the Plan Commission and the Common Council, the development and design standards established by Chapter 4 shall apply.
(3) Rules and procedures. All proceedings brought under this chapter are subject to the Rules of Procedures of the Plan Commission.
(4) Limitation of ordinance amendments. Any initiative of the Plan Commission to amend the unified development ordinance that would affect an approved planned unit development before its completion shall not be enforced on the planned unit development. New amendments to the ordinance shall only apply to planned unit developments that have been declared abandoned, or for which an approval has expired.
(Ord. 07-16, passed 12-10-2007)
Statutory reference:
Planned unit developments, see I.C. 36-7-4-1500 et seq.