(A)   The purpose of this subchapter is to provide for regulations regarding use of land. A planned unit development shall be considered a zoning district when approved and all maps shall reflect this area as such. This subchapter shall be adopted as part of this chapter in accordance with IC 36-7-4-1504 through 36-7-4-1513.

   (B)   It shall be the policy of the city to promote progressive development of land and construction thereon by encouraging planned unit developments. A planned unit development shall meet the same requirement as subdivision with the exception that is a mixture of residential and business within the same area. Buildings within the planned unit development shall be constructed in accordance with the One and Two Family Dwelling Code, the Uniform Building Code and Indiana Fire Prevention and Building Safety Code.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   A planned unit development shall conform to the following:

   (A)   A minimum parcel area of five acres is required.

   (B)   There shall be at least 10% of the land area in the development provided for open space which is not covered by buildings, parking spaces, driveways or streets. No more than 50% of this open space shall be covered by water.

   (C)   All utilities, including communication and electric systems, shall be placed underground within the limits of the development.

   (D)   The design and designation of private streets shall be subject to the approval of the Plan Commission. All streets dedicated for public uses shall be constructed in accordance with specifications as outlined in the Miami County Subdivision Control Ordinance and shall meet the minimum requirement for county specifications.

   (E)   There shall be established a home owner's association with its by-laws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space and shall meet with the approval of the Plan Commission.

   (F)   The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance of 500 feet from the project. If public facilities are not available, a private facility may be authorized if approved by the County Board of Health.

   (G)   The development plan may provide for a mixture of residential and commercial uses or commercial and industrial uses. However, the development shall not have a mixture of residential and industrial uses.

   (H)   Whenever possible, the development shall utilize landscaping and existing woodlands as buffers to screen lighting, parking areas, loading and unloading areas, and other features within the development and adjoining districts.

   (I)   The development plan shall include a common water supply and distribution system, either public or private, which shall meet the approval of both the Plan Commission and the local Board of Health, and shall be built at no expense to the local government.

   (J)   All building designs and locations shall be subject to approval by the Plan Commission. No building may be located within 20 feet of another building unless approved by the Commission.

   (K)   If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated.

   (L)   The Plan Commission may waive certain conditions of the planned unit development, such as setbacks, underground electric, height, lighting, signs and other requirements that would not interfere with health, safety or convenience of the development of surrounding area.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   The applicant shall submit three copies of preliminary site plans to the Plan Commission, which shall include but not be limited to the following information;

      (1)   Name(s), address(es), and telephone numbers of all owners.

      (2)   Legal description of the property.

      (3)   Zoning classification of all property within the development. Each primary use of buildings within the development shall be classified as commercial, industrial or residential

      (4)   Adjoining property owners, including names and address.

   (B)   Site plan shall show the following information:

      (1)   Contours at vertical intervals of two feet.

      (2)   Street, right-of-way and easements: locations, widths and purposes.

      (3)   Setback lines. All front setbacks shall be no less than 30 feet from street right-of-way. Rear setback lines shall be no less than 10 feet from the rear property line.

      (4)   Building lines.

      (5)   Building coverage.

      (6)   Tract boundary lines showing dimensions, bearings, angles, monuments, and references survey markers. All markers and monuments shall be set the same as subdivision points.

      (7)   Buildings, recreation areas, landscaping, and parking areas.

      (8)   Name and address of developer, engineer or surveyor who prepared the plan.

      (9)   Outdoor lighting.

      (10)   Height, scale, material and style of improvement.

      (11)    Signs.

      (12)    North point, date and scale.

      (13)    Signature block for Plan Commission, developer and engineer.

      (14)    Location map: in upper left corner.

      (15)    All drainage and utilities.

      (16)   Other requirements considered appropriate by the Commission.

      (17)    Other features or conditions which affect the planned unit development favorably or adversely.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Upon compliance with §§ 151.090 through 151.092, the Zoning Administrator shall note, in writing, on the preliminary plans his unofficial agreement or disagreement. The Zoning Administrator may make recommendations to relocate buildings, streets, or entrances.

   (B)   Upon compliance with §§ 151.090 through 151.092 the Zoning Administrator shall submit the plan to the Plan Commission.

   (C)   The applicant shall file with the Plan Commission no later than 15 days prior to the Plan Commission meeting.

   (D)   The applicant shall give notice to the local newspaper as outlined in IC 5-3-1-2 and IC 5-3-1-4 at least ten days before the meeting. The cost shall be incurred by the applicant.

   (E)   The applicant shall submit three copies of the development plan along with any other supporting documents to the Commission. The Commission shall carefully consider the plans and recommendations of the Zoning Administrator. The Plan Commission may approve or disapprove or amend the development plan.

   (F)   If the Plan Commission approves the plan, the Chairperson and Secretary shall sign the plan and no changes shall be made unless approved by the Commission.

   (G)   If the Commission disapproves the planned unit development, the applicant may not resubmit the plan for a period of three months unless the Commission votes unanimously to rehear the case.

   (H)   If the Commission makes recommended changes, the plans may not be signed until all changes have been made.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Once preliminary approval has been granted by the Plan Commission, final approval may be granted by a hearing committee consisting of the following members provided no changes have been made that were not approved by the Commission.

      (1)   President of the Plan Commission.

      (2)   Zoning Administrator.

      (3)   County Surveyor.

      (4)   Two members of the Plan Commission other than the President.

      (5)   One member of the Common Council.

   (B)   Preliminary approval by the Commission expires upon the expiration of a three-year period immediately following that approval, unless all parts of the phase have been platted and recorded.

   (C)   Three copies of final approval plan shall be submitted to the Commission on 24 by 30, 5 mils, single mat mylar print.

   (D)   The planned unit development may be submitted in phases; however, the Plat Committee must approve each phase.

   (E)   An appeal of the decision of the Plat Committee shall be to the Commission.

   (F)   Should changes be made from preliminary approval t the final approval, a public hearing shall be required for secondary approval.

   (G)   After final approval has been granted all plans shall be recorded with the Recorder and no changes may be made without the approval of the Commission.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999