The purpose of these regulations are to provide greater design flexibility in the development of land when consistent with the master plan of the city and the intent of this appendix and under the provisions of IC 36-7-4-1500 Series. The use of planned unit development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas and/or foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working.

Planned Unit Development regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient uses of open spaces and other amenities generally enhancing the quality of life.

Planned Unit Development projects should also encourage a more efficient use of land which reflects the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.

A Planned Unit Development should provide two (2) or more of the following benefits not possible under the requirements of another zoning district, as determined by the Plan Commission:

1.

Preservation of significant natural features or farmland.

2.

A complementary mixture of uses or a variety of housing types that provides a benefit to the city over conventional development.

3.

Common open space for passive or active recreational use.

4.

Mitigation to offset community impacts such as public highway improvements.

5.

Redevelopment of a nonconforming site where creative design can address unique site constraints.

(Ord. No. 1205, 11-21-17; Ord. No. 1219, § 1, 11-6-19)

Any person, corporation, partnership or association having an ownership interest in a proposed development, or any group of owners united in interest, acting jointly, and in pursuance to an agreement to carry out the proposal in separate ownership may propose a Planned Unit Development District in accordance with the procedures hereinafter established, where such individual owner or group of owners in making such proposal intends to act as developer or sponsor of the development if the zoning change is adopted and indicates the requisite capabilities to carry out such proposal. A parcel or site proposed for Planned Unit Development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with unitary plan, and in which the separate owners have given their expressed intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and ensure its completion as planned to the satisfaction of the plan commission.

(Ord. No. 1205, 11-21-17)

Any Planned Unit Development shall be submitted to the plan commission for review using the same application forms as subdivision applications as well as those forms required for rezoning. All applications shall include a development plan.

(Ord. No. 1205, 11-21-17)

The plan commission, in its discretion, shall review and approve the preliminary design and location of all aspects of the proposed development with particular attention to the following items:

a.

Lot dimensions.

b.

All buildings and structures showing intended location, size, and uses.

c.

Yards and distances between buildings.

d.

Walls, landscape buffers, and fences provided by the developer.

e.

Off-street parking provisions.

f.

Vehicle and pedestrian traffic access and travel patterns.

g.

Any lighting provided along vehicular travel-ways.

h.

All common facilities or areas.

i.

All sanitary and storm-water provisions for the development.

j.

Signatures of all parties having an interest in the property.

k.

Compliance to Municipal Standards of the city.

l.

Storm water and erosion control shall conform to the requirements of the "Noble County Storm Water and Erosion Control Ordinance" as adopted by the city.

(Ord. No. 1205, 11-21-17)

1.

All requirements will be equal to those in the corresponding district unless specifically waived by the plan commission at the time of development approval.

2.

All Residential Planned Unit Developments shall provide open green space unless specifically waived by the commission as follows:

a.

Single and One and Two Family: Fifty (50) percent of the gross area.

b.

Multi-family: Forty (40) percent of net site area, of which one hundred twenty (120) square feet per unit, yet not less than fifteen thousand (15,000) square feet shall be dedicated recreational land.

(Ord. No. 1205, 11-21-17; Ord. No. 1219, § 1, 11-6-19)

1.

Commercial Planned Unit Development shall include any business provide herein for local or general business uses.

2.

Parking spaces shall be arranged as joint facilities reducing the number of thoroughfare entrances and exits.

3.

Commercial Planned Unit Development shall submit information pertaining to the placement size the text of signage to be located within the developed area.

4.

Commercial Planned Unit Development shall include a minimum of ten (10) percent of the gross area to be landscaped. Landscaping elements include, but are not limited to planting beds, islands, embankments, and other aesthetic areas.

5.

Commercial Planned Unit Developments shall be separated from any adjacent residential use or district by an effective visual and noise barrier including, but not limited to earthen embankments, landscaping barriers, or other natural barriers.

6.

All requirements will be equal to those in the corresponding district unless specifically waived by the plan commission at the time of development approval.

(Ord. No. 1205, 11-21-17; Ord. No. 1219, § 1, 11-6-19)

1.

Industrial Planned Unit Developments may include any industrial use provide for herein for light and general industrial use.

2.

Parking spaces shall be arranged as joint facilities whenever possible to reduce the thoroughfare entrances and exits.

3.

Industrial Planned Unit Development shall be separated from adjacent residential or commercial use or district by an effective visual and noise barrier including, but not limited to earthen embankments, landscaping barriers, or other natural barriers.

4.

Industrial Planned Unit Development shall contain not less than ten (10) acres of total land for development purposes.

5.

All requirements will be equal to those in the corresponding district unless specifically waived by the plan commission at the time of development approval.

(Ord. No. 1205, 11-21-17; Ord. No. 1219, § 1, 11-6-19)

Planned Unit Developments may be combined with other use districts to create residential/commercial developments or commercial/industrial developments. In no case shall industrial uses be combined in the same platted area as residential uses. All requirements before mentioned for Planned Unit Developments shall apply to combined developments as they apply to density, buffers, parking, and other pertaining factors. All combined planned unit development shall clearly identify by description the portion of each area designated to the corresponding use.

(Ord. No. 1205, 11-21-17; Ord. No. 1219, § 1, 11-6-19)

1.

The petition, if and as modified, shall be heard by the plan commission as a petition to amend the zoning maps and subject to all the procedures applicable thereto. The plan commission may recommend approval or disapproval of the plan and may impose reasonable condition(s) with its affirmative recommendation. If disapproval is recommended, the application shall not be certified to the common council. If approval is recommended, the preliminary plan shall be stamped and signed by the president and secretary of the plan commission. Approved plans shall be certified to the common council for adoption as a Planned Unit Development District (PUD) pursuant to the governing proposals to change zoning maps. Upon adoption by the common council, the petitioner shall prepare the final detailed plan.

2.

Prior to any development commencing, the developer shall submit a minimum of five (5) sets of detailed plans showing the location, composition, and engineering features of all lots, storm drainage, sanitary sewage, water supply facilities, public or private streets, recreation facilities, site perimeter treatment, landscaping, sidewalks, plat and other site development features including location of buildings. The petitioner shall also file all signed and notarized documents pertaining to restrictive covenants, condominium declaration and/or the creation of a homeowner's association, along with any other financial assurance bonds required by the Subdivision Ordinance of the city or any ordinance related thereto. The plan commission shall approve said final detailed plans by resolution duly adopted, upon the affirmative finding that the final detailed plan is consistent with the approved preliminary Planned Unit Development as adopted and upon completion of approval of a zoning amendment by the common council.

3.

The "Approved Final Detailed Planned Unit Development" plans shall be stamped and signed by the president and secretary of the plan commission and shall be recorded with the office of the recorder of Noble County in the manner prescribed by the subdivision regulations of the city and the requirements of the office of the recorder of Noble County.

4.

Unless approved by the plan commission, approval of the first phase of the final detailed plan shall be obtained within two (2) years and approval of the balance of the final detailed plan shall be obtained within five (5) years after the adoption of the Planned Unit Development District by the common council.

5.

In the event that the approval of a final detailed plan is not timely obtained, the plan commission may initiate an amendment to the zoning map relating to said land.

6.

Approval of a final detailed plan shall expire after a period of five (5) years from the approved phasing of the preliminary plan unless the development is fifty (50) percent completed in terms of public improvements including streets, parks, walkways, utility installations and sanitary sewers. Determination of the amount of completion shall be determined by the plan commission upon the recommendation of the administrator. Following expiration of the final detailed plan, the city shall declare any outstanding bonds to be in default and cause all public improvements to be installed according to the final detailed plans.

7.

The plan commission shall not initiate any amendments to the zoning map concerning the property involved in a Planned Unit Development before completion of the development as long as the development is in conformity with the Final Detailed Planned Development and is proceeding in accordance with the time requirements imposed herein.

(Ord. No. 1205, 11-21-17)

The uses intended shall have sufficient parking facilities, exits, and entrances, streets, roads, alleys, and screening walls, fences, or other barriers from other uses. The construction of the same shall be engineered, planned and installed correctly to assure the needs of public safety, health and welfare and to assure rendition of proper services concerning fire and police protection, disposal of surface water and sanitary sewage, traffic control and maintenance services as furnished or may be required of the city and to assure preservation and protection of property rights to related and adjoining uses.

(Ord. No. 1205, 11-21-17)

A summary explanation of the development concept shall describe the project and outline the basis for approval. Submittals shall address:

1.

Density.

a.

Overall maximum.

b.

Maximum for each proposed phase.

2.

Road systems.

a.

General description of road system and circulation patterns.

b.

Location of roads.

c.

Location and layout of entrances and exits.

d.

Location and layout of pedestrian walkways.

e.

Statement whether roads are public or private.

3.

Utilities.

a.

General description of proposed water, sanitary sewer and storm sewer systems.

b.

General description of utility lines.

c.

General indication of size and location of storm water detention and permanent retention ponds and design standards use.

4.

Open space/common areas.

a.

General description of proposed open spaces and common areas.

b.

Total area of open space, and open space in each proposed phase.

c.

Proposed use of open space and common area.

5.

Uses.

a.

List all proposed uses.

b.

Location, type, and land area devoted to each use:

1.

Overall.

2.

In each phase.

6.

Developmental guidelines.

a.

Site organization.

b.

Typical setbacks and lot dimensions.

c.

Minimum lot size for each use.

d.

Typical, minimum and maximum building:

1.

Height;

2.

Size;

3.

Parking;

4.

Fencing;

5.

Lighting; and

6.

Berming.

7.

Landscaping.

a.

General landscaping plan.

b.

Landscape plan for entrances.

c.

Landscape plan for overall perimeter.

d.

Any theme/streetscape design.

e.

Proposed irrigation.

8.

Natural resources and features.

a.

Floodway/floodplain delineation per FEMA guidelines.

b.

Wetlands and natural and proposed water courses.

c.

Woodlands and location of tree cluster existing and proposed.

d.

Location and description of natural features.

9.

Phasing information.

a.

Approximate location, area and boundaries of each phase.

b.

Proposed sequence of development.

c.

Project timing for commencement and completion of each phase.

10.

Public services and facilities.

a.

Public sewer.

b.

Water.

c.

Roads.

d.

Schools.

e.

Off-site drainage.

f.

Fire protection.

g.

Electric utility.

11.

Signage.

a.

Entrance signage.

b.

Subdivision signage.

c.

Special direction or informational signage.

12.

Zoning classifications.

a.

Current zoning classification of property.

b.

Proposed use classification of areas.

13.

Private covenant or restrictions.

a.

Provide all intended private covenants or restrictions to be placed on the properties.

14.

Property information.

a.

List all names and addresses of current owners of the proposed development.

b.

List all names and addresses of developers involved in the project.

(Ord. No. 1205, 11-21-17)

All improvements within a private development shall meet the requirements of subdivision approval and municipal standards except as specifically waived by the plan commission. Any portion of the development which is private shall be clearly indicated on the plat of the development by the statement "PRIVATE (state improvement i.e. street, water, etc.), NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC." All improvements are required to be maintained in accordance with municipal standards so that fire, police, health, school, or sanitation vehicles have adequate access. Adequate access includes an adequate turning area.

(Ord. No. 1205, 11-21-17)