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(A) An improvement location permit for a special exception may not be issued until the application has been approved by the Board and the Zoning Administrator has been notified by the Board of the approval.
(B) Special exceptions may be revoked as follows.
(1) If a person to whom an improvement location permit has been issued for a shopping center or a planned development fails to begin construction within 24 months after the permit is issued, fails to complete 30% of the total plan within 36 months after the permit is issued or within 12 months after construction was begun (whichever period expires later), or fails to comply with the approved plan, he may be required upon written request of any interested person to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to begin construction on time if in the meantime construction has begun.
(2) If a person to whom an improvement location permit has been issued subject to this chapter fails to comply with the provisions and conditions of the special exception as granted by the Board within 24 months from the date of approval of the special exception, or other period as specified by the Board as a condition of approval of the special exception, he may be required upon written request of any interested person to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to comply with such provisions if in the meantime construction has begun. If construction has begun, the Board may direct the Zoning Administrator to proceed with enforcement procedures as outlined in this chapter.
(3) In a proceeding to show cause under subsections (1) or (2), the Board shall hold a public hearing, of which written notification shall be published according to law and sent by registered mail to the holder of the permit. This notice must be published and mailed at least ten days before the date set for the hearing.
(4) At the hearing, evidence may be presented by any person present. If on the evidence the Board finds that the holder of the permit has filed as described in subsection (1), it shall revoke the permit. However, if it considers the failure correctable within six months, it may defer revocation and continue the hearing until a specified day within that period.
(C) Upon application by the holder of any improvement location permit for a shopping center or planned development, the Board may change the plan on which the permit is based. The Board shall handle the application as if it were an original application for an improvement location permit for a special exception. If it approves the application, the Board shall notify the Zoning Administrator who shall issue an amended permit reflecting the approved change.
(1985 Code, § 36-7-4-600(6.1))
PLANNED DEVELOPMENTS
(A) PUD Districts are in effect as overlay districts and are supplemental to the underlying districts as designated on a zoning map. The underlying district’s requirements do not apply to a PUD.
(B) Appendix A specifies three types of PUD Districts: Commercial PUD, Industrial PUD or Residential PUD. Each District is defined and is located as follows.
(1) The Commercial PUD District, PC, overlays the following underlying districts: LB, AB, CC, CB, PB, AG, RS, GB, SC, I1, I2, I3, and AZ. PUD’s allowed in this district will be designated a commercial PUD and the largest use category (residential, commercial, industrial) must be commercial (SIC Divisions G (except 6513, 6514, and 6515), H, I, (except Group 88 and 8361) and J.).
(2) The Industrial PUD District, PI, overlays the following underlying districts: AB, AG, RS, GB, SC, I1, I2, I3, and AZ. PUD’s allowed in this district will be designated an Industrial PUD and the largest use category (residential, commercial, industrial) must be industrial (SIC Divisions C, D, and F).
(3) The Residential PUD District, PR, overlays the following underlying districts: AG, RS, R1, R2, R3, R4, R5, PB, and AZ. PUD’s allowed in this district will be designated a Residential PUD and the largest use category (residential, commercial, industrial) must be residential (SIC Group 88, 6513, 6514, and 8361).
(4) PUD’s with the largest use category consisting of multi purpose commercial/industrial developments (flex space) that has all industrial (in that category) activity contained in a building with no airborne emissions, other than necessary for conditioning of space, will be considered a Commercial PUD.
(5) Allowable uses in each PUD District are defined in Appendix A. The Hearing Officer or the Commission in a secondary review hearing may further restrict permitted uses and their location, size, or relationship to other uses (to include buffering or methods of operations).
(1985 Code, § 36-7-4-600(8.1))
A secondary review hearing for a Planned Development shall be subject to the conditions set forth in the remainder of this subchapter (in addition the regular procedure for platting approval must subsequently be followed when the development will include subdivision of land for transfer).
(1985 Code, § 36-7-4-600(8.2))
The Executive Director of the City of Marion Advisory Plan is appointed as Hearing Officer, as specified in I.C. 36-7-4-402(d), 37-4-924 and 36-7-4-1509 and will conduct secondary reviews in a hearing in accordance with the above notice in accordance with I.C. 36-7-4-604(B) and (C). The hearing officer is authorized to modify permitted uses or development requirements, impose conditions or require written commitments.
(1985 Code, § 36-7-4-600(8.3))
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