§ 153.141 APPROVAL; EXPIRATION.

   (A)   Approval by the Hearing Officer and/or Commission expires two years immediately following approval, unless the Hearing Officer or Commission has granted an extension of time or approved a phasing plan. A final development plan for each approved development area (bubble) shall be completed within this designated two year period. The Hearing Officer may hear revision petitions but if the revision changes require modification of land subdivision (beyond those that are exempt from the subdivision regulation) or modification of written commitments imposed by the Plan Commission, the revision must be heard by the Plan Commission.

   (B)   Minor changes to the land use plan may be approved administratively (without hearing) by the Director. MINOR is defined as alteration of each district or improvement such that relative positions are maintained and district does not shrink or grow more than 15% in size. (Elimination of districts or modifying uses is not minor).

(1985 Code, § 36-7-4-600(8.6))

§ 153.142 CONDITIONS.

   (A)   A planned development may contain residential, commercial, industrial, professional, or multi purpose uses as an integral part of the development as delineated in Appendix A (bubbles designated residential will be limited to those uses designated for RS – R5 by an S or X), but it may not include mobile homes or a mobile home park. Bubbles designated as a business district or multi purpose must contain uses entirely within a building.

   (B)   Upon the abandonment of a planned development, or upon the expiration of a one year period after authorization during which a development has not been begun (or begun with an extension of time granted under § 153.141), the authorization for it expires. Public improvements shall be completed (as specified in Title III of the Comprehensive Plan or specified improvements) within two years and will be stated as such in the required guarantee.

   (C)   If in approving a plan/plat the Hearing Officer or Commission finds it desirable that modifications to be made to the provisions of this chapter in regards to uses or development standards., they may do so.

   (D)   The district requirements (other than use) that the proposed use development areas (bubble) are expressed in terms of § 153.021 shall be the governing requirements except those expressly modified in the hearing.

   (E)   The land involved must be in one ownership or the subject of an application filed:

      (1)   Jointly by the owners of all property included (including the holder of any written option); or

      (2)   By any governmental agency.

   (F)   The proposed development must be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design. It must include adequate open space and provide for parking areas adequate for the occupancy proposed or otherwise in compliance with this chapter. It must provide for recreation areas to meet the needs of the anticipated population or as specified in the Comprehensive Plan.

   (G)   No improvement location permit or certificate of occupancy may be issued unless all requirements, conditions, and specifications shown on the land use and development plans and supporting documents have been met.

   (H)   At the appropriate time, the area may be rezoned to cover such uses as may be permitted in the completed development.

(1985 Code, § 36-7-4-600(8.7)

§ 153.143 PRIVATE STREETS.

   (A)   Private street rights-of-way and pavements in a planned development shall be constructed in conformity with the minimum street specifications prescribed by Title III of the Comprehensive Plan, except as otherwise modified by the Commission or Hearing Officer as part of the land use or by the Commission in a plat. Exceptions must take account of the street circulation system shown in the development plan. Pavement width may not be less than that required by the appropriate participating jurisdiction.

   (B)   At or near the entrance of each private street not dedicated as a public street, the applicant or the private organization shall maintain a signpost carrying a sign, having an area of at least 15 inches by 21 inches, on which is printed and clearly legible in at least two-inch letters the name of the private street and the words “PRIVATE STREET” and in at least one- inch letters the words “NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC.” The material on the sign shall be arranged substantially as follows:

   (NAME OF STREET)
   PRIVATE STREET
   NOT DEDICATED FOR PUBLIC USE
   OR MAINTAINED BY THE PUBLIC

   (C)   Private streets shall be maintained by the owners, or by the private organizations, so that fire, police, health, school, or sanitation vehicles and public utility vehicles have adequate access. Adequate access includes an adequate turning area.

(1985 Code, § 36-7-4-600(8.8))

§ 153.144 COVENANTS.

   When required by the Commission or Hearing Officer, covenants must include at least the following provisions satisfactory to the Commission.

   (A)   Adequate provision for an organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of any common facilities jointly shared by those owners.

   (B)   A financial guarantee:

      (1)   That satisfactory maintenance will be provided for any common facilities in accordance with standards prescribed by the property owner’s organization and set forth in the covenants; and

      (2)   That the facilities will be operated and maintained at no expense to the city or any other governmental unit as may be applicable.

(1985 Code, § 36-7-4-600(8.9))

§ 153.145 DETAILED DEVELOPMENT PLAN.

   Within two years and prior to any improvement location permit being issued, the petitioner shall file a detailed development plan for each land use development plan for each land use development area (bubble) designated by the land use plan.

   (A)   The purpose of the development plan is to enable the Department to make a finding that the proposed development is in conformity with the intent and provisions of the conditions and requirements of the secondary review and to guide the Director in the issuance of permits. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning the following information:

      (1)   Lot dimensions, where applicable;

      (2)   All buildings and structures: locations, elevations, size, height, proposed use;

      (3)   Yards and distances between buildings;

      (4)   Walls and fences: location, height and materials;

      (5)   Off-street parking: location, number and size of spaces and dimensions of parking area, internal circulation pattern;

      (6)   Access: pedestrian, vehicular, service: points of ingress and egress, internal circulation;

      (7)   Signs: location, dimensions, number of spaces, internal circulation;

      (8)   Loading: location, dimensions, number of spaces, internal circulation;

      (9)   Lighting: location and general nature, dimension;

      (10)   Common facilities and open spaces: location, dimensions;

      (11)   Public and private roads: location, dimensions, circulation;

      (12)   Sewage and drainage: with evidence of a satisfactory means of sewage disposal and surface drainage, to be reviewed by the Utilities Engineer and approved by the City Engineer and City Planning Director; (See §§ 52.105, 152.115, and 152.116)

      (13)   Fire hydrants: location (if provided);

      (14)   Screening, vegetation, fencing or buffering.

   (B)   The Director shall review each administratively and make written findings as to compliance with the land use plan and conditions or commitments imposed and the terms of the Advisory Zoning Ordinance.

(1985 Code, § 36-7-4-600(8.10)) (Am. Ord. 19-2005, passed 7-5-2005)

IMPROVEMENT LOCATION PERMITS