a. RD District: Rural Development.
1. Uses Permitted.
a. Single-family dwelling.
b. Churches or similar places of worship, parish house, convent.
c. Elementary schools, high schools, and institutions for higher education, not conducted for profit.
d. Public parks and playgrounds and other municipal recreations used.
e. Public libraries and museums.
f. Golf courses and country clubs, including such commercial activities as dining rooms, bars, pro shops, etc., except that any building so used shall be not less than two hundred (200) feet from any adjoining property.
g. Customary agricultural operations, provided that no continuing and unreasonable odor or dust producing substance or use shall be permitted within three hundred (300) feet of any property line.
h. Customary home occupations, provided that there shall be no external evidence of such occupations, except an announcement or professional sign not exceeding two (2) square feet in area, provided that no such sign shall be illuminated.
i. Customary accessory uses and buildings including private garages, provided such uses are incidental to the principal use and do not include any activity commonly conducted for gain. Any accessory building shall be located on the same lot with the principal building.
2. Percentage of Lot Coverage. All buildings including accessory buildings shall not cover more than fifteen percent (15%) of the area of lot.
3. Building Size. No one-story dwelling shall be erected having a ground floor liveable area of less than one thousand four hundred (1,400) square feet and no two-story dwelling shall be erected having a ground floor area of less that one thousand (1,000) square feet.
b. R-1 District: Single-Family Residential District.
1. Uses Permitted.
a. Single-family dwelling.
b. Churches or similar places of worship, parish house, convent.
c. Elementary schools, high schools, and institutions for higher education.
d. Public parks and playgrounds and other municipal recreations used.
e. Public libraries and museums.
f. Golf courses and country clubs including such commercial activities as dining rooms, bars, pro shops, and the like, except that any building so used shall be not less than two hundred (200) feet from any adjoining property.
g. Customary home occupations, provided that there shall be no external evidence of such occupations, except an announcement or professional sign not exceeding two (2) square feet in area, provided that no such sign shall be illuminated.
h. Customary accessory uses and buildings including private garages, provided such uses are incidental to the principal use and do not include any activity commonly conducted for gain. Any accessory building shall be located on the same lot with the principal building.
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Percentage of Lot Coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of lot.
4. Building Size. No one-story dwelling shall be erected having a ground floor liveable area of less than one thousand four hundred (1,400) square feet and no two-story dwelling shall be erected having a ground floor liveable area of less than one thousand (1,000) square feet.
5. Off-Street Parking. Off-street parking for not less than two (2) vehicles shall be provided in either garages or hard surface driveways.
c. R-2 District: Single-Family Residential District.
1. Uses Permitted.
All uses permitted in the R-1 District, subject to the regulations set forth therein, except those regulations relating to lot size, side yard requirements, front and rear yard requirements.
2. Utility Requirements. Public sewer and water are required. All utilities including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Percentage of Lot Coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.
4. Building Size. No one-story dwelling shall be erected having a ground floor liveable area of less than one thousand one hundred (1,100) square feet and no two-story dwelling shall be erected having a ground floor liveable area of less than eight hundred (800) square feet.
5. Off-Street Parking. Off-street parking for not less than two (2) vehicles shall be provided in either garages or hard surface driveways.
d. R-3 District: Residential Duplex.
1. Uses Permitted.
a. All uses permitted in the R-1 and R-2 Districts.
b. Two-family dwellings.
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Percentage of Lot Coverage. All buildings including accessory buildings shall not cover more than forty percent (40%) of the area of the lot. Each unit in this zoning district shall be permitted to cover up to forty percent (40%) of the portion of the lot that said unit occupies however in no case shall the total lot coverage exceed forty percent (40%).
4. Building Size. No building shall be erected for two-family purposes having a ground floor liveable area of less than nine hundred (900) square feet per family.
5. Off-Street Parking. Off-street parking for not less than two (2) vehicles shall be provided in either garages or hard surface driveways.
6. The lot shall be divided according to the number of units for platting purposes in an effort to assure proper assignment of key numbers.
e. R-4 District: Multiple-Family Residence District.
1. Uses permitted.
a. All uses permitted in the R-1, R-2 and R-3 Districts.
b. Two-family and multiple-family dwellings.
c. Nursing and convalescent homes but excluding institutions for the insane, feeble minded, drug, or alcohol related patients, however, that such occupancy shall be by special use permit only.
d. Hospital or sanitarium for the treatment of human ailments, however, that such occupancy shall be by special use permit only.
e. Clubs and lodges, except in such clubs or lodges, the chief activity of which is a service customarily carried on as a business or primarily for gain. In conjunction with such club or lodge a dining room may be operated provided it is incidental to the activities of said club or lodge and is conducted for the benefit of the members thereof only, and further provided no sign is displayed advertising such activity.
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Required Lot Area. No dwelling shall be established on a lot having an area less than twenty thousand (20,000) square feet, provided, however, that each dwelling shall be located on a lot having an area of not less than the following:
a. Each unit shall have a minimum of four thousand (4,000) square feet of green space on the lot or in the development.
For purposes of this ordinance, the term bedroom, shall include nursery, den, guest room, maid's room, and other rooms that are readily converted to bedrooms.
4. Percentage of Lot Coverage. All buildings including accessory buildings shall not cover more than forty percent (40%) of the area of the lot.
5. Building Size. No building shall be erected for multiple-family purposes having a ground floor liveable area of less than nine hundred (900) square feet and no dwelling unit shall contain less liveable floor area than the following:
a. Efficiency - nine hundred (900) square feet.
b. One-bedroom - nine hundred (900) square feet.
c. Each unit in excess of two (2) bedrooms shall add a minimum of one hundred fifty (150) square feet per bedroom.
6. Required Court Dimensions.
a. Outer Courts. An outer court is an open space enclosed wholly or partially by two (2) or more buildings. The width of any outer court shall be not less than two-thirds () the height of any opposing wall forming said court, but not less than ten (10) feet, and the depth shall not be greater than one and one half (1½) times the width.
b. An inner court is an open space circumscribed by a single building.
i. The least dimensions of any inner court shall be not less than two-thirds () the full height of the walls enclosing such court, but not less than thirty (30) feet.
ii. An open and unobstructed passageway shall, be provided at the grade level of each inner court. Such passageway shall have a cross section area and sufficient headroom to permit the passage of fire fighting personnel and equipment (not including motor vehicles and large apparatus) and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
7. Distance Between Buildings on Same Plot. No principal building shall be closer to any other principal building than the average of the heights of said buildings, but not less than twenty (20) feet.
8. Off-Street Parking. A minimum of two (2) vehicles spaces for each dwelling unit shall be provided on paved parking areas or in private garages, which shall be assigned to each dwelling unit.
9. Lots shall be divided according to the number of units for platting purposes in an effort to assure proper assignment of key numbers.
f. R-5M District: Mobile Home District.
1. Uses Permitted.
a. Mobile homes.
b. Churches or similar places of worship, parish house, convent.
c. Elementary schools, middle schools, high schools, and institutions for higher education.
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Percentage of Lot Coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of lot.
4. Building Size. No dwelling shall have a ground floor liveable area less than six hundred (600)
square feet.
5. Off-Street Parking. Off-street parking for at least two (2) vehicles shall be provided on paved driveways.
6. The Dyer Plan Commission may also include the imposition of conditions of use which the Commission deems essential to insure that the location of an R-5M District is consistent with the spirit, purpose and intent of this ordinance and will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.
g. B-1 District: Convenience District.
1. Uses Permitted.
Apparel stores
Art and school supplies stores
Bakeries
Barber shops
Beauty shops
Candy, dairy and ice cream stores
Churches
Drug stores
Dry goods
Electric and telephone substations by special exception
Fire stations
Food stores, including grocery and convenience stores
Gift shops
Jewelry stores including watch repairs
Laundries and dry cleaners automatic self service coin operated
Meat markets including the processing and sale of meat and meat products when conducted
as part of the retail business
Municipal facilities and public utilities
Parks and playgrounds
Police stations
Schools (public and private)
Shoe and hat repair stores
Stores and shops normally identified as convenience outlets
Accessory buildings and accessory uses
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Building Height Unit. No building shall be erected to a height in excess of thirty (30) feet.
4. Square Footage Limitation. No single store, shop, office, or facility may exceed five thousand (5,000) square feet.
5. Off-Street Parking. See Section 10-132.
6. Off-Street Loading. See Section 10-132.
7. In any commercial zoning district where a commercial building is to be located on a lot which is adjacent to property zoned for residential use, and in any industrial zoning district where an industrial building is to be located on a lot which is adjacent to property zoned for commercial or residential use, an opaque landscape screen, an opaque fence or screening having a minimum height of six (6) feet shall be provided by the commercial or industrial development along the lot lines of the adjacent property. Additionally, there shall be a minimum of a fifteen (15) foot greenspace between the commercial and residential zoning districts to be provided by the commercial developer. For the purposes of this section adjacent property shall mean both adjoining property and property separated by an alley. For further requirements, see Section 10-147.7 regarding bufferyard landscaping requirements.
h. B-2 District: General Commercial District.
1. Uses Permitted.
All uses permitted in B-1.
Animal hospitals
Antique shops
Art galleries
Banks
Bicycle stores, sales, rentals and repairs
Billiards by special exception
Blue printing and photocopying establishments
Book and stationery stores
Bowling by special exception
Camera and photography supply stores
Car washes and auto laundries
Carpet, linoleum and tile stores
Caskets and casket supplies
Cat and dog hospitals not including kennels
Catalog sales stores
Catering establishments
Cemeteries
China and glassware stores
Clothing and costume rental shops
Coin and philatelic stores
Communication towers, microwave towers, telephone exchanges including equipment buildings
Contractor's and construction offices
Custom dressmaking and millinery shops
Dance academy
Drive-in restaurants
Electric household appliance, television and radio stores including repairs
Employment agency
Florist shop and conservatories
Furniture stores
Furrier shops including storage
Garden supply and seed stores
Gymnasiums
Haberdashery stores
Hardware stores
Health centers
Health food stores
Hobby stores
Interior decorating shops
Job printing shops
Laboratories - research and testing, including medical and dental
Launderettes and dry cleaning establishments using not more than two (2) clothes cleaning units neither of which shall have a rated capacity of more than forty (40) pounds using fluid which is non-explosive and non-flammable
Leather goods and luggage stores
Libraries
Loan offices
Locksmith shops
Medical and dental clinics
Musical instrument stores including repairs
Office supply stores
Offices, professional and otherwise, office buildings
Optician shops
Orthopedic and medical appliance stores not including manufacturing of such appliances
Package liquor stores and taverns by special exception
Paint and wallpaper stores
Pawn shops
Pet stores
Photograph printing shops
Photography studios
Physical culture and health spas, privately owned and operated, such centers may include gymnastics, reducing salons, karate and judo studios and the like
Picture framing stores
Planned unit development, business
Post office
Public museum
Radio and television broadcasting
Recreational buildings and community centers
Restaurants when no entertainment or dancing is provided
Satellite dish sales establishments
Schools including music, dance and business
Sewing machine stores, household machines only
Shoe and hat repair
Shoe stores
Sporting goods stores
Tailor shops
Tanning salons
Taxidermist shop
Tobacco shops
Typewriter, adding machine and home computer sales and service
Video dating establishments with adequate soundproofing
Video rental sales/services stores
Wearing apparel shops
Accessory buildings and accessory uses
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Building Height Limit. Forty (40) feet.
4. Off-Street Parking. See Section 10-132.
5. Off-Street Loading. See Section 10-132.
6. In any commercial zoning district where a commercial building is to be located on a lot which is adjacent to property zoned for residential use, and in any industrial zoning district where an industrial building is to be located on a lot which is adjacent to property zoned for commercial or residential use, an opaque landscape screen, an opaque fence or screening having a minimum height of six (6) feet shall be provided by the commercial or industrial development along contiguous lot lines of the adjacent property. Additionally, there shall be a minimum of a fifteen (15) foot greenspace between commercial and residential zoning districts to be provided by the commercial developer. For purposes of this section adjacent property shall mean both adjoining property and property separated by an alley. For further requirements, see Section 10-147.7 regarding bufferyard landscaping requirements.
i. B-3 District: Highway Commercial.
1. Uses Permitted.
All uses permitted in B-2.
Those special exception uses allowed in the B-2 District.
Ambulance services
Amusement parks
Automobile accessory stores
Automobile filling stations
Automobile service centers
Boat and motor sales including servicing and repairs
Building materials sales, w/accessory enclosed (fenced) storage
Business establishments with entertainment
Clubs and lodges, private, fraternal or religious
Commercial laundry
Contractor's and construction office excluding the storage of vehicles and large equipment over
five thousand (5,000) pounds
Dog kennels
Dry cleaning plants
Extermination shops
Frozen food locker, exclusive of slaughtering
Greenhouse
Hospitals (special exception?)
Hotel
Linen, towel, diaper and other similar services
Live bait stores
Lumberyards
Monument sales
Motel
Motor vehicle salesroom or lot by special exception
Night club which shall be defined as a place of entertainment open at night usually serving food and liquor, having a floor show and providing music and space for dancing
Nurseries
Nursing homes
Parking lots for motor vehicles
Personal storage buildings
Public garage by special exception
Recording studios with adequate soundproofing
Restaurants when dancing and entertainment are provided
Roofing materials sales
Taverns where live entertainment is not provided
Theaters (special exception?)
Travel bureaus and transportation ticket offices
Undertaking establishments and funeral homes
Upholstery shop
Accessory buildings and accessory uses
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Building Height Limit. Forty (40) feet.
4. Off-Street Parking. See Section 10-132.
5. Off-Street Loading. See Section 10-132.
6. In any commercial zoning district where a commercial building is to be located on a lot which is adjacent to property zoned for residential use, and in any industrial zoning district where an industrial building is to be located on a lot which is adjacent to property zoned for commercial or residential use, an opaque landscape screen, an opaque fence or screening having a minimum height of six (6) feet shall be provided by the commercial or industrial development along the lot lines of the adjacent property. Additionally, there shall be a minimum of a fifteen(15) foot green space between commercial and residential zoning districts to be provided by the commercial development. For the purposes of this section, adjacent property shall mean both adjoining property and property separated by an alley. For further requirements, see Section 10-147.7 regarding bufferyard landscaping requirements.
j. I District: Industrial District.
1. In any commercial zoning district where a commercial building is to be located on a lot which is adjacent to property zoned for residential use, and in any industrial zoning district where an industrial building is to be located on a lot which is adjacent to property zoned for commercial or residential use, an opaque landscape screen, an opaque fence or screening having a minimum height of six (6) feet shall be provided by the commercial or industrial development along the lot lines of the adjacent property. Additionally, there shall be a minimum of a fifteen (15) foot green space between industrial and commercial or residential zoning districts to be provided by the industrial development. For the purposes o f this section, adjacent property shall mean both adjoining property and property separated by an alley. For further requirements, see Section 10-147.7 regarding bufferyard landscaping requirements.
2. Uses Permitted.
a. The following uses, provided, where they are established within one hundred fifty (150) feet of a residence zone boundary line, they shall be conducted wholly within a building, except for the off-street loading or delivery vehicles incidental thereto.
i. Wholesaling establishments.
ii. Creameries and bottling plants.
iii. The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products except fish and meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils.
iv. The manufacture, compounding, assembling or treatment of articles, or merchandise from the following prepared materials; bone, cellophane, canvas, cloth, cork, feathers, felt fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell textiles, steel, tobacco, wood, yarns, and paint not employing a boiling process.
v. The manufacture of pottery or figurines or other similar ceramic products.
vi. The manufacture or maintenance of electric or neon signs, billiards, commercial advertising structures, light sheet metal products, including heating or ventilating ducts or equipment, cornices, eaves and the like.
vii. The manufacture of musical instruments, clocks, watches, toys, novelties, and rubber or metal stamps.
viii. Automobile assembling, painting, upholstering, rebuilding, reconditioning, truck repairing, or overhaul, tire retreading or recapping, battery manufacturing.
ix. Assembly of electrical appliances, electronic instruments and devices, radios, and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders.
x. Blacksmith shop, manufacture of machine tools, manufacture of machinery including agricultural electrical machinery or equipment, office or store machines, equipment or supplies and the like, machine shop excluding punch presses over one hundred (100) tons rated capacity and drop hammers.
xi. Foundry casting lightweight non-ferrous metal not causing noxious fumes or odor.
xii. Laboratory, experimental, photo motion picture film or testing.
xiii. Retail auto Dealerships with no physical inventory on the premises. This use is limited to wholesale dealers holding a valid Town of Dyer business license for the calendar years 2014 and 2015 as of the date of this ordinance.
b. The following uses, provided, where they are within one hundred fifty (150) feet of a residence zone boundary line, they shall be conducted wholly within a building or within an area enclosed on all sides with a solid wall, compact evergreen screen or uniformly painted board fence, not less than six (6) feet in height, provided, however, that no such use shall provide for the manufacture, storage, or sale of any material classified as explosive by the Interstate Commerce Commission, Department of Transportation, or National Fire Protection Association.
i. Building material sales yard, including the sale of lumber, rock, sand and gravel as an incidental part of the main business.
ii. Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.
iii. Draying, freighting, or trucking yard or terminal.
iv. Grain, feed, or fuel yard and storage.
v. Public utility service yard or electrical receiving or transforming station.
vi. Plastic manufacture.
c. The following special exceptions, if their location is first approved by the Board of Zoning Appeals.
i. Bleaching or dyeing process.
ii. Boiler works.
iii. Brick, tile, terra cotta, or cinder block manufacture.
iv. Chemical manufacture.
v. Concrete or cement products manufacture.
vi. Gas storage.
vii. Glass manufacture.
viii. Feed mill.
ix. Furniture manufacture.
x. Paper of pulp manufacture.
xi. Planning mill.
xii. Sand or gravel-distribution or storage.
xiii. Stone cutting.
xiv. Any other manufacture or industrial operation whose location is determined by the Board to be in keeping with the intent and spirit of this ordinance.
xv. Sexually oriented businesses - see Section 10-168.
xvi. Tattoo parlor. An establishment whose primary activity consists of applying any form of tattoo or body art to customers for a fee.
2. Utility Requirements. Public sewer and water are required. All utilities, including electric and telephone, shall be underground. Public streets and sidewalks, unless specifically waived, shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Percentage of Lot Coverage. No more than sixty five (65%) percent of the lot may be covered with principal and accessory buildings.
4. Off-street Parking. See Section 10-132.
5. Off-street Loading. See Section 10-132.
6. Building Height Limit: Forty (40 feet).
k. In all RD, R-1, R-2, R-3, R-4 and R-5M Zoning Districts, the following uses, if permitted in said Zoning Districts under Subsections a., b., c., d., e. and f. above, shall be permitted by special exception only:
Cemeteries
Churches
Community centers
Group homes
Hospitals
Libraries and museums
Nursing homes
Schools
Golf courses and country clubs
l. Residential/Business.
1. Uses permitted.
a. Single family residences in combination with a commercial or light industrial use.
2. Utility Requirements. Public sewer and water was required. All utilities including electric, cable and telephone, shall be underground. Public streets and sidewalks shall be provided and same shall meet Town specifications as set forth in the Town's Book of Standards.
3. Building Height Limit. Forty (40) feet.
4. Lot coverage. No more than fifty percent (50%) of a lot may be covered with buildings.
m. Planned Unit Development.
1. Purpose and Conditions.
The Planned Unit Development (hereinafter referred to as “PUD”) provides for a variety of dwelling types to meet changing needs for future residents, and commercial and industrial buildings in order to secure greater convenience to the public through improved methods of merchandising and manufacturing, transportation, office management and distribution of services or products necessary to the public welfare. Because use and area requirements of this ordinance are primarily designed to apply to the traditional pattern of lot development and building arrangement generally prevailing within the Town, as well as building regulations pertaining to building size, yards, etc., the Town Council may establish a PUD by amending this ordinance and the accompanying Zoning Map, in accordance with the following procedure.
2. Objectives.
The following objectives may be obtained through the use of a Planned Unit Development District:
a. To permit a maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of other sections of this ordinance;
b. To promote a creative approach to the use of land and related physical facilities that results in better design and development with the inclusion of aesthetic amenities;
c. To combine and coordinate architectural styles, building forms and building relationships with a possible mixing of different urban uses in an innovative design;
d. To encourage a pattern of development to preserve natural vegetation, topographic and geologic features and environmentally appropriate features;
e. To provide for the prevention and/or control of soil erosion, surface flooding and the preservation of sub-surface water;
f. To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development and the public at large, if appropriate;
g. To provide for more usable and suitably located recreation facilities, schools and other public and private facilities;
h. To promote more efficient use of the land resulting in more economic networks of utilities, streets and other facilities;
i. To encourage a method for the preservation of architectural and historic landmarks;
j. To encourage a land use which promotes the public health, safety, and welfare.
3. General Design Criteria.
Approval of a Planned Unit Development is contingent on satisfaction of the following general design criteria and the Plan Commission shall find each criterion to have been met prior to granting final approval:
a. That the tract to be developed is at least five (5) acres in the case of planned unit residential development of exclusively single-family dwelling units; at least two (2) acres in the case of planned unit residential development containing multi-family dwelling units; and at least five (5) acres for non-residential planned unit developments.
b. That the height of the proposed structures conforms to the maximum height set forth in the district regulations for the district that is most comparable to the proposed development in terms of zoning and use, as well as the surrounding district and uses.
c. That the overall density of the residential projects (defined as the number of living units per acre) may exceed the district regulations for the district in which it is to be developed.
d. That the streets to be provided will assure a traffic circulation pattern which minimizes through traffic, allows adequate space for turning and parking and provides ample space for the turning and effective use of snow plows, garbage and fire trucks, loading and unloading and other pick-ups and deliveries without blocking traffic.
e. That the design of open spaces and housing in residential projects will provide both convenient ingress and egress and privacy.
f. That no structure will be more than two hundred (200) feet from a street, parking area, or other right-of-way on which a fire truck may be operated.
g. That adequate lighting will be provided.
h. That the final plans include the planting of adequate trees, shrubs and other landscaping where not already present.
i. That the design of the development is in harmony with existing surroundings and will not be detrimental to the character of the neighborhood.
j. That the applicant will bond himself and his contractor(s) to provide the improvements.
k. That adequate deed restrictions will be provided, running in favor of the municipality or an automatic homeowners association and individual homeowners for the proper maintenance, care and preservation of the exterior design, all common structures, facilities, utilities, access and open spaces and recreational areas by the original and all subsequent owners of property within the development.
l. That streets and rights-of-way shall meet the following standards:
i. Private street rights-of-way and pavements shall be constructed in conformity with the minimum street specifications prescribed by the Subdivision Control Ordinance.
ii. Private streets shall be maintained by the owners, or by the private organization, so that fire, police, health, school, and/or sanitation vehicles and public utility vehicles have adequate access. Adequate access includes an adequate turning area.
iii. Where public streets are required by the Plan Commission, they shall be dedicated and constructed in conformity with the minimum street specifications prescribed by the Subdivision Control Ordinance.
4. Procedure. The procedure for obtaining a change in a zoning district or undertaking development within a planned unit development district shall be as follows:
a. Pre-application Conference. The applicant must first attend a staff meeting with the Town's Zoning Administrator. The applicant shall submit a brief, written description of the proposed project to the Zoning Administrator explaining the intended character of the PUD, the benefits accruing to the community as a result of the PUD and the rationale behind the concept of the PUD, along with a sketch plan of the proposed project. At least fifteen (15) copies of the sketch plan must be submitted to the Zoning Administrator at least ten (10) days in advance of the staff meeting. After the staff meeting, the applicant may appear at a Plan Commission Study Session for Sketch Plan review; however, there must be at least ten (10) days between the staff meeting and the applicant's appearance at the Plan Commission Study Session. This period is for staff review and recommendations.
Fees shall be paid in accordance with the fee schedule contained in Section 10-119.
i. Sketch Plan. A drawing of the planned unit development shall be prepared at a scale that provides for a clear understanding of the intended development. The plan shall indicate the overall land use pattern, general circulation system, open space and park system and the major features of the development. The sketch plan does not require a detailed site plan of the buildings, roads, walks, etc. The plan should include:
1. Boundary lines or legal description.
2. Easements, general location and purpose.
3. Streets on or adjacent to the tract.
4. Proposed land use pattern.
5. Map date, name of development, name of site planner, north point, scale, date of preparation and acreage of site.
ii. Site data. A written explanation of the graphic elements of the plan including:
1. Description and quantity of land uses.
2. Description of residential units by type.
3. Number of dwelling units.
4. Estimated population.
5. Description of the development standards and design criteria.
iii. Objectives. A statement of planning objectives to be achieved by the Planned Unit Development. This statement shall include a description of the character of the proposed development and the rationale of the developer's plan.
iv. Ownership. A statement of the present and proposed ownership of all land within the project.
v. Environment. A preliminary statement identifying existing natural and environmental resources and the method to protect the physical amenities of the site, including information on:
1. Topography.
2. Flood plains and surface hydrology.
3. Vegetation and natural coverage.
4. Soils and subsurface conditions.
5. Geology.
6. Scenic vistas and views.
vi. Utilities. A preliminary engineering study providing information about existing and proposed sanitary sewer, storm sewer, water and other utilities necessary to adequately service the development.
vii. Traffic. A preliminary traffic analysis providing information on the existing road network and future improvements deemed necessary to service the development. This item is subject to the discretion of the Plan Commission.
viii. Schedule. A preliminary development schedule indicating the approximate dates when construction of various stages of the development can be expected to begin and be completed.
b. Preliminary Development Hearing. A public hearing shall be held upon written application of the developer to the Plan Commission. The developer shall submit fifteen (15) copies of a development plan to the Plan Commission at least sixty (60) days prior to the preliminary hearing. The purpose of preliminary hearing is to obtain preliminary approval and/or commitments from the Plan Commission that the plans, design and program that the developer intends to build and follow are acceptable and that the developer can obtain assurance that it can reasonably proceed with final detailed architecture, engineering, surveying, and landscape architecture in anticipation of final plan approval and subsequent construction.
i. Preliminary Plan. The preliminary plan shall show the overall plan for development, including grading, landscaping, exterior design and location of buildings, lots, all common structures, parking and open spaces, as follows:
1. Adequate provision shall be made for safe and efficient pedestrian and vehicular circulation within the site.
2. The scale of the plan should be appropriate to show the necessary detail with contours at a maximum of two (2) foot intervals and indicating any unusual topographical features.
3. The location, dimensions, and arrangements of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, loading and unloading zones, pedestrian ways, width of roads, streets, and sidewalks, are adequate to provide for safe and efficient ingress and egress to and from public streets and highways serving the development.
4. Capacity of all areas to be used for automobile access, parking, loading, and unloading.
5. Location, planned uses, dimensions, gross floor area, building coverage, and approximate height of each building or other structures.
6. Location and arrangement of all areas devoted to planted lawns, trees, recreation, and similar purposes.
7. Provisions made for the location of existing or proposed sewage disposal, water supply, storm water drainage, parking lot lighting, and other utilities.
ii. Detailed Development Plan. A drawing of the Planned Unit Development shall be prepared at a scale of not less than one (1) inch equals one hundred (100) feet and shall show such designations as proposed streets (public and private), all buildings and their proposed uses, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one (1) or more sheets and drawings which must include:
1. Boundary lines - bearing and distance.
2. Easements - location, width, and purpose.
3. Streets on and adjacent to the tract - street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.
4. Utilities on and adjacent to the tract - location, size, and invert elevation of sanitary and storm sewers, location and size of water mains, location of gas lines, fire hydrants, electric and telephone lines, and street lights.
5. Ground elevations on the tract - for land that slopes less than one-half percent (½%), show one (1) foot contour; for land that slopes more than one-half percent (½%) , show two (2) foot contour; also show spot elevations at all breaks in grades, along all drainage channels or swales and at points of special significance.
6. Subsurface conditions on the tract - (if required by Plan Commission) locations and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless test pits are dry at a depth of five (5) feet.
7. Other conditions on tract - water courses, flood plains, margins, rock out-crop, wooded areas, isolated preservable trees (one (1) foot or more in diameter), houses, barns, accessory buildings and other significant features.
8. Other conditions on adjacent land, approximate directions and gradient of ground slope, including any embankments or retaining walls, character and location of major buildings, pipelines, railroads, power lines, towers, and other nonresidential land uses or adverse influences; owners of adjacent unplatted land - for adjacent platted land refer to subdivision by platter name and show approximate percent built-up, typical lot size, and dwelling type.
9. Zoning - show zoning districts on and adjacent to the tract.
10. Proposed public improvements - highways or other major improvements planned for future construction, on or near tract.
11. Open space - all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.
12. Structures - general location, purpose, and height, in feet, of each building other than single family residences on individually platted lots.
13. Map date - name of development, name of site planner, northpoint preparation, and acreage of site.
14. Miscellaneous - such additional information as may be required by the Plan Commission.
iii. Additional Documents. In addition, the applicant shall also provide the following, together with its preliminary development plan:
1. A survey of the property, showing existing features of the property, including contours, building structures, trees over four (4) inches in trunk diameter, streets, utility rights-of-way and existing land use.
2. Preliminary drawings for buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.
3. Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Plan Commission.
4. A vicinity map showing the capacity and arrangement of utilities, streets, and thoroughfares.
5. Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
6. An explanation of the character of the Planned Unit Development and the manner in which it has been planned to take advantage of the flexibility of regulations and referencing the general benefits that will accrue to the public as a result of Planned Unit Development.
7. A statement of planning objectives to be achieved by the Planned Unit Development. This statement should include description of the character of the proposed development and the rationale behind the assumption and choices of the developer.
8. A statement of present and proposed ownership of all land within the project.
9. Proposed agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development and any of its common open spaces.
10. Information about the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, and the number of buildings by type.
11. Non-residential use - a statement indicating the type and amount of ancillary and non-residential uses including the amount of common open spaces.
12. Preliminary plans for plant materials, earth sculpturing, berming and aesthetic features.
13. Facilities plans for roads, sanitary sewer, water supply system, storm drainage, lighting program, and sidewalks.
14. Traffic analysis on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volume generated by Planned Unit Development. Such analysis should also include the adequacy of the internal vehicular circulation pattern.
iv. Review. The Plan Commission shall review the application and proposed plans with respect to whether or not the location, plan and character of development is in harmony with the long range development plan of the Town and its various elements. In the event that the original application is denied, the applicant must resubmit an original application to receive consideration. In the event the Plan Commission approves an application or tentatively approves an application with suggestions for revision, the applicant shall submit a final plan for final approval within six (6) months. After six (6) months, the applicant must resubmit an original application in order to be eligible for further consideration.
v. Conditions. Prior to the granting of any development plan, the Plan Commission may recommend and/or require such conditions and restrictions upon the establishment, location, design, layout, construction, maintenance, beautification, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance with the standards specified above. In all cases in which development plans are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions required in connection therewith will be complied with for the improvement of the development, protection of the adjacent area and to secure compliance with the standards specified.
vi. Findings. The Plan Commission, after determining that all the requirements of the zoning ordinance pertaining to PUD districts have been met, shall recommend the preliminary approval, approval with modifications, or disapproval of the development plan. The Plan Commission shall enter its reasons for such action in its records. The Plan Commission may recommend the establishment of a PUD district provided that it finds the facts submitted with the development plan establish that:
1. The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect.
2. Any amendment to the requirements of this section is warranted by the design and amenities incorporated in the development plan.
3. Land surrounding the proposed development either can be planned in coordination with the proposed development or will be compatible in use.
4. The proposed change to a PUD district is in conformance with the general intent of the comprehensive master plan.
5. Existing and proposed utility services are suitable and adequate to accommodate anticipated traffic within the proposed district and in the vicinity of the proposed district.
6. Existing and proposed utility services are adequate for the proposed development, and all buildings are served by a central sewage disposal system, public water supply, and public utilities.
7. Each phase of the proposed development, as it is proposed to be completed, contains at least the minimum amount of required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment, and that each phase will meet the foregoing conditions and intent of this ordinance at completion of each phase.
8. The development will consist of a harmonious grouping of buildings or other structures, adequate service, parking, and open spaces, planned as a single and common operating and maintenance unit, as applicable.
c. Final Development Plan. The final development plan shall be in general conformance with the approved preliminary development plan.
i. Final Detailed Plan. A final Planned Unit Development Plan suitable for recording with the County Auditor's Office shall be prepared. The purpose of the final plan is to designate with particularity the land subdivided into conventional lots, as well as the division of other land, not so classified, into common open areas and building areas. The final plan shall include:
1. An accurate legal description of the entire area under immediate development within the Planned Unit Development.
2. A planned unit development plan of all lands which are a part of the final plan being submitted, and meeting all the requirements for a final plan. If lands which are a part of the final plan are to be subdivided, then a subdivision plan is also required.
3. An accurate legal description of each separate unsubdivided use area including common open space.
4. Certificates, seals and signatures required for dedication of lands, and recording the document.
5. Tabulation on separate unsubdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.
ii. Common Open Space Documents. All common open space shall be either conveyed to municipal or public corporations, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the Planned Unit Development, or retained by the developer with legally binding guarantees, in a form approved by the Town Attorney, verifying that the common open area will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for the maintenance and improvement of common open space.
iii. Public Facilities. All public facilities and improvements made necessary as a result of the Planned Unit Development shall be either constructed in advance of the approval of the final plan or a bond shall be posted by the developer to guarantee construction of the required improvements. The bond shall be payable to the Town of Dyer and shall be sufficient to cover the total cost of the improvements plus ten percent (10%). Detailed construction plans shall be submitted for all public facilities to be built.
iv. Construction Plans. Detailed plans shall be submitted for the design, construction, and installation of site amenities including buildings, landscaping, lakes and other site improvements.
v. Construction Schedule. A final construction schedule shall be submitted for that portion of the Planned Unit Development for which approval is being requested.
vi. Guarantee Deposit. A deposit shall be made to the Town of Dyer in the form of cash, letter of credit of indefinite or renewable term, or maintenance bond approved by the Plan Commission, in a form acceptable to the Town Attorney equal to fifteen percent (15%) of the estimated cost of public facility installation. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the Planned Unit Development and shall be held by the Town for a period of two (2) years from the date of acceptance of the facilities by the Town. After such two (2) years, the deposit shall be refunded if no defects have developed. If defects have developed, within the two (2) year period, then the balance of such deposit shall be refunded after reimbursement to the Town for amounts expended in correcting defective facilities.
vii. Delinquent Taxes. A certificate shall be furnished from the appropriate county official that no delinquent taxes exist and that any and all special assessments constituting a lien on the whole or any part of the title have been paid.
viii. Covenants. Final agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the Planned Unit Development shall be recorded at the same time as the final Planned Unit Development Plan.
d. Recording of Final Plat. The final plat shall be recorded in accordance with the requirements of Lake County, Indiana.
e. Modifications. The Planned Unit Development project shall be developed only in accordance with the approved and recorded final plan and all supporting data. The recorded final plan and supporting data, together with all recorded amendments shall be binding on the applicants, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures in the Planned Unit Development set forth therein. Changes to the recorded Planned Unit Development shall be made in accordance with the following procedure:
i. Major Changes. Changes which alter the concept or intent of the Planned Unit Development, including changes in density, changes in the height of buildings, reduction of proposed open space, changes in total bedroom counts, changes in the development schedule, changes in the road standards, or changes in the final governing agreements, provisions or covenants, or other changes, may be approved only by submission and reconsideration of a new preliminary Planned Unit Development Plan and supporting data and following the preliminary procedure.
ii. Minor Changes. The Plan Commission may, in accordance with procedure established in their rules, approve minor changes in the Planned Unit Development which do not change the concept or intent of the development. Minor changes shall be any change not defined as a major change, at the discretion of the Plan Commission.
f. Conditions and Guarantees. Prior to the granting of any Planned Unit Development District, the Plan Commission may recommend such conditions and restrictions upon the establishment, design, location, lay-out, height, density, construction, aesthetics operation or other elements of the Planned Unit Development as deemed necessary for the protection of the adjacent area, and to secure compliance with the standards specified in this ordinance.
n. Special Use District. See section 10-155.
(Ord. No. 2007-33, 12-27-07; Am. Ord. No. 2015-12, 6-15-15)