CHAPTER 5 - PLANNED UNIT DEVELOPMENT

SECTION 5.0 PLANNED UNIT DEVELOPMENT
SECTION 5.1 PURPOSE

To encourage improved land development and building site design, to encourage and allow a variety of building types and arrangements, and to allow the development of land areas so planned, located or situated as to merit and justify consideration for the granting of certain exceptions to the required standards for the zoning district in which it is located.  A special Exception for a Planned Unit Development shall be subject to the following conditions in addition to the regular procedure for platting approval.

SECTION 5.2 PERMITTED USES

 A Planned Unit Development may contain residential, commercial, industrial, professional, or Special Exceptions as an integral part of the development.  The site for the Planned Unit Development must contain a minimum of five (5) acres.

SECTION 5.3 COMMISSION PROCEDURE

A.  Preliminary Consultation and Consideration of Plan.

The owner or owners proposing to  develop land as a Planned Unit Development shall consult with the Zoning Administrator when making application for the Special Exception.  At  this consultation, two (2) copies of a Preliminary Plan of the proposed development containing the following information, shall be presented for staff review.

         1.  Proposed layout of street, building lots and other elements basic to the
              proposed use in  relationship to site conditions.

         2. Proposed locations of commercial, industrial, residential, park, school,
             recreational and other public and semi-public uses within or near the
             area developed.

         3. Proposed plan for handling vehicular traffic, parking, sewage disposal,
             drainage, water  supply and other pertinent site development features.
             The Preliminary Plan may be a freehand drawing, but shall be
             superimposed upon a print of a topographic survey of the area proposed to
             be developed and may include any other graphic mediums which will
             explain the features to be contained within the development.

B.  At the conclusion of a preliminary consultation, the Zoning Administrator shall note in writing  on the Preliminary Plans his technical comments with respect to design, land uses, and  improvements  proposed for the development and indicate his unofficial agreement or disagreement with the proposal.  One copy of the Preliminary Plans so noted shall be placed in the Commission file and one copy furnished to the applicant.

C.  The application for a Special Exception for a Planned Unit Development may then be  submitted to the Commission together with three (3) copies of a Developed Plan for the lands,  together with supporting documents.  The Commission shall carefully consider said Development Plan and the recommendation of the Zoning Administrator, and report to the Board it's findings as to whether or not the proposed location and character of the Planned  Development will adversely affect the Master Plan.  The Commission report shall include the following:

          1. The fitness of the proposed use as related to:

                   (i) The potential use of adjoining lands for the uses permitted in the
                         district, and,
                   (ii)  Current trends of development of lands in the vicinity, and,

          2. The effect of the proposed use on the natural features of the site to be
               utilized,  and adjoining lands, and

          3. The quality and capacity of access road (existing or to be provided by the
              applicant)  to accommodate traffic generated by the proposed use, and

          4. That the requirements of Subsection 5.6 of this Section will be met, and

          5. The Commission's recommendation for acceptable variance from the
               standard requirements of this Ordinance applying to the Planned Unit
               recommendation and indicating suggested limits to any such variance.  The
               Commission shall have a period of not less than fifteen (15) days for the
               purpose of making its investigation and shall report the results of its study to
               the Board within forty-five (45) days following receipt of the application.  If
               no such report has been filed with the Board within this period, the Board
               may proceed to process the application.

SECTION 5.4 BOARD PROCEDURES

Prior to the decision for a permit for a Special Exception for a PUD, the Board shall fix a reasonable time for a public hearing.  Public notice shall be given at least ten (10) days prior to the date set for the hearing by publishing a notice thereof in a newspaper of general circulation in the County setting forth the time and place of the hearing and by giving due notice to the interested parties in accordance with the rules of the Board.  Following the hearing:

 A. Upon an affirmative finding by the Board that:

           1. The proposed Planned Unit Development is to be located in a District
               wherein such use may be permitted; and

           2. The requirements set forth in Subsection 5.6 of this Section will be met; and

           3. The Special Exception for the Planned Unit Development is consistent with
                the spirit, purpose and intent of this Ordinance, will not substantially and
                permanently injure the appropriate use of neighboring property, and will
                serve  the public convenience and welfare; or

            4.That the Special Exception for the Planned Unit Development with
                additional special requirements concerning the use and development
                features will be consistent with the spirit, purpose and intent of
                this Ordinance, will not substantially and permanently injure the appro-
                priate use of neighboring property, will serve the public convenience
                and welfare and the applicant agrees, in writing, to such additional
                special requirements.

Application may then be made to the Commission for plat approval of all or any portion of the land designated on the Development Plan by the submittal of a plat or plats which shall set forth all the conditions required by this Section.

To carry out the design and conditions as shown or set forth in the Development Plan
and supporting documents, the applicant may be required by the Commission to reserve or to provide for the reservations of land for park and school purposes, and the dedication of land for streets and other rights-of-way; and by appropriate covenants, to restrict areas perpetually as open space, private roads or other public or semi-public uses, for common use.

 B. Upon  a finding by the Board that a Special Exception for a Planned Unit
      Development is not consistent with the spirit, purpose or intent of this
      Ordinance, may substantially or  permanently injure the appropriate use of
      neighboring property, or will not serve the public convenience or welfare, the
      Board shall disapprove such Special Exception.

 C. Upon a finding by the Board that additional information is required for a
      determination, it may table the application for a Special Exception for the
      Planned Unit Development and refer it to the Commission with a request for
      further information, review and recommendations to the  Board.

SECTION 5.5 EXISTING USES

An existing Residential Development Plan which is located in a District in which such use was permitted, is a conforming use.  Any expansion of such Residential Development involving the enlargement of the buildings, structure and land area devoted to such use shall be subject to the procedure described in this Section.

SECTION 5.6 REQUIREMENTS

  A.  The tract or parcel of land involved must  be either in one ownership or the
        subject of an application filed jointly by the owners of all property included (the
        holder of a written option to purchase land shall for purposes of such application
        be deemed to be an owner of  such land) or by any governmental agency.  It
        must constitute an area of at least five (5) acres.

   B.  The Development Plan for the Planned Unit Development may indicate a
        proposed  subsequent division of the land into separate units under one
        ownership or into one or more separately-owned and operated units.  Such
        proposed subsequent divisions, if approved  along with the Development Plan,
        shall be permissible without any further approval of said plan, otherwise,
        subsequent division of land shall be permitted only upon reapplication t  the
        Commission for approval of a revised Development Plan and resubmittal  to the
        Board.  The separation of units for purposes of platting shall follow the rules of
        the Subdivision Control Ordinance.

   C.  The proposed Development must be designed to produce an environment
         of stable and  desirable character in keeping with the principles of good
         neighborhood design, and must  provide standards of open space and
         areas for parking adequate for the occupancy proposed, or equal to the
         requirements of this Ordinance. It must include provisions for the
         recreation areas to meet the needs of the anticipated population or
         specified in the Master Plan.

  D.   No Improvement Location Permit, or Certificate of Occupancy shall be
         issued until all  requirements, conditions, and facilities shown on the
         Development Plan and supporting documents are adhered to, unless
         variance has been granted by the Board.

SECTION 5.7 DEVELOPMENT PLAN

The Development Plan shall consist of at least the following documents:Site Plan, Area Map, Topographic Map.  Additional graphic or explanatory materials may be included to explain or document the proposed development.  These plans may be prepared in such a manner that they may subsequently be used to satisfy the
requirements of the platting procedure and shall present the information and data specified for the submittal of a plat by the Subdivision Control Ordinance of the County.

SECTION 5.8 COVENANTS

Covenants, when required by the Commission, shall provide for at least the following provisions satisfactory to the Commission.

  A. Organization

       Adequate provision for some type of organization with direct responsibility to,
       and control  by, the property owners involved to produce for the operation
       and maintenance of any and all common facilities jointly shared by said
       property owners.

  B. Financial Guarantee

      Financial guarantee that satisfactory maintenance shall be provided for all
      common  facilities jointly shared by said property owners providing that
      these common facilities  shall be maintained to agreed-upon standards
      prescribed by the organization or property owners of the area and set forth
      in the covenants and to be operated and  maintained at no expense of
      the county or any other governmental unit.

  C. Private Streets

       For Private Streets hereinafter established in the county, the following
       procedure shall be followed:

       1. Construction Standards:
          All private street rights-of-way and pavement shall be constructed in
          conformance with the Minimum Street Specifications as set forth in the
          Subdivision Control Ordinance unless special exceptions are recommended
          by the Commission to the Board as part of the Development Plan and Plat, and
          such special exception is granted by the Board.  The Board may, in approving a
          development which is proposed to contain private streets, permit a narrower
          width of paved surface than is required by the above specifications.  Such
          approval for reduced widths shall be based upon the street circulation system
          as shown in the Developmental Plan.  In no event shall the permitted pavement
          width be less than eighteen (18) feet.
       2. Posting
           At or near the entrance of each intersection of a private street with a
           dedicated public street there shall be erected and maintained by applicant or
           organization, a sign post to which is attached a sign having an area of at least
           fifteen (15) inches by twenty-one (21) inches, upon which is printed and
           clearly legible "PRIVATE STREET" and in at least one (1) inch letters the
           words " NOT DEDICATED FOR PUBLIC USE OR MAINTAINED
           BY THE PUBLIC".   The words, substantially the following manner:

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

    3. Maintenance
        All private streets shall be maintained by the owners of property contiguous or
        adjacent thereto or by aforesaid private organization in such a manner that
        adequate access by vehicular traffic is provided at all times so that fire,
        police, health, and sanitation vehicles and public utility vehicles can serve
        the properties contiguous or adjacent thereto, and so that said vehicles will have
        adequate turning area.

For questions or comments concerning these zoning ordinances please contact:
 Howard County Planning Commission
765-456-2330    (fax)765-456-2339
120 E. Mulberry St. Room 114
Kokomo, Indiana 46901


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