All applications for development review must be filed in conformance with the regulations below:

1. Filing Requirements: Applications are filed with the Administrator on forms provided by the Administrator in the number and manner designated. Paper copies must be drawn at a scale sufficient to permit a clear understanding of its contents and of the proposal being made.
2. Filing Deadlines:
   1. An application requiring a public hearing will be scheduled for a on a first-filed-first-scheduled basis.
   2. Applications not requiring a public hearing are filed with the Administrator and processed on a first-filed-first-processed basis. Incomplete applications will be returned to the applicant.
   3. When supplemental data for an application is required by the Town or offered by the applicant, it must be submitted at least 10 business days prior to the hearing date of the application. At the discretion of the Administrator, the scheduled hearing may be delayed allowing time to review the supplemental data.
3. Fees: A non-refundable filing fee must accompany applications filed according to this Ordinance. The Administrator may not process an application or issue a permit until all applicable fees pertaining to the application, and all other fees and fines owed by the applicant to the town, have been paid in full. This requirement applies not only to fees due for the specific application or permit, but also to fees and fines owed for any previous application, permit, or violation of this Ordinance. A current fee schedule may be found at the Town Hall.
4. Special Requests: The Administrator or any board or commission before which an application is pending may require an applicant to submit additional information or documentation to allow a full consideration of the application.

1. Second Applications: When an application is denied on its merits, a successive application seeking essentially the same request cannot be filed for a one year from the denial date. If the Administrator determines there is substantial new evidence or a misinterpretation of law or fact occurred significantly affecting the prior denial, the successive application may be allowed. The successive application must include a detailed statement justifying its consideration.
2. Summary Denial With or Without Hearing: The Administrator may summarily deny without hearing any successive application upon finding that no grounds warrant a new hearing. When a successive application is set for hearing, the applicant is required to establish grounds warranting reconsideration of the merits of its application before being allowed to offer any evidence on the merits. The application may be summarily dismissed for failure to establish grounds for reconsideration.
3. Exception: Any successive application filed more than one year after the denial of a prior application is filed as though no prior application had been filed. The applicant should identify changes in conditions that have developed since the denial of the prior application.
   

1. Published Notice of Public Hearing: For applications requiring a public hearing, the Town publishes notice in conformance with IC 5-3-1 et. seq. and the rules of the board or commission. The applicant pays for the advertising costs.
2. Notice of Public Hearing through Posted Sign: In addition to the notice required by IC 5-3-1 et. seq., the Administrator must post a sign on the affected property at least 10 days before the hearing and removed no more than 10 days after the public hearing. The sign must state the date, time, and location of the hearing and a description of the matter being heard. Proof of notice by affidavit is required.
3. Notice to Interested Parties: The applicant must provide by first class mail written notice to interested parties at least 10 days prior to the hearing. The applicant must also send written notice to all neighborhood associations or civic associations registered with the Town to receive notice of public hearings. Proof of notice by affidavit is required.
   

1. Staff Review: The Administrator refers every application requiring a public hearing to the appropriate Town official, departments and committees. Each official or committee receiving an application is asked to review the application and submit written comments to the Administrator. Comments are due at least 10 days prior to the hearing date and are available to any person upon request.
2. Public Hearing: The provisions of this Ordinance and the rules established by the body conducting the hearing govern the conduct of hearings.
3. Examination and Copying of Application and Other Documents: Any person may examine the application and supporting documentation, subject to the exceptions of the Indiana Access to Public Records Act. Any person is entitled to copies of the application and documents upon reasonable request and payment of a fee to cover the cost of the copies.
   

While the provisions of this Ordinance are detailed and extensive, they cannot address every specific situation. Many such situations can be addressed by interpreting the specific provisions of this Ordinance considering the general and specific purposes for which those provisions have been enacted. The interpretation authority established is an administrative rather than a legislative authority. It is not intended to add to or change the essential content of this Ordinance but is only to allow authoritative application of that content to specific cases.

1. Authority: The Administrator may render written interpretations of the provisions of this Ordinance and of any rule or regulation issued according to it.
2. Parties Entitled to Seek Interpretations: A person having a legal or equitable interest in the subject property may file an application for interpretation. Applications are not accepted for solely hypothetical circumstances or where the interpretation has no affect other than as an advisory opinion.
3. Procedure for Review and Decision:
   1. Application: Applications for an interpretation are filed according to 8.1 Applications.
   2. Action on Application: Within 10 business days following the receipt of a complete application, the Administrator provides the applicant a written interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based.
   3. Records: A record of all applications are kept on file in the office of the Administrator. The Administrator keeps an up-to-date listing of decisions regarding the applications for interpretation. The listings are part of the public record.
   4. Appeal: Appeals from interpretations rendered by the Administrator may be taken to the BZA according to 8.6 Appeals.
4. Standards for Interpretations: The following standards govern interpretations by the Administrator and the BZA on appeals from the Administrator.
   1. An interpretation cannot permit a use in any zoning district unless evidence shows the use complies with the general district regulations established for that zoning district;
   2. An interpretation cannot permit a use in a particular zoning district unless the use is determined to be substantially like other uses permitted in the zoning district;
   3. Where a proposed use is most similar to a use permitted only as a special exception, then interpretation permitting such use is conditioned on the approval of a special exception; and
   4. An interpretation cannot permit the establishment of any use inconsistent with the statement of purpose of the zoning district.
5. Effect of Favorable Interpretations: Interpretations do not authorize the establishment of uses nor the development, construction, or moving of any structure. Interpretations merely authorize the filing of applications for permits and approvals required.
6. Limitations on Interpretations: Use interpretations are only valid for 12 months from the date of issue, unless a time extension is granted by the Administrator. A use interpretation applies only to the use for which the interpretation was requested.

The appeal procedure provides a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid legal action by establishing local procedures to review and correct administrative errors.

1. Authority: The BZA hears and decide appeals from:
   1. any order or decision made by an administrative official or staff member under this Ordinance; and
   2. any order or decision made by an administrative board or other body, except the Plan Commission, in relation to the enforcement of this Ordinance.
2. Parties Entitled to Appeal: Any person aggrieved by an order or decision made by a staff member, an administrative official, or other body under this Ordinance except the Plan Commission may take an appeal to BZA.
3. Procedure:
   1. Application: An appeal is filed according to the requirements of 8.1 Applications. Every appeal must specify, in writing, the grounds under which the appeal is being taken. Failure to do so causes the appeal to be deemed incomplete and the Administrator returns it to the applicant at the applicant’s expense.
   2. Action by Administrator: Upon receipt of a complete application, the Administrator transmits it to the BZA with documents, plans and papers constituting the record upon which the action appealed from was taken. The appeal is scheduled for a hearing according to the requirements of 8.4 Review and Hearings.
   3. Public Hearing and Notice: Notice of the hearing is provided according to the requirements of 8.3 Notice.
   4. Stay Work Pending Appeal: Filing an appeal stays all proceedings in the action appealed, unless the administrative official or board from which the appeal was taken, certifies to the BZA that a stay would cause imminent peril to life or property.
   5. Action by BZA: After the hearing, the BZA makes a written decision on the appeal. The decision may reverse, affirm, or modify, in whole or in part, the action appealed and may include a determination of what is appropriate for the premises. Failure of the BZA to act after of the hearing is a decision denying the appeal.
   6. Judicial Review: Every decision by the BZA is subject to Judicial Review as provided for by I.C. 36-7-4-1600 et al. Any person aggrieved by a decision of the BZA may present to the Hendricks County Court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. A petition must be filed for judicial review within 30 days from the date of the vote of the BZA.
4. Right to Grant Variance in Deciding Appeals: When an appeal is accompanied by a variance application, the BZA notices, hears, decides to grant, or denies the variance in compliance with 8.7 Variances.
5. Conditions and Limitations on Rights Granted by Appeal: Where this Ordinance imposes limitations upon any right, any right granted by the BZA is subject to limitations in the same manner as if secured without requiring an appeal.

The variance procedures are intended to provide a process where relief may be granted from the strict applications of this Ordinance that results in practical difficulties or unnecessary hardships.

1. Authority: The BZA may authorize variances from the terms of this Ordinance when not contrary to the public interest and where special conditions create circumstances where a strict application of this Ordinance result in practical difficulty or unnecessary hardships.
2. Parties Entitled to Seek Variance: A person having a legal or equitable interest in the subject property may file an application for variance.
3. Procedure for Review and Decision:
   1. Application: Applications for a variance are filed according to the requirements of 8.3 Notice.
   2. Action by Administrator: Upon receiving a complete application for variance, the Administrator transmits the application to the BZA with administrative reports and recommendations regarding the application. The application is scheduled for a public hearing according to the requirements of 8.3 Notice.
   3. Notice: Notice of the public hearing must be provided according to the requirements of 8.3 Notice.
   4. Action by BZA: After the public hearing, the BZA approves, approves with conditions, or disapproves the application. Upon reaching a decision, the BZA instructs the Administrator to notify the applicant in writing of its decision. If the application is approved or approved with modifications, the BZA instructs the Administrator to issue a variance permit listing the variance allowed and the specific conditions specified by the BZA for approval. If the application is disapproved, a petition appealing the decision may be filed with the Hendricks County Court according to the procedure below.
   5. Judicial Review: Every decision by the BZA is subject to Judicial Review as provided for by I.C. 36-7-4-1600 et al. Any person aggrieved by a decision of the BZA may present to the Hendricks County Court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. A petition must be filed for judicial review within 30 days from the date of the vote of the BZA.
4. Standards for Variances:
   1. Variances of Use: The BZA may approve, or approve with conditions, a variance of use from the terms of this Ordinance only upon determining in writing the variance will meet each of the following conditions:
      1. the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
      2. the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
      3. the need for the variance arises from some condition peculiar to the property involved;
      4. the strict application of the terms of the Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
      5. the approval does not interfere substantially with the comprehensive plan for the Town of Avon.
   2. Variance of Development Standards: The BZA may approve, or approve with conditions, a variance of the development standards (such as height, bulk, or area) of this Ordinance only upon determining in writing the variance will meet each of the following conditions:
      1. the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
      2. the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
      3. the strict application of the terms of the Ordinance will result in practical difficulties in the use of the property.
         
5. Variance Different Than Requested: The BZA may grant a variance different than requested when the record supports the applicant’s right to some relief but not to the relief requested.
6. Conditions on Variances: The BZA may impose conditions concerning the use and development of the property relating to the purposes and objectives of this Ordinance. The conditions must be written in the order granting the variance. Violation of any condition is a violation of this Ordinance and subject to enforcement. In addition to prescribing conditions, the BZA may require the owner of the subject property to make written commitments concerning the use or development of the property.
7. Effect of Grant of Variance: Granting a variance does not authorize the establishment or extension of any use nor the development or alteration but merely authorizes the preparation, filing, and processing of applications for permits and approvals required.
8. Limitations on Variances: A variance is deemed to authorize only the construction or development for which it was issued. It automatically expires if the construction or development exceeds the scope authorized.
9. Expiration of Grant: A variance has a maximum duration of 12 months unless an improvement location permit is issued, and construction is actually begun and diligently pursued to completion. If good cause is shown, the Administrator may extend the period up to 12 additional months.
10. Judicial Review: Every decision by the BZA is subject to Judicial Review as provided for by I.C. 36-7-4-1600 et al. Any person aggrieved by a decision of the BZA may present to the Hendricks County Court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. A petition must be filed for judicial review within 30 days from the date of the vote of the BZA.

Special exceptions are uses that, because of their unique characteristics and potentially adverse impacts require a greater degree of scrutiny to determine their suitability in a location. Determining a special exception’s appropriateness is contingent upon meeting a set of development standards.

1. Authority: The BZA may approve, approve with conditions, or deny an application for a special exception.
2. Parties Entitled to Seek Special Exceptions: A person having a legal or equitable interest in the subject property may file an application for a special exception with the Administrator.
3. Procedure for Review and Decision:
   1. Application: Special exception applications are filed according to with the requirements of 8.1 Applications.
   2. Action by the Administrator: Upon receiving a complete application, the Administrator transmits the application to the BZA with administrative reports and recommendations regarding the application. The application is scheduled for a public hearing according to the requirements of 8.4 Review and Hearings.
   3. Notice: Notice of the public hearing must be provided according to the requirements of 8.3 Notice.
   4. Action by the BZA: After the public hearing, the BZA approves, approves with conditions, or denies the application. Upon reaching a decision, the BZA instructs the Administrator to notify the applicant in writing of its decision. If the application is approved or approved with conditions, the BZA also instructs the Administrator to issue a special exception permit specifying all conditions associated with the approval.
   5. Judicial Review: Every decision by the BZA is subject to Judicial Review as provided for by I.C. 36-7-4-1600 et al. Any person aggrieved by a decision of the BZA may present to the Hendricks County Court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. A petition must be filed for judicial review within 30 days from the date of the vote of the BZA.
4. Standards for Special Exceptions:
   1. The BZA reviews the particular facts and circumstances of each special exception. The special exception use at the proposed location must prove it:
      1. will not be detrimental to the public's health, safety, or general welfare;
      2. will not be injurious to the use and enjoyment of other property in the immediate vicinity or substantially diminish or impair property values within the specific zoning district;
      3. will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed special exception are able to adequately provide such services; and
      4. will not create excessive additional requirements at public expense for public facilities and services, nor be detrimental to the economic welfare of the community or result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
   2. The BZA may take into consideration the following facts as established by the evidence:
      1. How the proposed special exception meets the requirements and standards of this Ordinance and its relationship and compatibility to adjacent properties and neighborhoods.
      2. How the proposed special exception makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space and furthers the amenities of light and air, recreation, and visual enjoyment.
      3. How will proposed special exception aligns with the general objectives of the Comprehensive Plan.
5. Supplementary Conditions and Safeguards: The BZA may impose conditions concerning the use and development of the special exception to implement the purposes and objectives of this Ordinance. The conditions must be written in the order granting the special exception. Violation of any condition is a violation of this Ordinance and subject to enforcement. In addition to prescribing conditions, the BZA may require the owner of the subject property to make written commitments concerning the use or development of the property.
6. No Presumption of Approval: The listing of a special exception within each zoning district does not assure or presume the special exception will be approved. Rather, each proposed special exception is evaluated on an individual basis, in relation to its compliance with the standards and with the development standards for the district where it is located.
7. Limitations on Special Exceptions: Special exception approval authorizes only the particular use at the location for which the special exception was granted. A special exception permit automatically expires if, for any reason, the special exception is discontinued or abandoned for a period of 12 months.
8. Effect of Approval: Special exception approval does not authorize the development or alteration but merely authorizes the preparation, filing and processing of applications for permits or approvals required by the regulations of the Town.
9. Judicial Review: Every decision by the BZA is subject to Judicial Review as provided for by I.C. 36-7-4-1600 et al. Any person aggrieved by a decision of the BZA may present to the Hendricks County Court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. A petition must be filed for judicial review within 30 days from the date of the vote of the BZA.

This article provides standards and procedures for making amendments to the text of this Ordinance and the Zoning Map. The amendment process is not intended to relieve particular hardships nor confer special privileges upon any person but only to make adjustments necessary due to changed conditions or changes in public policy.

1. Authority: This Ordinance and the Zoning Map may be amended by the Town Council according to the following procedures.
2. Parties Entitled to Initiate Amendments:
   1. Amendment to Text: Amendments to text of this Ordinance may be initiated by the Plan Commission or by Town Council.
   2. Amendment to Zoning Map: Amendments to the Zoning Map may be initiated by the Plan Commission, by Town Council, or by a petition of at least 50% of the owners of the property proposed to be affected by the amendment.
3. Standards for Amendments: When considering amendments, the Plan Commission and the Town Council will pay reasonable regard to:
   1. the Comprehensive Plan;
   2. the current conditions and current structures and uses within each zoning district;
   3. the most desirable use for which the land in each zoning district is adapted;
   4. the conservation of property values throughout the jurisdiction; and
   5. responsible development and growth.
4. Procedure for Review and Decision: A petition to amend the Ordinance or Zoning Map follows the procedures below:
   1. Petitions: Proposals for amendment are filed according to 8.1 Applications.
   2. Action by the Administrator: Upon receipt of a complete application, the Administrator transmits the proposal to the Plan Commission with administrative reports and recommendations regarding the proposal. The proposal is scheduled for a public hearing according to 8.4 Review and Hearings.
   3. Town Council Introduction: At the first regularly scheduled Town Council meeting after the receipt of a complete application, the applicant presents the proposal to the Town Council for their initial comments. The Council’s comments are not binding, but rather are intended to provide the applicant some feedback regarding the proposal prior to the Plan Commission’s public hearing.
   4. Notice: Notice of the hearing provided according to 8.3 Notice.
   5. Plan Commission Action: Within 60 days of receiving a complete application, the Plan Commission holds a public hearing on the proposed amendment. After the hearing, the Plan Commission makes a written recommendation on the proposal. Within 10 business days after the Commission makes its recommendation, the Commission certifies the proposal to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
   6. Town Council Action: Within 90 days of the Plan Commission recommendation, the Town Council votes on the proposal according to IC 36-7-4-607 et. seq. for text amendments or IC 36-7-4-608 et. seq. for Zoning Map amendments.
   7. Map Amendments Nullification: If, after the adoption of a Zoning Map amendment, the Town Council finds the petition was adopted as a result of a person’s material misrepresentation or omission of facts, the Town Council may adopt an ordinance to nullify any change in the Zoning Map that resulted from the misrepresentation or omission. Such an ordinance may be adopted by the Town Council without being referred to the Plan Commission for consideration and recommendation.
5. Written Commitments: In approving a Zoning Map amendment, the Plan Commission may require the owner of the subject property to make written commitments concerning the use or development of the property. The written commitments must be recorded according to 8.15 Commitments.

In certain zoning districts, the review and approval of a development plan is required.

1. Purpose: The development plan review process is designed to: promote the safe and efficient use of land, protect property values, and ensure for an orderly and harmonious development pattern according to the Comprehensive Plan.
2. Authority:
   1. The Plan Commission has exclusive authority to review and approve development plans specifically assigned to the Plan Commission by this Ordinance.
   2. The Administrator has the exclusive authority to review and approve development plans specifically assigned to the Administrator by this Ordinance.
   3. Any development proposal not specifically assigned to either the Plan Commission or Administrator for review and approval is presented to the Administrator. The Administrator determines the body responsible for the review or whether review is not required. Any determination by the Administrator may be appealed to the BZA according to 8.6 Appeals.
3. Scope of Application:
   1. Plan Commission review of development plans is required for:
      1. Improvements within any Institutional Use District (1) not included on the approved Institutional Use District Master Plan; or (2) exceeding the approved parameters of the Institutional Use District Master Plan by more than 10%;
      2. The addition of any:
         1. Vehicular access point to any existing public right-of-way;
         2. Vehicular access point to any internal private drive not shown on a previously approved Development Plan;
         3. Drive-Through service lane;
         4. Loading dock; or
         5. Outdoor storage or sales area exceeding fifteen percent (15%) of the under-roof area of the associated structure;
      3. Additions or expansions of any existing non-residential use or structure by more than 35% of its current size.
   2. Administrator review of development plans is required for all:
      1. Secondary review of any non-residential portion of any Planned Unit Development District.
      2. New construction;
      3. Redevelopment of existing sites;
      4. Conversion of an existing structure or site requiring external site improvements;
      5. Additions or expansions of any existing use or structure by less than 35% of its current size;
      6. The addition or removal of any:
         1. Outdoor storage or sales area comprising less than 15% of the under-roof area of the associated structure;
         2. Sidewalk, multi-use path or other pedestrian conveyance not shown on any Town connectivity plan; and
         3. Parking spaces or paved surface parking area of more than 10% of existing spaces or area.
      7. The Administrator determines the requested modifications do not adversely impact the purpose or intent of the overall development prior to approval of any requested Administrator review. Should the Administrator find potential adverse impact, the petitioner may submit for review by the Plan Commission.
      8. Minor modifications authorized by the Administrator are reported to the Plan Commission at their next regular meeting.
         
   3. Development Plan Review is required in all zoning districts except for:
      1. Single-Family Detached Residential uses in Residential Districts
      2. Uses in the E-1 district
4. Parties Entitled to Approval of a Development Plan: A person having a legal or equitable interest in the subject property may file an application for development plan approval with the Administrator.
5. Procedure for Review and Decision:
   1. Application: Applications for development plan approval are filed according to the requirements of 8.1 Applications.
   2. Pre-Application Meeting: Prior to the filing of a development plan application, the petitioner must attend a pre-application meeting with the Administrator or the Administrator’s designee. The purpose of the pre-application meeting is to:
      1. acquaint the petitioner with the development plan review process and the requirements for submittal,
      2. identify impacted utility and emergency service providers;
      3. identify the need for a traffic impact study or traffic impact analysis; and identity the need for any additional information.
      Neither the petitioner nor the Town is bound by any decisions made during a pre-application meeting. Failure by the Town to identify the need for a traffic study does not eliminate ability of Town or Plan Commission to require one at later date. Failure by the Town to identify an impacted utility or emergency services provider does not eliminate the ability of the provider to review and comment on the application later.
   3. Technical Advisory Committee (TAC): An affidavit confirming the application has been submitted to all TAC member agencies impacted by the proposed development is required as part of the submittal to the Town of Avon Department of Planning and Building.
      1. The Department maintains a list of TAC members, utility and service providers with facilities within the Town’s planning and zoning jurisdiction;
      2. The petitioner is responsible for the distribution of a full set of development plans to TAC members unless specifically released in writing by the member;
      3. The petitioner is responsible for paying any fees assessed by the TAC member for the review of the submitted plans.
      4. The Department is responsible for soliciting comments on the submittal from the TAC members for inclusion in the petition file.
   4. TAC Review Meeting: The goal of the TAC meeting is to allow the applicant to discuss his project with the TAC members prior to review by the Plan Commission. The applicant may revise the Development Plan based upon comments received.
      
      The Administrator forwards report of this meeting with the application.
      
      TAC members may request additional meetings to address unresolved issues or review responses to requested revisions.
   5. Public Hearing and Notice: The application is scheduled for a public hearing according to the requirements of 8.4 Review and Hearings. Notice of the public hearing according to the requirements of 8.3 Notice is required.
   6. Decision of Plan Commission: After hearing, the Plan Commission approves, approves with conditions, or disapproves the application. Upon reaching its decision, the Plan Commission instructs the Administrator to notify the applicant in writing of its decision. If the application is approved or approved with modifications, the President and the Secretary of the Plan Commission signs and dates a copy of the complete approved plan, and this copy becomes the official approved Development Plan. The complete approved plans must include references to all variances or special exceptions obtained and any recorded written commitments.
      1. Supplementary Conditions and Safeguards: The Plan Commission may impose conditions on the approval of the Development Plan to achieve the purposes and objectives of this Ordinance. The conditions are made part of the Development Plan and become a part of the written findings of fact of the Plan Commission. Violation of any condition subject to enforcement.
      2. Special Studies Required: The Plan Commission may require additional information to make its decision. It may request the applicant or the Administrator additional studies or to seek expert advice. The cost of additional studies or advice is the responsibility of the applicant.
      3. Commitments: In addition to prescribing conditions, the Plan Commission may require the owner of the subject property to make written commitments concerning the use or development of the property.
      4. Effect of Approval: Approval of a development plan does not authorize the establishment or extension of any use nor the development, construction, alteration, or moving of any building or structure, but merely authorizes the filing of applications for any permits and approvals required. A State Design Release from the State Building Commissioner or the State Fire Marshall may also be required for multiple family, commercial, and industrial projects, as well as any building that is to be occupied by the public.
      5. Limitations of Approval: The approval of a development plan authorizes only the construction or development approved. It automatically expires if the construction or development is beyond the scope approved.
      6. Pre-Construction Meeting: Prior to the issuance of an Improvement Location Permit, the petitioner participates in a pre-construction meeting to determine whether all conditions of the Plan Commission’s approval of the development plan have been met. At a minimum, the petitioner, the Administrator, the Building Commissioner, the Town Planner, the Town Engineer, and the Fire Marshall must be present at the pre-construction meeting. The Administrator may invite additional staff or departments to the pre-construction meeting.
      7. Expiration of Approval: The applicant has 12 months from the date of approval to obtain an Improvement Location Permit. If the applicant fails to obtain an Improvement Location Permit within this period, the development plan approval becomes void. The Plan Commission may, for good cause shown, extend this period up to 6 additional months.
   7. Judicial Review: Every decision by the Plan Commission is subject to Judicial review according to I.C. 36-7-4-1600 et al. Any person aggrieved by a decision of the Plan Commission may present to the Hendricks County Court, a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. A petition must be filed for judicial review within 30 days from the date of the vote of the Plan Commission.
6. Criteria for Review: In making a decision, the Plan Commission evaluates the development plan against the following criteria:
   1. The arrangement of the structures on the site with respect to:
      1. allowing safe and effective use of the proposed development;
      2. creating innovative and efficient environments that enhanced relationship between the development and the site;
      3. compatibility with development on adjacent property; and
      4. consideration of off-site utilities and services and minimizes potential impacts on existing or planned municipal services, utilities, and infrastructure.
   2. The architectural style of a project and its type, arrangement, and use of building materials to enhance the built environment the Town.
   3. The arrangement of open space and landscape improvements on the site that:
      1. create a desirable and functional environment for patrons, pedestrians, and occupants;
      2. preserve unique natural resources where possible; and
      3. respect desirable natural resources on adjacent sites.
   4. Traffic circulation that creates conditions favorable to the health, safety, and harmonious development including:
      1. Street and highway access points that minimize safety hazards and congestion by their design and location;
      2. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic generated by the proposed development;
      3. The pedestrian circulation that minimizes safety hazards for pedestrians and vehicular traffic; and
      4. Internal traffic circulation with access points compatible with existing and planned streets and adjacent developments.
   5. Parking lots or garages that:
      1. are located, designed, and screened to minimize adverse visual impacts on adjacent properties; and
      2. provide perimeter parking lot screening and internal landscaped islands as required by 6.7 Landscaping – Parking Lots.
   6. Landscaping that meets the intent of 6.1 – 6.9 Landscaping by:
      1. creating clear transitions to adjoining lots and developments;
      2. screening incompatible uses;
      3. minimizing the visual impact of the development on adjacent sites and roadways; and
      4. utilizing native plant materials compatible with the local climate and the specific conditions of the site.
   7. Outdoor lighting designed and installed to minimize adverse impacts to adjacent properties.
   8. Provision of site development features such as vehicle and pedestrian connectivity, elements of site character, and innovative stormwater management techniques consistent with the intent of the Comprehensive Plan.
   9. Grading, drainage, and erosion control measures that meet the requirements of CHAPTER 7: SUBDIVISION REGULATIONS and the Storm Drainage, Erosion and Sediment Control Ordinance.
   10. For infill development, cohesiveness with the surrounding neighborhood is important. Therefore, the compatibility of the proposed development with the neighborhood is reviewed regarding:
       1. Massing of the building form
       2. Building scale
       3. Location and treatment of entryways (including porch heights)
       4. Surface materials, finishes, and textures
       5. Size of the building footprint
       6. Eave heights
       7. Building silhouette
       8. Spacing between buildings
       9. Setbacks from street property lines
       10. Proportions of windows, bays, doorways, etc.
       11. Shadow patterns from massing and features
       12. Landscaping
       13. Driveway surfacing
7. Performance Guarantee: The applicant may be required to furnish a performance guarantee surety per 7.24 Surety Standards or an irrevocable letter of credit. A performance guarantee for landscaping will be held for one year after issuing the permanent Certificate of Occupancy to insure survival of the required landscaping.

1. Scope: An Improvement Location Permit is required prior to: (1) erecting moving, adding to, or structurally altering a building or structure, or (2) establishing or changing the use of any building, structure, or land. The Administrator can only issue an Improvement Location Permit when the application conforms with the provisions of this Ordinance, or after the BZA approves an appeal, special exception, or variance.
2. Application for Improvement Location Permit:
   1. An Improvement Location Permit application must be signed by the owner or agent attesting to the truth and accuracy of all information supplied in the application.
   2. Applications are filed with the Administrator on forms provided by the Administrator in the number and manner designated. Paper copies must be drawn at a scale sufficient to permit a clear understanding of its contents and of the proposal being made.
   3. The Improvement Location Permit application for an industrial use must include a Certificate of Compliance signed by a registered professional engineer or architect certifying the intended use satisfies the provisions of this Ordinance.
3. Action by the Administrator: Within 15 business days after receiving a completed application, the Administrator will approve or disapprove the application. One set of the plans is marked either “approved” or “disapproved” and returned to the applicant. If the application is approved, the Administrator issues a placard to the applicant. The placard must be posted in a conspicuous place on the subject property. If disapproved, the Administrator notifies the applicant in writing indicating the reasons for disapproval.
4. Expiration of the Improvement Location Permit: Work authorized by an Improvement Location Permit must start within 36 months of issuing the permit; otherwise permit expires and becomes void. All work must be completed within 10 years from issuing the permit.
5. Failure to Obtain an Improvement Location Permit: Failure to obtain an Improvement Location Permit is a violation of this Ordinance and subject to enforcement.
6. Limitation on Improvement Location Permits: Improvement Location Permits issued based on plans and applications authorize only the use or arrangement set forth in the approved application or its amendments. Any use, arrangement, or construction contrary to that authorized is a violation of this Ordinance and subject to enforcement.
7. Records of Improvement Location Permits: Every Improvement Location Permit issued according to this article is be kept on file and is available as a public record.

1. Scope: It is unlawful to use or occupy any building and/or premises until a certificate of occupancy is issued by the Administrator. The certificate of occupancy states the use of the building and/or premises conforms to the requirements of this ordinance as confirmed by the Administrator.
2. Application for Certificate of Occupancy: Applications for a Certificate of Occupancy are filed with the Administrator at least 30 calendar days before the improvements to any building or premises are completed. The application must comply with the requirements of 8.1 Applications of this Ordinance.
3. Change in Use: A change in the use of land or buildings is prohibited without a Certificate of Occupancy.
4. Change of Occupancy: A Certificate of Occupancy is required prior to occupying any nonresidential structure or the premises where it is located.
5. Issuance of Certificate of Occupancy: Within 10 business days of the applicant’s notification that improvements are completed, the Administrator may issue a Certificate of Occupancy after confirming the improvements are complete.
6. Temporary Certificate of Occupancy: A Temporary Certificate of Occupancy may be issued by the Administrator for a period of up to 6 months during alterations or partial occupancy of a building or structure pending its completion. A Temporary Certificate of Occupancy may be administratively renewed by the Administrator for up to 6 additional months. Prior to the expiration of an administratively renewed Temporary Certificate of Occupancy, an appeal to the BZA requesting an additional renewal for up to 12 additional months may be filed. The BZA may approve or approve with conditions the renewal appeal only after determining in written findings that:
   1. The renewal request arises from some condition peculiar to the property involved; and
   2. A strict application of the 12-month limit constitutes an unnecessary hardship when applied to the property for which the appeal is sought.
   A Temporary Certificate of Occupancy has a maximum duration of 24 months.
7. Failure to Obtain a Certificate of Occupancy: Failure to obtain a Certificate of Occupancy is a violation of this Ordinance and subject enforcement.
8. Limitation on Certificates of Occupancy: Certificates of Occupancy issued based on plans authorize only the use or arrangement described in the approved application or its amendments. Any use, arrangement, or construction contrary to that authorized is a violation of this Ordinance and subject to enforcement.
9. Records of Certificate of Occupancy: Every Certificate of Occupancy issued according to this section is kept on file in the Office of the Administrator and is available as a public record.
   

1. No sign, except as provided in 6.15 Signage – Exemptions and Nonconforming Signs, can be erected, constructed, altered, or relocated without first obtaining a permit from the Administrator. This provision includes changes to the face of an existing sign.
2. Applications for a sign permit are filed with the Administrator according to the requirements of this chapter. Applications must contain the following information.
   1. Name, address, and telephone number of the applicant.
   2. A site plan drawn to scale showing the location of the building, structure, or parcel of property to which, or upon which, the sign or signs are to be attached or erected and the location of parking, driveways and landscaped areas and the position of each sign in relation to building, structure or parcel;
   3. Computation of maximum sign area for the lot and for each individual sign, as well as the height of each sign and the height of each sign in relation to street grade;
   4. Two copies of detailed sign plans and specifications that demonstrate the method of construction; and
   5. A sketch showing sign faces, exposed surfaces and the proposed message thereof accurately represented in scale as to size, proportion and color.
   6. A sign lighting plan that meets the requirements of 6:16 Signage – General Standards.
   7. Name of the person, firm, corporation or association erecting, constructing, altering or relocating the sign.
   8. Written consent of the owners of the building, structure, or land on or to which the sign is to be erected.
   9. Other information as the Administrator may require demonstrating full compliance with this and all other laws and ordinances of the Town.
3. Issuance of a Sign Permit:
   1. Administrator: Upon receipt of a fully complete sign permit application, the Administrator examines the application and all supplementary material to determine compliance with this Ordinance and any other applicable Town ordinances or laws. The Administrator takes formal action on the application within 30 days of the date the application was filed.
   2. Approval by Electrical Inspector: Applications for a sign permit involving electrical wiring and connections are also be reviewed and approved by the Electrical Inspector for the Town.
   3. Validity of the Permit: If work authorized under a sign permit has not been started within 6 months or completed within one year of the date of issuance, the sign permit becomes void.
   4. Effect of the Permit: Issuance of a sign permit does not permit or authorize the erection, construction, alteration, or relocation of an illegal sign nor does a permit issued constitute a defense in an action to abate an illegal sign.
   5. Appeals: Decision of the Administrator are appealed to the Board of Zoning Appeals according to 8.6 Appeals.
      

1. Authority: The Administrator is authorized by this Ordinance to issue a temporary use permit for uses allowed in zoning districts as temporary uses in CHAPTER 4: USE STANDARDS.
2. Application: An application for a temporary use permit is filed according to the requirements of 8.1 Applications.
3. Action of the Application: Within 10 business days following the receipt of a complete application for a temporary use permit, the Administrator informs the applicant in writing of his decision. A temporary use permit will not be issued until the Administrator is satisfied that the use allowed by the temporary use permit will not adversely affect the public health, safety or general welfare of the Town of Avon or immediate neighborhood.
4. Appeals: Appeals from the decision of the Administrator can be made to the BZA according to 8.6 Appeals.
   
5. Conditions: The Administrator may require certain conditions to promote the public health, safety or general welfare before the issuance of a temporary use permit.

The Town Council, Plan Commission, or BZA may require or allow the owners of a parcel of property to make written commitments concerning the use or development of that property in connection with a map amendment, a planned unit development, a development plan, a variance, or special exception. Commitments required, made or modified shall be required, made and/or modified in a manner consistent with the provisions of IC 36-7-4-1015.

1. Form: The commitments must be in writing in recordable form and signed by the owners of the property. The Administrator approves the form of the commitments prior to their submission.
2. Application: The commitments run with the land and are binding on the current owners of the property and any person acquiring an interest in the property. An unrecorded commitment is binding on the owners of the property and any person acquiring an interest in the property only if the person acquiring an interest in the property has actual notice of the commitment.
3. Recordation: The effective date of the commitments is the date the application was approved. The commitments are reviewed by the Town Attorney and recorded by the Administrator in the Office of the Recorder of Hendricks County, Indiana. Proof the commitments were recorded is kept in the official records of the Plan Commission. Written Commitments must be recorded within 30 days of the approval.
4. Modification and Termination: The commitments may be modified or terminated only with the approval of the owners of the property subject to the commitments, and the body requesting the commitments (the Town Council, the Plan Commission or the BZA, as the case may be) after a public hearing. Commitments made or required in connection with a map amendment or a planned unit development terminate if the zone map applicable to the parcel is changed.
5. Enforcement:
   1. Commitments made in connection with this Ordinance may be enforced, jointly or independently, by:
      1. the Plan Commission or the BZA, as the case may be;
      2. the Administrator;
      3. any owners of the properties subject to the commitments; and
      4. any owners of the properties who received notice of the original zoning amendment or planned unit development, including subsequent purchasers of such properties.
   2. If it becomes necessary to enforce commitments made in connection with this Ordinance in court, and the owner of the property is found to be in violation of commitments, the owner pays all reasonable costs connected with the enforcement of the commitments, including attorney fees.
   3. If signed written commitments are not returned per 8.15 Commitments, the Town has the following remedies:
      1. Revocation of the map amendment;
         
      2. Injunctive relief according to 8.15 Commitments;
      3. Waiver of modification of commitments according to 8.15 Commitments.
   4. The procedure to revoke a map amendment according to 8.15 Commitments is the same as the map amendment process and requires a public hearing.
      

In connection with a Development Plan, Preliminary Plat, or Final Plat, the Plan Commission may approve a request for a waiver of the provisions in CHAPTER 7: SUBDIVISION REGULATIONS if the purpose of the design standards is better served by an alternative proposal and the benefit achieved or the public interest served does not undermine the intent and purpose of this Ordinance.

The Plan Commission cannot approve waivers unless it makes written findings for each specific request that granting the waiver:

• Will not be detrimental to the public health, safety, or general welfare, or be injurious to adjacent or nearby property;
• Will not contradict the intent of design standards or the purpose of the Subdivision Regulations;
• Is due to conditions specific to the property and the proposed development and not applicable generally to other properties;
• Enhances the proposed development and the surrounding area;
• At the time of filing an application, the petitioner submits a written statement of waivers being requested stating the grounds for each request and detailed written findings of fact in support of each request. Only design standards specifically identified in each request may be waived by the Plan Commission. Waivers may only be granted after a public hearing.
  

In connection with a Development Plan, Preliminary Plat, or Final Plat, a request for a waiver of the dimensional and quantitative standards of up to 35% for the provisions in CHAPTER 2: ZONING DISTRICTS, CHAPTER 5: DESIGN AND MAINTENANCE STANDARDS and CHAPTER 6: IMPROVEMENT STANDARDS may be approved consistent with the following requirements:

• The proposal does not create conditions detrimental to the public health, safety, and welfare.
• The proposal is harmonious with the purpose and intent of the zoning district in which the project is located.
• The proposal enhances the overall Development Plan, Preliminary Plat, or Final Plat, the abutting streetscapes and neighborhoods, and the surrounding area.
• The proposal does not produce a site design that is impractical or detracts from the appearance of the proposed development and the surrounding area.
• The proposal provides improved site design characteristics such as increased pedestrian connections, enhanced landscaping, tree preservation, or public art.
  

For items where final approval has been delegated to staff, the Administrator has the authority to grant wavers. In all other circumstances, the Plan Commission may grant the waiver after a public hearing.

In granting the waiver, the Plan Commission or Administrator may impose conditions it deems necessary to secure the purposes of this article. The applicant retains the right to petition the Board of Zoning Appeals for a variance from development standards as provided in IC 36-7-4-918.5.

The Planned Unit Development (PUD) zoning district provides for the development of mixed zoning classifications, densities, and uses under a common classification when presented to the Plan Commission in a well-prepared, organized and documented plan. This zoning district is intended to:

• Encourage large-scale, identity-building developments that mix uses, building types, and building arrangements;
• Provide greater flexibility for sites with natural constraints in order to conserve natural resources; and
• Allow a review process for creative building types that do not fit well into other zoning districts.
  

In a Planned Unit Development District, the Plan Commission and the Town Council have the authority to approve Planned Unit Developments that vary from the provisions of this Ordinance provided such variation:

• Achieves the purposes of planned unit developments as identified in this chapter;
• Does not violate the general purposes, goals, and objectives of this Ordinance and the Comprehensive Plan;
• Does not unduly burden adjacent roadways; and
• Results in a development providing adequate levels of open space and other amenities within the proposed development and the Town.
  

Properties subject to any Planned Unit Development request must: (1) be under single ownership or control, or (2) if not under single ownership or control, must demonstrate consent of the owners of property included in the PUD request.

All owners of record must provide a signed, notarized consent form for the petition file authorizing inclusion of the property within the PUD request. The properties included within a PUD request must be contiguous.

Properties included in a Planned Unit Development request may revoke consent, in writing, at any point during the PUD process until the approved PUD ordinance and any commitments are recorded with the title to the property.

A request to include a site within a PUD zoning district may originate from the Town Council or Plan Commission.

There is no minimum project acreage for a Planned Unit Development District.

There is no minimum open space requirement for a Planned Unit Development District. Instead, each proposed PUD provides: amenities, recreation areas, open areas, preservation areas, improvements and features at a level consistent with the intent and character of the proposed PUD zoning district.

1. Development Standards:
   1. Unless the applicant proposes alternate development standards in the PUD district ordinance, the default development standards of the zoning district specified in the PUD district ordinance apply to the PUD zoning district.
   2. Modification of the default development standards must be directly linked to the purpose of the PUD noted in 8.18 above.
   3. Where supplemental exhibits (such as elevations, renderings, materials samples, and color palates) are provided as supporting documentation of a concept, style, theme, or other element of a PUD zoning district, the exhibits are considered a component of the Development Standards of the PUD zoning district for the purposes of secondary review.
      1. Any exhibit provided as supporting documentation must identify the element of the PUD District Ordinance the exhibit illustrates.
      2. Any conflict or confusion between exhibits and the text of the approved ordinance is resolved through interpretation by the Administrator (see 8.5 Interpretations).
2. Procedure for Establishing Alternate Standards:
   1. Avon Department of Public Works: All proposals to deviate from the design and construction standards of the Town must be approved through the waiver process by the Director of the Department of Public Works in conjunction with the PUD district ordinance and concept plans.
   2. Technical Advisory Committee: Prior to appearing before the Plan Commission, the petitioner is responsible for securing the approval of all agencies with facilities affected by an alternate standard.
   3. Local, State and Federal Agencies: Prior to appearing before the Plan Commission, the petitioner is responsible for securing the approval of the alternate standards of any local, State and Federal agencies that are not represented on the Technical Advisory Committee that would have facilities affected by an alternate standard.
   4. Restriction: Failure to secure approval of any proposed alternate standard by any agency with facilities affected by an alternate standard precludes bringing development plan that relies on the standard before the Plan Commission or Town Council for consideration.
3. PUD District Ordinance Format: The submitted PUD district ordinance and supporting documentation follow the standard format adopted by the Town.
4. Procedures: The procedures for the establishment and administration of a PUD zoning district are set forth in 8.23 Procedures for Initial Review. Alternate procedures must not be established for any PUD zoning district.
5. Amendments to This Ordinance: Unless the PUD zoning district has specified an alternate development, design or construction standard, an amendment to the text of this Ordinance or to the design and construction standards of the Department of Public Works applies to PUD zoning districts.
   

The review and approval process for a Planned Unit Development Ordinance consists of the following elements.

1. Pre-filing Meeting:
   1. A pre-filing meeting between the applicant and Administrator occurs a minimum of 10 days before the filing of a proposed PUD district ordinance and concept plan.
   2. At a minimum, the applicant must bring:
      1. A draft of PUD zoning district ordinance text; and
      2. A preliminary plan;
   3. The Pre-Filing meeting serves as an opportunity to alert the petitioner to potential conflicts with adopted Town policies, plans, ordinances, and potential conflicts with affected utility and service providers.
   4. Failure to identify potential conflicts at the pre-filing meeting does not eliminate the responsibility of the petitioner to address issues identified later in the approval process.
2. Submittal: The submitted PUD District request consists of:
   1. A complete application packet;
   2. Proposed PUD district ordinance text;
   3. Supporting information as identified; and
   4. Any additional information identified as necessary by the Administrator at the pre-filing conference. Failure to provide the information results in the petition not being docketed for the next available hearing date.
3. Neighborhood Meeting:
   1. A minimum of 15 days before the Plan Commission public hearing, the applicant must host a neighborhood meeting.
   2. Notice of the neighborhood meeting must be provided to interested parties via first class mail at least 10 days before the meeting.
   3. The neighborhood meeting does not constitute a public hearing on the proposed Planned Unit Development and will not be administered by Town staff or appointed board.
      1. A report detailing the events, attendance, and information presented by the applicant at the neighborhood meeting must be submitted to the Administrator at least 10 days before the Plan Commission public hearing.
      2. Copies of the report are distributed to the Plan Commission members as a component of any staff report provided prior to the Plan Commission public hearing.
      3. A person may submit written comments regarding the petition file. Comments received at least 10 days prior to the public hearing will be provided to Plan Commission members.
         
4. Technical Advisory Committee (TAC):
   1. Any proposed PUD district appears before the Technical Advisory Committee prior to any Plan Commission public hearing.
   2. Any PUD district proposing to modify design or construction standards of any TAC member agency must submit a detailed description of the proposed change.
   3. The affected TAC member must provide a written response to the proposed modification before any public hearing of the proposed PUD zoning district.
5. Town Council Informational Appearance:
   1. The proposed PUD district appears before the Town Council for an informational presentation of the proposal.
   2. The informational appearance is conducted at a regularly scheduled Town Council meeting.
   3. The informational meeting is not the required public hearing for the proposed PUD district.
   4. The informational meeting is administered by Town staff.
   5. No action may be taken on any proposed PUD district at an informational meeting, and comments, proposed changes, or requested changes are not considered binding.
6. Plan Commission Public Hearing:
   1. The public hearing for any proposed PUD district is conducted according to the terms of 8.4 Review and Hearings of and with the terms of the Town of Avon Rules of Procedure.
   2. Legal notice for any public hearing on any proposed PUD district is provided according to the terms of 8.3 Notice of this Ordinance and with the terms of the Plan Commission Rules of Procedure.
   3. After the public hearing, the Plan Commission recommends approval, approval with conditions, or denial of the proposal to the Town Council. The Plan Commission may also continue the matter to a later hearing date. Within 10 business days after the Commission makes its recommendation, the Commission certifies the proposal to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
7. Town Council:
   1. Within 45 days of certification of the Plan Commission recommendation, the application is placed on the Town Council agenda.
   2. The Town Council considers the petition for the Planned Unit Development ordinance according to the procedures for amending the Zoning Map set forth in 8.9 Rezones and Amendments.
   3. The Town Council may take the following action on the application:
      1. Adopt the proposed PUD district;
      2. Adopt the proposed PUD district with conditions and/or commitments;
      3. Return the proposed PUD district to the Plan Commission with proposed amendments; or
      4. Deny the proposed PUD district.
         

1. Secondary review of any PUD district is delegated to the Plan Commission according to IC 36-7-4-1511.
2. Development Plan Review:
   1. Development plan review by the Plan Commission serves as the secondary review of the PUD for any non-residential portion of any approved PUD zoning district.
      1. Development plan review occurs according to 8.10 Development Plans.
      2. Any Development plan review of an adopted PUD district consists of all or part of the adopted PUD district.
      3. Undergoing development plan review of any portion of an adopted PUD district does not remove the requirement to plat any newly created, divided or otherwise modified lot according to CHAPTER 7: SUBDIVISION REGULATIONS.
   2. Primary and Secondary Plat:
      1. Primary plat review by the Plan Commission serves as the secondary review of the PUD for any residential portion of any approved PUD zoning district.
      2. Secondary plat review of any approved PUD zoning district is according to CHAPTER 7: SUBDIVISION REGULATIONS.

1. Phasing Schedule:
   1. The phasing schedule submitted as part of the approved PUD district controls the timing of the development of the PUD district.
   2. Secondary review by the Plan Commission must be completed within the timeline established by the approved phasing schedule.
      1. Failure to complete a secondary review for a component of a PUD district within the timeframe established by the phasing schedule requires amendment of the PUD zoning district according to 8.27 PUD Amendments before seeking any additional secondary review for any other component of the PUD zoning district.
      2. While the amendment is pending and until it is approved, permits cannot be issued in the portion of the PUD pending amendment.
   3. All approvals after the required secondary review approval (e.g., final/secondary plat, ILP, etc.) must be completed within the timeline for said approval established by this Ordinance.
2. Extensions of Time:
   1. Any request for any extension of time must be completed prior to the expiration of the period in question. Extensions of time filed, but not approved, by the expiration of the period in question are considered denied upon the expiration of the time period in question.
   2. A single extension of time to complete secondary review of any component of a PUD zoning district may be granted by the Administrator. The extension is for a maximum of 6 months. Any extension must be requested in writing, confirmed in writing, added to the petition file, and reported to the Plan Commission. The required secondary review of the component of the PUD district must be completed prior to the expiration of the 6-month extension.
   3. Any other request for an extension of time is considered an amendment to the adopted PUD district and is subject to 8.27 PUD: Amendments.
3. Abandonment:
   1. Abandonment is deemed to occur when no improvements have been made according to the approved secondary review for 24 consecutive months, or upon the expiration of 2 years from the approval date of the last component of the PUD district.
   2. An amendment to the zoning map is initiated so the land will be zoned into a category or categories that most nearly approximate its existing use or other zoning category or categories that the legislative body deems appropriate.
      

Prior to the issuance of any Improvement Location Permit or any development:

• A copy of the approved PUD district ordinance text must be recorded with the title to the subject site;
• Any concept plan, graphic or other visual rendering adopted as a component of the PUD district ordinance must be reduced to a legible, recordable form and recorded with the title to the subject site; and
• Any written commitments attached during the approval of the PUD zoning district are placed on the form adopted by the Town and recorded with the title to the subject site.
  

1. Minor Amendment:
   1. Minor amendments to PUD districts may be approved by the Administrator.
   2. Any amendment must be requested in writing, confirmed in writing, added to the petition file, and reported to the Plan Commission.
   3. Only proposed amendments not identified in 7.3(G)(1) Major Amendments are eligible for consideration as a minor amendment.
   4. Appeal of a denial of a minor amendment must be in the form of a detailed amendment as established below.
2. Detailed Amendment:
   1. A detailed amendment is required when proposing to:
      1. Modify or terminate a condition of approval;
      2. Modify or terminate a commitment of approval;
      3. Increase the density or intensity of the project (e.g., additional structures, additional square footage, etc.);
      4. A new right-of-way is proposed;
      5. A right-of-way is proposed to be removed from the approved PUD zoning district, concept plan, development plan review or primary plat for the project;
      6. The ratio of platted lot area to common area and/or open space is being increased;
      7. The boundary of the area included in the PUD district is being expanded to include additional area or contracted to exclude areas previously included in the approved PUD district.
         
   2. A detailed amendment follows the same procedures for approval as those listed in 7.3(G)(1) Major Amendments, including providing notice of a neighborhood meeting as provided in 8.23(C) and conducting a neighborhood meeting at least 15 days prior to meeting with the Technical Advisory Committee meeting provided for in 8.23(D), except no informational appearance before the Plan Commission is required. Amendment petitions may proceed directly to public hearing at the Plan Commission after all other preliminary steps.
3. Permission: Any modification to an approved PUD district requires:
   1. The consent of property owners who own at least 50% of the land involved, or
   2. If the applicant is unable to obtain the required consent, a waiver of the consent requirement. In order to obtain a waiver of the consent requirement, the applicant must demonstrate the amendment is:
      1. Consistent with the intent of the original PUD district;
      2. Consistent with the recommendations of all Town land use policies and plans; and
      3. Necessary because of: (a) physical changes to the site or abutting properties, or (b) changes in market demand, demographics, policies, or law.
   Any amendment, modification, or rezoning of a PUD district initiated by the Town Council does not require consent of property owners within the PUD district.
4. Considerations: In consideration of any proposed amendment, the Plan Commission evaluates the following:
   1. Consistency of the proposed amendment with the intent of the original PUD district;
   2. Consistency of the proposed amendment with the recommendations of all current adopted land use policies and plans (e.g., Comprehensive Plan, Parks Master Plan, Thoroughfare Plan, Trail and Sidewalk Plan, et al.).
   3. Changes to physical site conditions and to the physical conditions of properties abutting the subject site; and
   4. Changes to market demand, demographic shifts, geopolitical considerations, and other policy and legal environmental changes.

This section applies to new Planned Unit Development proposals initiated after the date of adoption of this Ordinance and is not applicable to Planned Unit Development districts in existence at the time of passage of this ordinance.

Any amendments to PUD districts in existence at the time of adoption of this Ordinance are subject to the requirements set forth in this section.