Seymour City Zoning Code
ADMINISTRATION
§ 157.025 ADMINISTRATIVE AND DECISION MAKING BODIES.
The City Council, the Plan Commission, the Board of Zoning Appeals, and the staff have administrative and decision-making responsibilities with regard to this chapter as set forth in this section. The following table summarizes their roles.
Review and Decision-Making Authority
S= Staff review, R=Review and recommend, D= Final decision, A= Appeal
Process
|
Staff | Plan Commission | Board of Zoning Appeals | City Council |
Map amendment (rezoning), including overlay zone | S | R | D | |
Text amendment | S | R | D | |
Preliminary planned unit development | S | R | D | |
Final planned unit development | S | D | ||
Development plan | S | D | ||
Variance | S | R-Use Variances ONLY | D | |
Conditional use | S | D | ||
Administrative adjustment | D | |||
Improvement location permit | D | A | A | |
Interpretation | D | A | ||
(A) City Council.
(1) General authority. As provided in I.C. 36-4-6-2, the City Council serves as the legislative body of Seymour.
(2) Powers and duties.
(a) In accordance with I.C. 36-7-4-207 the City Council shall appoint one of its members to serve as a member of the Plan Commission.
(b) In accordance with I.C. 36-7-4-902, the City Council shall appoint one person residing within the city or its extraterritorial jurisdictional area to serve as a member of the Board of Zoning Appeals.
(c) The City Council shall, after report and recommendation from the Plan Commission, approve or deny any proposed amendment to the text of this chapter or to the zoning map.
(d) If the Council rejects or amends a proposal to amend the ordinance text recommended favorably by the Plan Commission, the Council shall return the proposal to the Plan Commission with the written reasons for the rejection or amendment, as provided in (B)(1) and in I.C. 36-7-4-607.
(e) As provided in I.C. 36-7-4-607 and 36-7-4-608, if the Council fails to act on a recommendation from the Plan Commission within the time limit prescribed by the Indiana Code, the Plan Commission recommendation stands as if the Council had acted upon it.
(B) Plan Commission.
(1) Powers and duties.
(a) The Plan Commission shall adopt rules for the conduct of its hearings and shall adopt by rule a schedule of reasonable fees for the following:
1. Processing and hearing administrative appeals and petitions for rezoning, conditional uses, and variances;
2. Issuing permits; and
3. Other official actions taken in accordance with I.C. 36-7-4.
(b) The Plan Commission shall provide for notice and conduct public hearings on amendments to the map or text of this chapter, use variances, final planned unit developments, and development plans.
(c) The Plan Commission shall forward proposals to amend the zoning map or the text of this chapter to the City Council with a favorable, unfavorable, or no recommendation in accordance with I.C. 36-7-4-607 and 36-7-4-608 and the Plan Commission's Rules of Procedure.
(2) Membership. The members of the Seymour Plan Commission shall be appointed In accordance with I.C. 36-7-4-208 and 36-7-4-214.
(C) Board of Zoning Appeals.
(1) Powers and duties.
(a) The Board of Zoning Appeals shall hear and decide all applications for variances and conditional uses and all appeals from administrative decisions made under the provisions of this chapter.
(b) The Board of Zoning Appeals shall provide for public notice to interested parties of hearings before the Board in accordance with I.C. 5-3-1-2 and I.C. 5-3-1-4 at least ten days before the date set for the hearing. The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice. The party taking the appeal or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties.
(c) The staff may appear before the Board at the hearing and present evidence relevant to the effect on the Comprehensive Plan or Zoning Ordinance of the granting of a variance or the determination of any other matter.
(d) The Board of Zoning Appeals shall make a decision on any matter that it is required to hear either at the meeting at which the matter is first presented, or at the conclusion of the hearing on that matter, if it is continued. Within five days of making a decision, the Board shall file a written copy of its decision in the office of the Board.
(e) The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings, and record the specifics of each vote on all actions taken. All minutes and records shall be filed in the offices of the Board and shall be a public record.
(f) The Board of Zoning Appeals shall adopt rules of procedure concerning the filing of appeals, applications for variances, and conditional uses, giving of notice, conduct of hearings and other such matters as may be necessary to carry out its duties under this chapter. At the first meeting of each year, the Board shall elect a Chair and Vice-Chair from among its members.
(2) Membership. The members of the Board of Zoning Appeals shall be appointed In accordance with I.C. 36-7-4-902.
(3) Alternates.
(a) The Mayor, City Council, and Plan Commission each may appoint alternate members to the Board of Zoning Appeals.
(b) Alternate members shall have all of the rights and privileges of members of the Board of Zoning Appeals and may participate in the discussion and evaluation of petitions before the Board.
(c) An alternate member shall serve as a voting member of the Board of Zoning Appeals and may be entitled to vote when the regular member for whom the person is an alternate is absent or abstains from participating in consideration of a matter before the Board.
(d) The alternate members shall have the same qualifications as the regular members as specified in (C)(2).
(4) Removal of members. The appointing authority (Mayor, City Council, or Plan Commission) may remove a member from the Board of Zoning Appeals for cause. The appointing authority shall mail notice of the removal, along with written reason for the removal, to the member at his residence address. A member who is removed may, within 30 days after receiving notice of the removal, appeal the removal to the Circuit or Superior Court of the county.
(5) Limitation on re-filing. Any petition approved by the Board of Zoning Appeals, unless otherwise stipulated, shall expire and become void one year after the date of its granting unless the petitioner or his agent has substantially put into effect the use on the property for which the petition was approved. Within 90 days of approval of a petition, the petitioner shall apply for an improvement location permit, or building permit as appropriate.
(6) Majority vote required. An affirmative vote by a majority of the Board of Zoning Appeals shall be required to approve or deny a petition before the Board.
(D) Staff.
(1) Authority. The staff shall have the authority to take those lawful actions necessary to enforce the terms of this chapter on behalf of the Plan Commission and Board of Zoning Appeals.
(2) Powers and duties. The authority to perform inspections, review applications, issue permits, and grant administrative adjustments is hereby delegated to the staff.
(a) The staff is authorized to issue improvement location permits as described in § 157.002.
(b) The staff is authorized to make inspections of all lands located within the jurisdiction of the Plan Commission in order to enforce this chapter. In order to execute inspections, the staff shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out their duties in the enforcement of these regulations. If the owner or occupant of the premises refuses to permit entry, the staff may make application to any judge of the Circuit or Superior Courts of Jackson County, Indiana, for the issuance of an administrative search warrant. Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a violation of these regulations exists on such premises.
(c) The staff is authorized to approve administrative adjustments of no more than 10% to any numerical dimensional or intensity standard in accordance with the following criteria:
1. The adjustment is requested because it eliminates an unnecessary inconvenience to the applicant and will have no significant adverse impact on the health, safety or general welfare of surrounding property owners or the general public;
2. The requested administrative modification is of a technical nature and is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;
3. The adjustment does not alter access to property nor on-site circulation; and
4. The adjustment does not decrease the amount of off-street parking to an amount not adequate for the use. In determining the amount of parking that is adequate, the staff shall consider the amount otherwise required by the zoning ordinance for this use, the information available from the Institute of Traffic Engineers, empirical studies of the parking needs for the use.
(3) Interpretation. The Building Commissioner is hereby authorized to interpret the various provisions of this chapter. The Building Commissioner's interpretation may be appealed to the Board of Zoning Appeals. The Building Commissioner shall follow the rules of interpretation contained in § 157.012.
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 14, 2008, passed 6-9-2008)
§ 157.026 COMMON REVIEW PROCEDURES.
(A) Authority to file applications. Applications under this chapter may be initiated by one of the following:
(1) The requisite percentage of the owners of the property that is the subject of the application;
(2) The owners' authorized agents;
(3) City staff on behalf of the city; and
(4) Any review or decision-making body.
(B) Application contents. The Plan Commission shall prescribe in its rules the form and content of all applications. Only applications filed in compliance with these rules shall be considered to be valid applications.
(C) Fees. Each application shall be accompanied by the appropriate filing fee as prescribed in the Plan Commission Rules of Procedure. Such fees are non-refundable.
(D) Pre-application conference.
(1) The purposes of the pre-application conference are to provide an opportunity for the applicant and the staff to discuss the review process schedule and submittal requirements, the scope of the project, and compliance with this chapter. Staff opinions presented during pre-petition meetings are informational only and do not represent a commitment on behalf of the city regarding the acceptability of the development proposal.
(2) An applicant for any matter requiring Plan Commission approval may schedule and hold a pre-application conference with the staff before filing such application. Attendees may include representatives from other city agencies or other persons the staff deems appropriate to a meaningful discussion.
(E) Determination of completeness. All applications shall be filed in accordance with the Plan Commission's rules. The staff shall review the application for completeness within the time limit established in the Plan Commission's rules. An application shall be deemed complete if it is submitted in the prescribed form and contains all mandatory materials and the requisite number of copies.
(F) Simultaneous processing of applications. Whenever two or more forms of review and approval are required under this chapter (e.g., a rezoning and a conditional use permit), the applications for those development approvals may, at the option of the applicant and with the concurrence of the staff be processed simultaneously, so long as all applicable state and local requirements are satisfied for all applications.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.027 SPECIFIC REVIEW CRITERIA.
(A) Amendments.
(1) Zoning map (rezoning).
(a) Initiation. Map amendments may be initiated by the owners of 50% or more of the area involved in the petition, by the Plan Commission, or by the City Council.
(b) Criteria. In preparing and considering proposals to amend the zoning ordinance, the Plan Commission and City Council shall pay reasonable regard to the following matters in accordance with state law (I.C. 36-7-4-603):
1. The comprehensive plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction;
5. Responsible development and growth.
(c) Procedure.
1. The Plan Commission shall give notice and hold a public hearing on each proposed amendment. Notice shall be given in a manner prescribed in the Commission Rules of Procedure to interested parties as defined in those rules. After the hearing, the Plan Commission may make a favorable, unfavorable, or no recommendation to the City Council.
2. The City Council shall consider the recommendation, if any, of the Plan Commission before acting on a proposal to amend the zoning map. The City Council shall approve or deny the request as provided by Indiana law.
(2) Text amendments.
(a) Initiation. Text amendments may be initiated by the Plan Commission or by the City Council.
(b) Criteria. The criteria for text amendments shall be the same as those set forth in (A)(1)(b).
(c) Procedure.
1. The Plan Commission shall give notice and hold a public hearing on each proposed amendment as set forth in I.C. 5-3-1. After the hearing, the Plan Commission may make a favorable, unfavorable, or no recommendation to the City Council.
2. The City Council shall consider the recommendation, if any, of the Plan Commission before acting on a proposal to amend the text of the zoning ordinance. The City Council shall approve, reject, or amend the proposal as provided by Indiana law. (See (B)(1)).
(3) Written commitments. When considering an amendment to the zoning map, the Plan Commission shall require the petitioner to submit written commitments, as specified in I.C. 36-7-4-615, which restrict the use(s) and/or developmental standards of the proposed zoning district. If the applicant seeking the rezoning proposes any improvements to the real estate, then the written commitments shall specify a timeline for installation of any such improvements that are being proposed. In the event that the improvements are not installed as specified, the ordinance shall not take effect and shall be considered null and void. As a condition of approval, the Plan Commission or the City Council may also require appropriate financial guarantees to insure the timely completion of any proposed public improvements related to the proposed zoning district.
(a) Initial rezoning. Written commitments in addition to those submitted by the petitioner may also be initiated by the Plan Commission, or by the City Council.
(b) In approving written commitments, the City Council shall include a requirement that such commitments may not be modified by the Plan Commission without the City Council’s consent.
(c) Modifications or termination of commitments after initial zoning. The Plan Commission may modify or terminate written commitments relating to the development standards after notice is provided in accordance with the Plan Commission rules of procedure. The modification may be initiated by the owner of the property, by the commission, or by the City Council. The modification must be forwarded to the City Council for final action.
(d) Modifications or termination of commitments involving permitted uses may be allowed only through the same procedure as the initial rezoning. In approving, modifying, or terminating commitments, the Plan Commission shall consider the factors listed in (B).
(e) The written commitments shall be recorded in accordance with the I.C. 36-7-4-615. Recorded commitments are binding on the owner of the parcel, a subsequent owner of a parcel, and any person who acquires an interest in the parcel. An ordinance amending the zoning map that includes written commitments shall not be effective until the commitments are recorded. After the ordinance is adopted and the commitments are recorded, the zoning map shall be amended to indicate the new district designation with the letter "C" appended to indicate that commitments accompany the district designation.
The commitments must be recorded within 90 days after the City Council adopts the amendment, unless the Plan Commission grants an extension. In the event the commitments are not recorded within the specified time, the ordinance shall not take effect and shall be considered null and void.
(f) An improvement location permit shall not be issued for any property subject to written commitments unless the use and development on the property comply with the recorded written commitments.
(g) Any violations associated with written commitments are subject to the penalties in § 157.999.
(B) Overlay zones.
(1) General.
(a) Overlay zones may be established by the Seymour City Council in the same manner as an amendment to the Zoning Map. In addition to the rezoning criteria contained in § 157.049, the City Council shall determine that the overlay district accomplishes the following:
1. Protects resources of community value that have been established by the Seymour Comprehensive Plan;
2. Retains and does not repeal or in any respect alter the provisions and requirements of any other applicable local, state or federal regulations.
(b) In order to establish the boundaries of an overlay district, the Plan Commission shall conduct a survey that identifies the features the district is intended to protect and recommends the boundaries of the area to be included in order to accomplish the purposes of the district.
(c) In the event that the overlay district no longer meets the purpose, intent and criteria of this chapter, the City Council may remove the overlay district in the same manner as an amendment to the Zoning Map.
(2) U.S. 50 Highway corridor overlay zone.
(3) Traditional neighborhood overlay zone.
(4) Historic overlay zones.
(C) Variances.
(1) General.
(a) The Board of Zoning Appeals shall grant a variance from the terms of this chapter only if all applicable criteria are met.
(b) Variance applications shall be filed in accordance with the BZA Rules of Procedure.
(c) Whenever the decision of the Board is conditioned upon the petitioners compliance with a requirement imposed by the Board concerning construction or site development (e.g., installation of landscaping, fencing, paving, curb stops or any comparable requirement) and such condition is recited in the notice to the petitioner of the Board's decision, petitioner shall be required to notify the staff in writing of the timely fulfillment of such requirement. If the time for fulfillment of the condition is stated in the Board's decision, the written notification must be received within 90 days after the commencement of the use or completion of construction authorized by the Board's decision, whichever is earlier.
(d) Failure to comply with any conditions imposed by the Board of Zoning Appeals shall constitute a violation enforceable by governmental authority pursuant to the provisions of § 157.999.
(e) If it deems advisable, the Board may require or permit the petitioner to make written commitments concerning the use or development of
the subject property. The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall authorize their recording by the Administrative Official in the office of the Recorder of Jackson County, Indiana.
(f) The Board may require in such commitment the designation of any specially affected persons or categories of specially affected persons, who shall be entitled to enforcement thereof pursuant to § 157.999.
(g) The commitments may be modified or terminated by a decision of the Board of Zoning Appeals made at public hearing after proper notice has been given. Any modification or termination of the commitments approved by the Board shall not be in full force and effect until reduced to writing by the present owner(s) of the real estate, endorsed by the Board, and recorded in the office of the Recorder of Jackson County, Indiana.
(2) Use variance. The BZA may grant a request for a use variance only if all of the following criteria are met:
(a) The approval will not be injurious to the public health, safety, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some condition peculiar to the property involved;
(d) The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(e) The approval does not interfere substantially with the Comprehensive Plan.
(3) Development standards variance. The BZA may grant a request for a development standards variance only if all of the following criteria are met:
(a) The approval will not be injurious to the public health, safety, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; and
(d) The variance granted is the minimum necessary and does not correct a hardship caused by an owner, previous or present, of the property.
(4) Conditions and commitments. The Board may require all such conditions and commitments as it deems necessary in the public interest. Such conditions and commitments shall be subject to the requirements of § 157.027.
(5) Notice and hearing. The BZA shall give notice and hold a public hearing as required by Indiana law and in accordance with the Board's Rules of Procedure.
(6) Findings of fact. The Board shall make written findings of fact on all applicable criteria and shall provide the applicant with a copy of the findings.
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 11, 2010, passed 8-23-2010)
Editor’s note:
I.C. 36-7-4-615 was repealed by P.L. 126-2011, Sec. 68.
§ 157.028 CONDITIONAL USES.
(A) The Board of Zoning Appeals shall hear and decide only such conditional uses as are specifically authorized by this chapter. The Board shall approve only those conditional uses that are found to meet the criteria in this subchapter and shall deny any conditional use that is inconsistent with the purposes and intent of this chapter.
(B) The Board shall impose such safeguards and conditions on the granting of a conditional use that the Board finds necessary to ensure that the purposes of this chapter are met.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.029 CRITERIA.
The Board shall not grant a conditional use unless it finds that the following criteria are met, as applicable:
(A) There will be adequate ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe.
(B) Off-street parking and loading areas, will be adequate for the use.
(C) Adequate utilities are available to serve the use.
(D) Adequate landscaping and buffering will be provided.
(E) Signs and proposed exterior lighting will be adequate and will not be a nuisance.
(F) The use will meet required setback distances, yards and other open space provisions of this chapter.
(G) The use will not constitute an unfair advantage or create special privilege to an individual.
(H) The conditional use is appropriate to the property and is not granted solely for the convenience of the owner or occupant of the property.
(I) The proposed use will be compatible with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the district.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.030 ADMINISTRATIVE APPEALS.
(A) Authority. The Board of Zoning Appeals shall hear and decide appeals where it is alleged there is error in any of the requirements, decision or determination made by an administrative official or body charged with the administration and enforcement of this chapter.
(B) Application.
(1) Any person aggrieved by any decision of an authorized official concerning interpretation, administration or enforcement may file an appeal with the BZA.
(2) An appeal shall specify the ground thereof and shall be filed within 30 days of the decision alleged to be in error. The administrative official or body from whom the appeal is taken shall forthwith transmit to the Board all documents, plans and papers constituting the record of the action from which the appeal is taken.
(C) Decision. The Board of Zoning Appeals may, so long as such action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make such order, requirements, decision or determination as in its opinion ought to be made, and to that end shall have the powers of the administrative official or body from whom the appeal is taken.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.031 PLANNED UNIT DEVELOPMENTS.
(A) Initiation. A petition to rezone property to PUD or to modify an approved PUD may be filed by any of the following:
(1) The owners of all lots or parcels within the area proposed for rezoning;
(2) In the case of a single lot or parcel with multiple owners, all those having ownership interest in the lot or parcel.
(B) Hearing and decision.
(1) The Plan Commission shall hold a public hearing and make a recommendation to the City Council on the proposed PUD ordinance and PUD zoning in the same manner as for a map amendment. The Plan Commission may recommend approval or disapproval of the rezoning request. The Commission may impose conditions on a favorable recommendation and/or request written commitments in accordance with § 157.027.
(2) The City Council may impose reasonable conditions on a proposed PUD and allow or require the owner of the real property to make written commitments in accordance with § 157.027.
(3) Adoption of the PUD ordinance by the city council constitutes final approval of the preliminary PUD plan. After the PUD ordinance is adopted, the Plan Commission shall exercise continuing jurisdiction. The Plan Commission is hereby authorized to conduct secondary reviews, grant approvals, and make modifications to approved detailed PUD plans. The Commission shall not modify the preliminary PUD plan or any condition or commitment allowed or required by the City Council.
(C) Modification procedure.
(1) In the exercise of its continuing jurisdiction, the Plan Commission may from time to time allow the petitioner to modify the approved detailed PUD in a manner consistent with the approved preliminary PUD plan to allow for changed circumstances and conditions unforeseen at the time of original approval. Except as provided below, such modifications shall be considered in the same manner as the secondary review, and notice shall be given and a hearing held in accordance with the Commission's Rules of Procedure.
(2) The staff is authorized to approve administrative adjustments as specified in § 157.026.
(D) Review procedure.
(1) An application for rezoning to PUD shall include or incorporate by reference those materials specified in the Plan Commission Rules of Procedure.
(2) The Plan Commission shall conduct secondary review as specified in Indiana law and further described in this section.
(3) The Commission may approve a detailed PUD plan only after a public hearing. Notice shall be given to interested parties and the hearing conducted in accordance with the Commission's Rules of Procedure.
(4) No development shall take place until the Commission has approved a detailed PUD plan. If a subdivision plat is filed in conjunction with the detailed PUD plan, appropriate plans and details listed below may be included on the subdivision plat rather than on the PUD plan. The detailed PUD plan or subdivision plat shall include such information and materials as are required by the Plan Commission Rules of Procedure.
(5) Approval of the detailed PUD plan shall be granted only upon a finding by the Commission that the plan is consistent with the approved preliminary PUD plan.
(6) The approved detailed PUD plan shall be marked, "Approved Detailed Planned Unit Development," be signed by the president and secretary of the Commission, and bear the Commission's seal. One copy shall be permanently retained in the offices of the Plan Commission. No permits shall be issued until the detailed plan and all accompanying documents have been recorded in the Office of the Jackson County Recorder.
(7) Any decision of the Plan Commission to approve or deny approval of a detailed PUD plan hereunder is a final decision that may be appealed to the City Council, provided that any refusal by the Commission to approve a detailed PUD plan shall not limit the right of the petitioner to continue to seek approval, nor shall it impair the right of the petitioner to request an extension of time for approval, if no appeal is filed.
(8) The Plan Commission may allow the petitioner to develop the property involved in phases. If such phasing is permitted, the petitioner shall submit detailed PUD plans that correspond to the phases involved, and the phases shall be developed in the order approved by the Commission. Such detailed PUD plans for phases, when approved, shall be treated in the same manner as the approved detailed PUD plan for an entire PUD.
(9) Where platting, or replatting of streets within all or a portion of the land involved is contemplated, the Plan Commission shall handle such matters in accordance with its regular procedures in accordance with law.
(10) No construction or installation work shall be done on any public improvement until satisfactory plans and specifications therefore have been approved by the Plan Commission as part of the approved detailed PUD plan or as part of a subdivision in accordance with the Subdivision Control Ordinance.
(E) Administrative adjustments.
(1) Administrative adjustments are permitted for changes that do not do any of the following:
(a) Alter the basic relationship of the proposed development to adjacent property.
(b) Change the uses permitted.
(c) Increase any of the following by more than 15% (this total is cumulative for all modifications to the PUD):
1. The maximum density;
2. The maximum floor area;
3. The maximum height;
4. Decrease the amount of off-street parking to an amount not adequate for the use. In determining the amount of parking that is adequate, the staff shall consider the amount otherwise required by the zoning ordinance for this use, the information available from the Institute of Traffic Engineers and empirical studies of the parking needs for the use;
5. Reduce the approved yards or setbacks by more than 15%; and
6. Alter site ingress or egress in any way or create a substantial change to on-site circulation, as determined by the appropriate engineering or highway department.
(2) Upon receiving a request for an administrative adjustment the staff shall have ten working days to respond to the petitioner, by either approving or rejecting the request. An applicant may appeal the decision of the staff to the Plan Commission.
(F) Abandonment or expiration.
(1) The City Council's approval of the preliminary PUD plan shall be valid for two years after the date the City Council adopts the PUD ordinance. Within this two-year period the PUD shall receive approval of the final detailed PUD plan for the first section or the entire development. Should the planned development not receive approval of the detailed PUD plan for at least one section or the entire development within the two years, the City Council, Plan Commission, or property owner may initiate a rezoning of the property. The Plan Commission may extend the approval period, not to exceed five successive periods of no more than two years each. The approval of the detailed PUD plan for each section of the Preliminary PUD Plan shall extend the approval length of the Preliminary PUD Plan for two years.
(2) Commission approval of a detailed PUD plan shall expire if the plan is not recorded within six months after the approval date. Commission approval of a detailed PUD plan shall expire after a period of five years from the approval of a detailed PUD unless the development in any phase has been substantially begun and pursued with due diligence. The Commission may grant extensions of time not to exceed five successive periods of no more than two years each. If the detailed PUD plan expires as provided in this section, the Commission may require the plan to be resubmitted for approval, and it shall conduct a secondary review as if the plan were a new filing. Alternatively, the Commission may opt to initiate a rezoning of the property to a classification other than PUD.
(3) A development approved under this chapter shall be deemed to be abandoned or discontinued if it has expired under (F) above or when no improvements have been made pursuant to the detailed PUD plan for a period of 24 consecutive months. When a PUD has been abandoned or discontinued, the detailed PUD plan shall no longer be valid, and no development shall be permitted until the plan is re-approved, and/or the property is rezoned.
(G) Permits and enforcement.
(1) The staff shall not issue any permit for development or improvements in a PUD district unless all recording required by this chapter has been effected. No certificate of completion or occupancy shall be issued for a PUD district unless the development complies with the approved detailed PUD.
(2) All development shall be in conformity with the approved detailed PUD. In the exercise of its continuing jurisdiction, the Plan Commission shall take cognizance of any material deviations from the approved detailed PUD and take appropriate enforcement action. Only those uses shown on the approved detailed PUD Plan shall be permitted; all other uses are prohibited.
(H) Covenants and maintenance; financial guarantees.
(1) Covenants may be required by the Commission as an ingredient for stability and longevity of the PUD. If submitted, the covenants shall set forth in detail provisions for the ownership, administration, and maintenance of facilities held in common so as to ensure their continuity and conservation. Such covenant provisions shall include specific remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the city, and in such event the city, may take those remedial steps provided for such provision. The covenants shall be recorded with the detailed PUD plan.
(2) The Commission may require the recording of covenants for any reasonable public or semipublic purpose, including but not limited to the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semipublic purposes wherever necessary in conformity with the land use plan of current adoption. Such covenants may provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within the specified period of time, the applicable elements of the covenants shall automatically terminate. If such termination occurs, the petitioner shall then submit for approval by the Commission a modified detailed PUD plan for such land consistent with the approved preliminary PUD plan. Such modified detailed PUD plans, when approved, shall be treated in the same manner as approved detailed PUD plans for an entire PUD.
(3) The Commission may require the recording of covenants for any other reasonable purpose, including but not limited to imposing standards for development of property in a PUD. Such development standards may include, but are not limited to, requirements as to the following:
(a) Lot area;
(b) Floor area;
(c) Ratios of floor space to land area;
(d) Buildable area or the area in which structures may be built;
(e) Open space;
(f) Setback lines and minimum yards;
(g) Building separations;
(h) Height of structures;
(i) Signs;
(j) Off-street parking and loading space;
(k) Design standards; and
(l) Phasing of development.
(4) Enforcement of the covenants shall be the responsibility of the property owners, unless the city is, with its consent, specifically made a party to one or more covenants. Public enforcement shall apply only to those covenants to which a public entity is a party.
(5) The petitioner shall provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of the Subdivision Control Ordinance.
(6) Adequate provision shall be made for a private organization with direct responsibility to and control by the property owners involved to provide for the operation and maintenance of all common facilities, including private streets. Assurances or guarantees, satisfactory to the Plan Commission shall be provided to demonstrate that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
(7) Common facilities that are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to the beneficiaries thereof. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(8) All private streets shall be maintained by the responsible private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that such vehicles will have adequate maneuvering area. Such private streets shall be developed in accordance with the Subdivision Control Ordinance.
(9) As a condition of approval, the Plan Commission and/or City Council shall require any appropriate financial guarantees to insure the timely completion of any improvement related to the PUD as required by the Subdivision Control Ordinance.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.032 DEVELOPMENT PLANS.
(A) Primary approval.
(1) An applicant for development plan approval shall submit an application accompanied by all information, materials and fees required by the Plan Commission Rules of Procedure.
(2) The Plan Commission shall determine if the development plan is consistent with the comprehensive plan; and satisfies the development requirements specified in this chapter.
(3) The Plan Commission may do the following:
(a) Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan.
(b) Provide that approval of a development plan is conditioned on the furnishing to the Plan Commission of a bond or written assurance that:
1. Guarantees the timely completion of a proposed public improvement in the proposed development; and
2. Is satisfactory to the Plan Commission.
(c) Permit or require the owner of real property to make a written commitment as provided in § 157.027(A)(3).
(4) The Plan Commission shall make written findings concerning each decision to approve or disapprove a development plan. The Plan Commission president is hereby designated as the official authorized to sign the written findings.
(B) Secondary approval. The staff is hereby authorized to grant secondary approval of Development Plans. After meeting all conditions of primary approval, the applicant may submit the development plan for secondary approval. The staff shall review the application and if all conditions have been met, the staff shall grant secondary approval. Any refusal to grant secondary approval may be appealed to the Plan Commission.
(Ord. 17, 2006, passed 11-27-2006)