(A) General.
(1) Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of land may make application for the district designation PUD. Such application shall be accompanied by an outline development plan processed in the manner set forth in divisions (B), (C), and (D) of this section.
(2) An application for the district designation PUD may be processed simultaneously with an application for an amendment to the general zoning district and made contingent upon approval of the application.
(B) Application and outline development plan. An application for a planned unit development shall be filed with the Area Plan Commission. The application shall be accompanied by payment of fee, to be paid in accordance with the established fee schedule. Such fee shall not include advertising and sign costs which shall be billed to the applicant. The application shall be in such format and content as the Area Plan Commission may be resolution establish. Three copies of an outline development plan shall accompany the filing of the application. The outline development plan shall consist of maps and text which contain:
(1) A site plan reflecting:
(a) Proposed location of uses, including off-street parking, open spaces and public uses;
(b) Development standards for location, height, setback and size of buildings and other structures;
(c) Public and private vehicular and pedestrian circulation;
(d) The approximate intensity of residential uses expressed in number of dwelling units and the approximate intensity of nonresidential uses expressed in floor area, allocated to each identifiable segment of the PUD;
(e) Proposed screening and landscaping;
(f) Proposed location, height, and size of any ground signs; and
(g) Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed;
(2) Existing topographic character of the land including identification of floodplain areas, tree areas, slope analysis and soil analysis;
(3) An explanation of the character of the PUD;
(4) The expected schedule of development; and
(5) The Area Plan Commission may require elevations and perspective drawings of the proposed buildings as part of required detailed site plan review.
(C) Public hearing and Area Plan Commission action.
(1) The Area Plan Commission, upon the filing of an application for the PUD district designation shall set the matter for public hearing and give proper notice. Within two months after the filing of an application, the Area Plan Commission shall conduct the public hearing and shall determine:
(a) Whether the PUD is consistent with the Comprehensive Plan;
(b) Whether the PUD is in harmony with the existing and expected development of surrounding areas;
(c) Whether the PUD is a unified treatment of the development possibilities of the project site; and
(d) Whether the PUD is consistent with the stated purposes and standards of this chapter.
(2) The Area Plan Commission shall forward its recommendation, the application, and the outline development plan to the applicable local legislative body for further hearing as provided in division (D) of this section.
(D) Local legislative body action. Upon receipt of the application, outline development plan, and Area Plan Commission recommendation, the local legislative shall hold a hearing, review the outline development plan and approve, disapprove, modify or return the outline development plan to the Area Plan Commission for further consideration. Upon approval, the zoning map shall be amended to reflect the PUD designation, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the outline development plan.
(E) Planned unit development subdivision plat. A planned unit development subdivision plat shall be filed with the Area Plan Commission and shall be processed in accordance with the subdivision regulations. In addition to the requirements of the subdivision regulations the plat shall include:
(1) Details as to the location of uses and street arrangement;
(2) Provisions for the ownership and maintenance of the common open space that will reasonably insure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the applicable local legislative body; and
(3) Such covenants as will reasonably insure the continued compliance with the approved outline development plan. The Area Plan Commission may require covenants which provide for detailed site plan review and approval of individual lots by the Commission prior to the issuance of any building permits within the PUD. In order that the public interest may be protected, the local legislative body shall be made beneficiary of covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the local legislative body may enforce compliance therewith, and shall further provide that amendment to such covenants shall require the approval of the Area Plan Commission and the filing of record of a written amendment to the covenants, endorsed by the Area Plan Commission.
(F) Issuance of building permits. After the filing of an approved PUD subdivision plat and notice thereof to the Building Inspector, no building permits shall be issued on lands within the PUD except in accordance with the approved plat and outline development plan. A building permit for a free-standing or separate commercial structure within a PUD containing no commercial zoning shall not be issued until building permits have been issued for a least one-half of the number of dwelling units on which the authorization of the commercial use is based.
(G) Amendments. Minor changes in the PUD may be authorized upon approval by the Area Plan Commission which may direct the processing of an amended subdivision plat incorporating such changes. This provided that substantial compliance is maintained with the outline development plan and the purposes and standard of the PUD provisions as approved. Changes which would represent a significant departure from the outline development plan shall require compliance with the notice and procedural requirements of an original planned unit development.
(H) Abandonment. Abandonment of planned unit development shall require approval of the affected local legislative body, upon a recommendation by the Area Plan Commission. This shall be based on an application for amendment to the zoning map repealing the PUD designation. Upon final action authorizing the abandonment of the planned unit development, no building permit shall be issued except in accordance with the restriction and limitation of the previous zoning district or districts applicable to the affected property.
(Ord. 12-16, passed 8-8-12)