Hancock County Unincorporated
City Zoning Code

PLANNED UNIT

DEVELOPMENT

§ 156.050 PUD, INTENT, USES, AND STANDARDS.

(A) Intent.

(1) The purpose of these regulations is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and the intent of the zoning and subdivision control ordinances.

(2) Planned unit development regulations are intended to encourage innovations in land development techniques so that unique opportunities and circumstances may be met with greater flexibility. Planned unit developments should be used to address unique environmental concerns, provide a unique mix of land uses, and implement the Comprehensive Plan in ways not considered by the established zoning districts. A planned unit development should not be used if the proposed development can be created using established zoning districts.

(B) Uses. All uses are subject to the discretion and approval of the Plan Commission. Once uses are approved by the Plan Commission, they are granted by right. All land uses proposed in a planned unit development must be compatible with the intent of the Comprehensive Plan and the characteristics of surrounding land uses and zoning districts.

(C) Development requirements. Development requirements for all proposed planned unit developments shall be created by the applicant as part of the preliminary plan submittal. All proposed development requirements are subject to the review and approval of the Plan Commission and the applicable legislative body. Generally, the planned unit development shall provide standards for the development that replace:

(1) The lot standards established by §§ 156.020 et seq., and

(2) Each topic area regulated by §§ 156.060 et seq.

(D) Rules and procedures. All proceedings brought under this subchapter are subject to the rules and procedures of the Plan Commission.

(E) Limitation of ordinance amendments. Any initiative of the Plan Commission to amend this chapter that would affect an approved planned unit development before its completion, shall not be enforced on the planned unit development. New amendments to this chapter shall only apply to planned unit developments that have been declared abandoned, or for which an approval has expired.

(F) Origination of proposals.

(1) Any applicant may propose a planned unit development district in accordance with the procedures established in this subchapter. A parcel or site proposed for a planned unit development may or may not be under single ownership. However, if not under single ownership, the multiple owners must have a contractual agreement:

(a) Not to develop the parcels separately, but in accordance with a single, unified plan, and

(b) In which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.

(2) The legislative body may grant an extension of such time for such a period as it deems in the public interest.

(Ord. 2007-1B, passed 2-5-07)

Statutory reference:

Planned unit development, see I.C. 37-4-1550 series

Cross reference:

Development standards, see §§ 156.060 et seq.

Procedure to Establish/Rezone to a PUD

§ 156.051 GENERAL APPLICATION REQUIREMENTS.

(A) General application requirements. All applications may be obtained through the Planning Director's office. Fees shall be paid at the Planning Director's office at the time the applications are submitted.

(1) Application forms. All applications shall be made on forms provided by the Planning Director. All applicants shall submit original applications which are completed in their entirely in ink or typed.

(2) Copies required. All applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the Planning Director and the applicable rules and procedures of the Plan Commission.

(B) Review schedule. All applications shall be assigned reference and/ or docket numbers by the Planning Director. Applications shall be scheduled by the Planning Director for the appropriate public hearings based on the completeness of the application consistent with the requirements of this subchapter and the adopted calendar of filing and meeting dates for the Plan Commission.

(Ord. 2007-1B, passed 2-5-07)

§ 156.052 PRELIMINARY PLAN AND REZONING.

(A) Intent. The purpose of the preliminary plan is to provide a formal opportunity for the applicant and the Plan Commission to discuss the general elements of the proposed PUD. The preliminary plan prepares the Plan Commission for a future discussion of details and minimizes the risk incurred by the applicant in creating the detailed plan.

(B) Application. The applicant shall submit a planned unit development preliminary plan review application, an affidavit and consent of property owner (if the owner is someone other than the petitioner), a copy of the deed(s) for the property involved, the required filing fee, the preliminary plan and plat, and any other supporting information.

(C) Preliminary plan data. The preliminary plan may take the form of a booklet of letter or legal sized paper, a set of 24-inch by 36-inch sheets, or a combination of these formats. The following shall be included in the preliminary plan submission:

(1) Cover page and index. The cover sheet shall indicate that it is the preliminary plan for that particular development and include the date of submittal, and an index identifying all sections included in the preliminary plan document, and references to any separate sheets of information.

(2) Site description. A description of the property and applicants involved, including:

(a) The name, mailing address, e-mail address, and telephone number of the applicant;

(b) The name, mailing address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the preliminary plan design;

(d) The proposed name of the development (if applicable).

(3) Common holdings map. A map of any property adjacent to the property subject to the preliminary plan owned or otherwise controlled by any or all of the petitioners. The common holdings map shall be accompanied by a general description of the future development of that property and its relationship to the area included in the preliminary plan. The general description shall be in map form and shall include, at a minimum, general land uses, general street patterns and access points, and general drainage designs.

(4) Sewerage verification. A letter verifying that proper waste disposal will be available to the property.

(a) For proposals using septic systems (or other alternatives to public sewer service), a letter from the Hancock County Health Department shall be provided verifying that the development shall be adequately served.

(b) For proposals using public or private sewers, a letter from the applicable utility provider shall be included verifying that the proposed development shall be served.

(5) Existing site conditions. A description of all existing conditions on the subject property, including:

(a) Built features. All existing streets (including travel lanes, sidewalks, street trees, rights-of-way, etc.), established open spaces, structures, wells, utility lines and facilities, fire hydrants, and street lights;

(b) Easements. All existing easements and an indication of their purpose;

(d) Natural features. The location of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands (as identified by IDNR, IDEM, or an individual with a US Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification), wooded areas, and isolated preservable trees (with greater than an eight-inch DCH);

(e) Historic features. An identification of any historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures; and

(f) Other features. Any other significant feature(s) that may influence the design of the development.

(6) Proposed development. A conceptual plan of the proposed development of the property, including:

(a) Street systems. The layout and design of proposed street systems (including on-street parking, sidewalks, and street trees);

(b) Land uses. The land use areas and number of acres within the development (including a specific list of the individual land uses permitted in each area and densities of any proposed residential uses);

(c) Open space. The proposed location, improvements to open space (including park facilities, natural areas, trail systems, and other common areas);

(d) Landscaping. The conceptual design of landscaping, buffering, and/or screening proposed for the development, wooded areas to be preserved;

(e) Natural features. A description of the accommodation of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands (as identified by IDNR, IDEM, or an individual with a US Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification), wooded areas, and isolated preservable trees (with greater than an eight-inch DCH);

(f) Historic features. A description of the accommodation of historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures;

(g) Development requirements. Detailed text documenting the development requirements that will apply to development (including general lot size and dimensions, building setbacks, off-street parking requirements, lighting standards, sign standards, landscaping requirements, etc.);

(h) Written commitments. A description of any written commitments that are being proposed as part of the development;

(i) Covenants. A description of any private covenants and restrictions that will be established for the development;

(j) Drainage. A detailed drainage concept meeting the requirements of the County Surveyor; and

(k) Project phasing. A statement of the proposed order of development of the major elements of the project, including phasing, if applicable, and the order and content of each phase.

(7) Supplemental information. Any other information requested by the Planning Director or Plan Commission to aid in the review of the detailed plan. This may included, but not be limited to, topic areas such as traffic, utilities, tree preservation, flood hazards, and architectural design standards.

(D) Technical Committee Review. The preliminary plan shall be reviewed by a Technical Committee.

(E) Preliminary Plan/Plat Requirement. Planned unit developments shall be required to comply with the Hancock County Subdivision Control Regulations, per I.C. 36-7-4-1513 and the provisions of §§ 156.100 et seq. for site plan development plan review. In no instance shall the approval of a PUD be interpreted as waiving or modifying any subdivision control ordinance or site development plan processes. If a subdivision of land and/or site development plan review is required for the development, the preliminary plat and/or site development plan may be filed simultaneously as the preliminary plan for review by the Plan Commission.

(F) Public hearing notification. Notification for the scheduled public hearing regarding the preliminary plan shall be completed consistent with the requirements of § 156.101 and the rules and procedures of the Plan Commission.

(G) Plan Commission public hearing. The Plan Commission will, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than 60 days following the receipt of the preliminary plan application), review the application and required supporting information.

(1) Representation. Either the applicant or a representative of the applicant must be present at the public hearing to present the application and address any questions the Commission may have.

(2) Presentations. The Plan Commission shall consider a report from the Planning Director and testimony from the petitioner, remonstrators, and other interested parties at the hearing. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the Plan Commission.

(3) Possible action. The Plan Commission will in concurrence with established rules and procedure review the application and required supporting information. The preliminary plan shall be forwarded to the applicable legislative body with a favorable recommendation, forwarded with an unfavorable recommendation, forwarded with no recommendation or continued by the Commission. Per I.C. 36-7-4-1512 the Plan Commission may impose conditions or require written commitments from the applicant.

(a) Favorable recommendation. The preliminary plan application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in division (J) below; or

(b) Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in division (J) below; or

(d) Continued. The applicant may be continued based on a request by the Planning Director, the petitioner, a remonstrator, or an interested party. The application shall be continued in the case of an indecisive vote, a determination by the Plan Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.

1. Additional legal notice shall not be required unless specified by the Plan Commission.

2. The continuing of all applications shall be consistent with the adopted rules and procedures of the Plan Commission.

(4) Certification of recommendation. The Plan Commission shall certify its recommendation by resolution to the applicable legislative body within five business days of its decision. The Planning Director shall forward to the legislative body appropriate copies of the Plan Commission resolution, the original application and all supporting information, any staff reports regarding the petition, and a PUD district ordinance (rezoning) meeting the requirements of I.C. 36-7-4-1503 for the legislative body's consideration.

(H) Legislative body meeting. The applicable legislative body shall hold a meeting and vote on the proposed planned unit development district ordinance (re-zoning) within 90 days of its certification by the Plan Commission.

(1) Legal notice. Legal notice of action on the ordinance shall be provided consistent with Indiana law.

(2) Possible action. The legislative body may either approve or deny the PUD district ordinance (rezoning) consistent with the decision criteria provided by division (J) below. The legislative body also may approve with modifications, per I.C. 36-7-4-1512, such as impose conditions, require written commitments from the applicant, and/ or condition the release of improvement location permits on the provision of adequate surety for any public improvements.

(a) Failure to act. If the legislative body fails to act within the 90-day time frame the ordinance shall become effective or be defeated consistent with the recommendation of the Plan Commission and the provisions for rezoning petitions of I.C. 36-7-4-608.

(b) Denial. If a PUD district ordinance (rezoning) is denied by the legislative body a one-year waiting period shall be imposed prior to the filing of a new preliminary plan for the same development.

(c) Approval. If the legislative body approves the rezoning, the land is officially rezoned. The official zoning map must be amended to reflect the zoning change, the date of approval by the legislative body, and the ordinance number.

(I) Preliminary plan signatures and filing. The implementation of an approved preliminary plan must be consistent with the following provisions:

(1) Preliminary plan signatures. When approved, the preliminary plan shall be signed by the Plan Commission President and Secretary.

(2) Preliminary plan filing. The approved preliminary plan, including all development requirements serving as the zoning requirements on the subject property shall be filed with the Planning Director by the applicant. The documents must clearly state that the development requirements and any written commitments are enforceable by the Plan Commission.

(3) Covenant recording.

(a) Any covenants for the development shall be recorded with the Hancock County Recorder. The documents must:

1. Clearly distinguish covenants for development requirements and written commitments and

2. Indicate that covenants are private agreements that are not enforceable by the Plan Commission.

(b) The petitioner shall provide one copy of the recorded documents to the Planning Director for the records of the Plan Commission.

(J) Preliminary plan decision criteria. In reviewing the planned unit development preliminary plan petition, the Plan Commission and legislative body shall pay reasonable regard to the following, consistent with I.C. 36-7-4-603:

(1) Requirements and intent. The extent to which the proposal fulfills the requirements and intent of this subchapter and the Chapter 155, Subdivision Control Regulations;

(2) Planning documents. The Comprehensive Plan and any other applicable, adopted planning studies or reports;

(3) Characteristics. The current conditions and the character of current structures and uses in each zoning district;

(4) Desired use. The most desirable use of which the land in each district is adapted;

(5) Property values. The conservation of collective property values throughout Hancock County as a whole; and

(6) Growth management. Responsible growth and development.

(7) Overlay requirements. Corridor and Town of McCordsville Overlay Districts.

(Ord. 2007-1B, passed 2-5-07)

Cross reference:

Comprehensive Plan, see Ch. 151

Notice of public hearing, see § 156.101

§ 156.053 FINAL DETAILED PLAN.

(A) Intent. The purpose of the final detailed plan application is to establish the details of the proposed PUD, document those details, and obtain final PUD approval from the Plan Commission and the applicable legislative body.

(B) Application. The petitioner shall submit a final detailed plan review application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a copy of the deed(s) for the property involved, the required filing fee, the final detailed plan, and any other supporting information. The final detailed plan filing shall occur within 18 months of the date of preliminary plan approval. If no final detailed plan filing has occurred within that period, the preliminary plan approval shall expire. An extension may be granted upon request to the Plan Commission under certain conditions without the need for a public hearing. If the project is phased and was part of the preliminary plan, the petitioner may submit partial final detailed plans which correspond to the phases involved.

(C) Final detailed plan data. The final detailed plan may take the form of a booklet of letter and/or tabloid sized paper and a set of 24-inch by 36-inch sheets. The final detailed plan may include any graphics that will explain the features of the development. The following shall be included in the final detailed plan submission.

(1) Cover page and index. The cover sheet shall indicate that it is the final detailed plan for that particular development and include the date of submittal, an index identifying all sections/phases included in the final detailed plan document, and references to any separate sheets of information.

(2) Site description. A description of the property and petitioners involved, including:

(a) The name, mailing address, e-mail address, and telephone number of the applicant;

(b) The name, mailing address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the final detailed plan design;

(d) The proposed name of the development (if applicable).

(3) Vicinity map. A vicinity map showing the use and zoning of all properties within 1,320 feet (¼ mile) of the property subject to the final detailed plan. A site location diagram shall also be included.

(4) Common holdings map. A map of any property adjacent to the property subject to the final detailed plan that is owned or otherwise controlled by any or all of the applicants. The common holdings map shall be accompanied by a general description of the future development of that property and its relationship to the area included in the final detailed plan. The general description may be in either text or map form and shall include, at a minimum, general land uses, general street patterns and access points, and general drainage designs.

(5) Existing site conditions. A site survey of all existing conditions on the subject property, including:

(b) Easements. All existing easements and an indication of their purpose;

(c) Topography. A topographic survey extrapolated from USGS data or otherwise meeting the requirements of the County Surveyor;

(d) Natural features. The location of natural streams, regulated drains, 100-year floodplains and floodways (extrapolated from FEMA maps), water courses, wetlands (general locations as indicated by the National Wetlands Inventory), and wooded areas;

(e) Utilities. The general location of utilities serving the site (including sanitary sewer, water, electricity, natural gas, and data transmission);

(f) Historic features. An identification of any historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures; and

(g) Other features. Any other significant feature(s) that may influence the conceptual design of the development.

(6) Proposed development. A description of the proposed development of the property, including:

(a) Street systems. The general plan, profile, and description of proposed street systems (that identifies proposed arterial and collector streets and other information as necessary as listed in § 156.106;

(b) Land uses. The general land use areas within the development (including proposed densities of residential uses);

(d) Landscaping. Detailed plan areas of landscaping, buffering, and/or screening proposed for the development;

(e) Natural features. A description of the general accommodation of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands, and wooded areas identified in § 156.052(C)(5)(d);

(f) Historic features. A description of the general accommodation of historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures;

(g) Written commitments. A description of any written commitments that are being proposed as part of the development;

(h) Covenants. A general description of any private covenants and restrictions that may be established for the development; and

(i) Drainage. A drainage plan meeting the requirements of the County Surveyor.

(7) Supplemental information. Any other information requested by the Planning Director or Plan Commission to aid in the review of the preliminary plan. This may included, but not be limited to, topic areas such as traffic, utilities, tree preservation, flood hazards, and architectural design standards.

(D) Administrative review by staff. Upon review, county planning staff shall approve, approve with modifications, or deny the detailed plan application.

(1) Approve. The application may be approved if it is found to be consistent with all applicable requirements and the intent of this chapter and the Hancock County Comprehensive Plan. Staff may accept or require written commitments from the petitioner as part of the approval. The Planning Director may require certain additional written commitments to be lettered on the plat of record.

(2) Approve with modifications. The application may be approved with modifications if it is generally consistent with all applicable requirements of this chapter. Staff may impose conditions on the approval of the detailed plan, which shall become written commitments of the applicant. The Planning Director may require certain additional written commitments to be lettered on the plat of record.

(3) Deny. The application may be denied if it is found to be inconsistent with any applicable requirements and/or the intent of this chapter and/or the Comprehensive Plan.

(a) Continue. The application may be continued and referred back to the Plan Commission based on a request by the Planning Director, the petitioner, a remonstrator, the legislative body, or an interested party. The application shall be continued in the case of an indecisive vote, a determination by the Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.

1. Additional legal notice shall not be required unless specified by the Plan Commission.

2. The continuing of all petitions shall be consistent with the adopted rules and procedures of the Commission.

(b) Re-filing following denial.

1. If staff determines that there is not compliance with the ordinance, the applicant may re-file a revised detailed plan within 90 days of the date of denial. The revised detailed plan shall be reviewed as if it were a new application.

2. Detailed plan applications that have been denied and not re-filed within the specified deadline shall not be re-filed for a period of one year from the date of the denial.

(E) Findings of fact. The Planning Director shall prepare and sign written findings of fact. The Planning Director shall make copies of the written findings of fact available to the applicant within five business days of the date of each review of the application.

(F) Recording. All approved final detailed plans and modifications thereof shall automatically expire and become null and void unless recorded in the office of the Hancock County Recorder within two years of approval.

(1) Failure to record. Failure to record the plans and modifications in the time provided for in § 156.057 shall automatically void the approval of the detailed plan.

(2) As-built drawings. If, upon completion of all development, the exact measurements as to the location of buildings or structures erected during the development are deemed desirable for public record by recording thereof, the developer shall submit a copy of the approved final detailed plan to the Planning Director as an amended approved detailed plan with the exact measurements thereon shown, and upon being satisfied that the measurements are substantially the same as indicated on the original approved final detailed plan, the Planning Director shall re-approve, date, and sign the amended approved final detailed plan, which the developer shall then record.

(G) Improvement location permit. Detailed plan approval is required prior to the issuance of an improvement location permit. An improvement location permit, consistent with § 156.106 is required prior to any construction activity occurring on the subject property.

(1) Plat approval required. If a subdivision plat is required, plat approval consistent with the subdivision control ordinance must also be obtained prior to the receipt of any improvement location permits.

(2) Supporting information. The Plan Commission may require any additional supporting information not already stated by this subchapter to be provided prior to the issuance of an improvement location permit.

(Ord. 2007-1B, passed 2-5-07)

Statutory reference:

Conditions of approval, see I.C. 36-7-4-1512

PUD district ordinances, see I.C. 36-7-4-1503

Rezoning criteria, see I.C. 36-7-4-603

Rezoning procedures, see I.C. 36-7-4-608

Cross reference:

Improvement location permits, see § 156.106

Notice of public hearing, see § 156.101

Subdivision regulations, see Ch. 155

§ 156.054 WRITTEN COMMITMENTS.

(A) The applicant in any planned unit development may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with I.C 36-7-4-615. Commitments made by the applicant and conditions of approval established by the Plan Commission or legislative body shall be considered written commitments for the purpose of this subchapter.

(B) Note. Covenants shall be distinguished from written commitments and development requirements. Written commitments and development requirements are elements of the PUD approval and are enforceable by the Plan Commission. Covenants are private agreements which are not enforceable by the Plan Commission

(C) Commitment proposals. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the Planning Director, or in response to any modifications requested by the Plan Commission or legislative body.

(D) Consideration of commitments. Any commitments shall be considered by the Plan Commission and legislative body if they have been established at the time of the review. Written Commitments shall be included as an element of the PUD district ordinance (rezoning) establishing the PUD zoning and shall be recorded in the office of the Hancock County Recorder by the petitioner. A copy of the recorded commitments shall be provided to the Planning Director.

(E) Enforcement of commitments. The written commitments shall be considered part of this chapter binding on the subject property.

(1) Applicability. The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in any portion of the subject property.

(2) Enforcement. The written commitments shall be enforceable by the Hancock County Area Plan Commission consistent with the adopted provisions for the enforcement of this chapter.

(3) Modification. The recorded written commitments may be modified only through the Planned Unit Development process described by this subchapter.

(Ord. 2007-1B, passed 2-5-07)

§ 156.055 COVENANTS.

(A) Covenants shall be set forth in detail. The Plan Commission may review covenants that pertain to any written commitments, development requirements and/or common areas, swales, or drainage systems. A copy of the recorded covenants shall be provided to the Planning Director by the petitioner for the records of the Plan Commission.

(C) Lot owner's association. Adequate provision shall be made for a private organization (i.e., lot owner's association) with direct responsibility to, and control of, the lot owners involved. The lot owner's association shall provide for the operation and maintenance of all common facilities, such as any common areas and ponds, in the best possible manner. Legal assurances shall be provided which show that the private organization is self-perpetuating.

(D) Service access to common areas. The covenants shall state that all common facilities and drainage systems not dedicated to the public shall be maintained by the private lot owner's organization in such a manner that adequate access is provided for fire, police, health, sanitation, and public utility vehicles to service them. All streets, roadways, and common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(Ord. 2007-1B, passed 2-5-07)

§ 156.056 MODIFICATIONS.

(A) Administration. The Planning Director may from time to time approve minor modifications of the detailed plan without a public hearing consistent with I.C. 36-7-4-1511(i). The modifications shall be consistent with the purpose and intent of the overall development and the approved preliminary plan. Such modifications shall not include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in access points, or any alteration of the development requirements.

(1) Procedure. To request a minor modification, the property owner, developer, or applicant shall provide the Planning Director with a letter that identifies the PUD and the requested minor modification. The letter shall be accompanied by any necessary supporting drawings or other materials. The Planning Director shall provide a written response within 15 business days informing the applicant if the minor modification has been approved. All materials relating to the minor modification shall be kept on file with the other PUD materials in the office of the Plan Commission.

(2) Public notice. No notice, in addition to that which may be required by the rules and procedures of the Plan Commission, shall be required for the review or approval of minor modifications.

(B) Appeal. Any affected party may appeal any minor modification decision by the Planning Director to the Plan Commission within 30 days of the determination.

(C) Rules and procedures. The Plan Commission may, through its rules and procedures, establish rules governing the nature of proceedings and notice required to make a minor modification under this chapter per I.C. 36-7-4-1511(j).

(D) Major modifications. Major modifications that may include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in access points, or any alteration of the development requirements shall require a public hearing conducted in the manner established by the legislative body pursuant to § 156.052. Notice of the hearing must be given in the same manner as notice is given under § 156.052(F).

(Ord. 2007-1B, passed 2-5-07)

Statutory reference:

Minor modifications, see I.C. 36-7-4-1511(i)

§ 156.057 EXPIRATION, ABANDONMENT AND EXTENSIONS.

(A) Expiration. Approval of a final detailed plan shall expire after a period of five years from the approval of the preliminary plan, unless the development is 50% completed in terms of improvements including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the Plan Commission upon a recommendation by the Planning Director. Following expiration of a final detailed plan, the appropriate legislative body of the Area Plan Commission may declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.

(B) Abandonment. The planned unit development may be considered officially abandoned if, in the opinion of the Planning Director, the development is incomplete and no, or minimal, construction activity has occurred for a period of five consecutive years. Any outstanding surety for the project may be used by the appropriate legislative body consistent with the Hancock County Subdivision Control Ordinance provisions for subdivision surety.

(C) Extensions. An extension, not to exceed six months, for accomplishing any processes required by this subchapter, or for resuming construction activity in an abandoned development may be granted by the Plan Commission upon a written request from the petitioner. All requests for extensions must occur a minimum of 30 days prior to the applicable deadline.

(D) Plan Commission rezoning. The Plan Commission may initiate a rezoning for any property included in a planned unit development that has been abandoned or for which the detailed plan approval has expired. Any rezoning by the Plan Commission shall meet all applicable requirements for the rezoning process provided by § 156.105.

(Ord. 2007-1B, passed 2-5-07)

Cross reference:

Subdivision control regulations, see Ch. 155

Zoning map amendments, see § 156.004

Hancock County Unincorporated
City Zoning Code

PLANNED UNIT

DEVELOPMENT

§ 156.050 PUD, INTENT, USES, AND STANDARDS.

(A) Intent.

(1) The lot standards established by §§ 156.020 et seq., and

(2) Each topic area regulated by §§ 156.060 et seq.

(D) Rules and procedures. All proceedings brought under this subchapter are subject to the rules and procedures of the Plan Commission.

(F) Origination of proposals.

(a) Not to develop the parcels separately, but in accordance with a single, unified plan, and

(b) In which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.

(2) The legislative body may grant an extension of such time for such a period as it deems in the public interest.

(Ord. 2007-1B, passed 2-5-07)

Statutory reference:

Planned unit development, see I.C. 37-4-1550 series

Cross reference:

Development standards, see §§ 156.060 et seq.

Procedure to Establish/Rezone to a PUD