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.
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.
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.
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.
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.
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.
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.
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
