A. PURPOSE, INTENT, AUTHORITY, AND APPLICATION.
1. Statement of Purpose. It is the purpose of this Section to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware, and such other improvements that are visible to the public and affect the physical development of land within the US 52 (Main Street) Corridor Overlay Zone District.
2. Statement of Intent. These standards are intended to promote high quality creative development that will combine imagination, innovation, and variety in the appearance of buildings and sites in the overlay zone. These standards are further intended to preserve and enhance property values and to promote the public health, safety, and welfare by providing for consistent and coordinated treatment of the property encompassed by the US 52 (Main Street) Corridor Overlay District.
3. Authority. Authority underlying creation of the US 52 (Main Street) Corridor Overlay Zone District are provided for in 36-7-4-201 et seq. and 36-7-4-601 et seq all acts amendatory or supplemental thereto.
4. Statement of Significance.
a. The US 52 (Main Street) corridor lies in the path of the outward growth of the Indianapolis Metropolitan Area and is expected to experience increasing pressures for commercial development in the future. Because the Hancock County Overlay Districts borders the Town of New Palestine it is necessary to make sure that the Town sets their own similar policies so that the town stays consistent with the county. This will ensure that the town is safeguarded from negative development that is otherwise restricted by the county.
b. The visibility and accessibility of the land within the corridor is unique and therefore commands the highest standards of development which stimulate substantial capital investments, encourage efficient land use, promote coordinated development, permit innovative site designs, establish development standards and preserves the integrity of the roadways within the corridor.
5. Title. This portion of the Zoning Ordinance shall be known as the US 52 (Main Street) Corridor Overlay Zone District of the Town of New Palestine and may be so cited and pleaded and shall be referred to herein as the US 52 (Main Street) Overlay Zone District.
6. Conflict, Severability.
a. If any portion of the US 52 (Main Street) Overlay Zone District is found to be in conflict with any other provisions of any zoning, building, fire, safety, or health ordinance of the Town of New Palestine, the provision which establishes the higher standard shall prevail.
b. If any section, subsection, sentence, clause or phrase of the US 52 (Main Street) Overlay Zone District or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction, the remainder of the US 52 (Main Street) Overlay Zone District, or the application of the provisions to other persons or circumstances is in effect and shall remain in full force.
7. Jurisdiction. This Section shall apply to the area of the Town of New Palestine, Indiana and within the corporate limits of the Town of New Palestine Plan Commission.
8. Application. This Section shall apply to all development in the Overlay Zone District excluding single family residential and agricultural structures, projects, or developments.
B. DEFINITIONS.
BOUNDARIES - Boundaries of the Overlay District are established as properties abutting the designated highway and thirty (30) feet from the edge of the designated highway as measured perpendicular from the nearest edge of the right-of-way.
FRONT YARD - That side of a lot, including any corner lot, which is closest to the right-of-way of any or all of the Corridor streets as hereinafter defined.
BUILDING FRONT - The side(s) of a building that parallels and is visible from the right-of-way of US 52 (Main Street) as hereinafter defined.
CORRIDOR GREENBELT - That portion of the front yard of a lot that is immediately adjacent and parallel to the existing or proposed right-of-way (whichever is greater) of US 52 (Main Street) having a minimum depth of thirty (30) feet from the street right-of-way line.
PERMITTED USES - All uses that are permitted in the underlying zoning districts shall be permitted in the US 52 Corridor Overlay Zone District.
SPECIAL USES - All special uses that are permitted (upon obtaining special use authorization) in the underlying districts shall be permitted in the US 52 Corridor Zone District.
FRONTLIKE FACADE - The exterior portion of a structure, which is not the front, but gives the appearance of a frontlike facade by the materials, used in construction, architectural style and detail.
INTERIOR PARKING - Those parking spaces located in the interior of a parking lot, which create definable parking aisles away from the periphery or edge of the lot.
PERIPHERAL PARKING - Those parking spaces located at the edge or periphery of a parking lot.
C. PLAN COMMISSION APPROVAL.
Approval by the Plan Commission or its duly appointed or designated representative shall be required for any proposed or revised development plan or structure or structural alteration in the US 52 (Main Street) Corridor Overlay Zone. Plan Commission approval of the architectural design, landscaping, drainage, sewerage, parking, signage, lighting, and access to the property shall be necessary prior to: (1) the establishment of any use of the land; (2) the issuance of any improvement location permit: (3) the erection, construction or structural alteration of any building(s) in the US 52 Corridor Overlay Zone District; or (4) modification or revision of any site development plan. The Plan Commission, in reviewing applications, shall examine factors concerning the site, site plan, and the surrounding area, which include but are not limited to the following items:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and existing land use;
4. Streets, curbs and gutters, and sidewalks;
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
8. Internal site circulation;
9. Special and general easements for public or private use;
10. Noise, smoke and odor;
11. On site and off site surface and subsurface storm and water drainage;
12. On site and off site utilities;
13. The means and impact of sanitary sewage disposal and water supply technique;
14. Dedication of streets and rights-of-way;
15. Protective restrictions or covenants and/or recorded commitments;
16. Provisions for adequate and acceptable setbacks, lighting, signage, screening, landscaping, and compatibility with existing platted residential uses; and
17. Any effects the proposed project may have on the entire US 52 (Main Street) Overlay Zone District.
D. BUILDING DESIGN STANDARDS.
1. General Standards:
a. All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding area.
b. The quality of design goes beyond the materials of construction to include scale, mass, color, proportion, and compatibility with adjoining developments.
c. Colors shall be harmonious and only the use of compatible accents shall be permitted.
d. Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.
e. Any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.
f. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and sitting shall be used to provide visual interest. In multiple building projects, variable sitting or individual buildings may be used to prevent a monotonous appearance.
2. Architectural Design Requirements:
a. Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used in this Overlay Zone which abut or are adjacent to US 52 (Main Street). The Plan Commission or its duly appointed or designated representative may permit exceptions to this requirement on a case by case basis.
b. Building facades may be constructed from masonry or glass, as defined below or other materials or products, which provide the same desired stability and quality. The Plan Commission or its duly appointed or designated representative must approve products other than those listed below.
1. Masonry Construction: Which shall include all masonry construction which is composed of solid, cavity, faced, or veneered wall construction, unless otherwise approved by the New Palestine Plan Commission or its duly appointed or designated representative.
a. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all weather stone. Ashlar, cut stone, and dimension stone construction techniques are acceptable.
b. Brick material used for masonry construction shall be composed of hard fired (Kiln-fired) all weather standard size brick or other all weather facing brick.
c. Concrete finish or precast concrete panel (tile wall) construction shall be exposed aggregate, bush hammered, sand blasted, or other concrete finish as approved by the Plan Commission or its duly appointed or designated representative.
2. Glass Walls: Which shall include glass curtain walls or glass block construction. Glass curtain walls shall be defined as an exterior wall, which carries no floor or roof loads, which may consist of a combination of metal, glass, and other surfacing material, supported in a metal framework.
c. The materials and finishes of exposed roofs shall compliment those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from five (5) feet above ground level of a corridor road.
d. Roof mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
e. All building mechanical and electrical equipment located adjacent to the building and visible from a public thoroughfare or a residentially zoned or used area shall be screened from view. Such screens and enclosures shall be treated as an integral element of the building's appearance.
f. The exposed walls and roofs of buildings shall be maintained in a clean, orderly, and attractive condition, free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or otherwise deteriorated shall be refinished, repainted, or replaced.
g. Refuse and waste removal areas, loading berths, service yards, storage yards, and exterior work areas shall be screened from view from public ways.
h. All accessory building shall be constructed with materials that are similar and compatible with materials used in the principal structure.
3. Relationship of Buildings to Site:
a. The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and parking area.
b. Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.
c. Parking areas shall be treated with decorative elements, building wall extensions, plantings, berm, or other innovative means so as to attractively landscape and/or screen parking areas from view from public ways.
d. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
e. Newly installed utility services and service revisions necessitated by exterior alterations shall be underground.
4. Building Orientation. All structures shall be sited to front onto Corridor Greenbelt (as herein defined) or give the appearance of a front like facade on Corridor Greenbelts.
5. Minimum Building Height. All uses shall have a minimum building height of fourteen (14) feet with a minimum of seven (7) feet to the lowest eaves for a building with a gable, hip, or gambrel roof.
6. Minimum Gross Floor Area. All non-residential buildings shall have a minimum of two thousand (2,000) square feet of floor area, excluding the floor area of any basement or any accessory building(s). The Plan Commission or its duly appointed or designated representative may make exceptions to this requirement on a case by case basis. Accessory buildings shall not be used in the computation of floor area. Accessory buildings permitted need not meet the minimum floor requirement.
F. SIGNAGE STANDARDS.
1. Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials, and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
2. All signs, except private directional signs, are prohibited in the required greenbelt areas.
3. Private directional signs and pavement markings for the direction and control of traffic into, out of, and within the site shall conform to the Manual on Uniform Traffic Control Devices as published by the Indiana Department of Highways.
4. The integration of project signage to identify multiple businesses is encouraged.
5. Off premise signage shall be prohibited in the US 52 (Main Street) Corridor Overlay Zone District.
6. All on premise signage shall conform to the standards and requirements of the underlying districts except that individual pole signs shall not be permitted in the US 52 (Main Street) Corridor Overlay Zone District.
7. In the US 52 (Main Street) Corridor Overlay Zone District:
a. Pole signs are not permitted in the Overlay Zone District.
b. In no instance shall signs for multiple businesses, strip commercial centers or strip business centers exceed two hundred (200) square feet of copy area.
8. Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.
9. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
10. Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.
11. Identification signs of standardized design such as corporation logos shall conform to the criteria of all other signs.
12. The Plan Commission or its duly appointed or designated representative may make exceptions to these development standards on a case by case basis.
13. No portable or flashing signs shall be permitted in the overlay district.
G. LANDSCAPING PLAN.
1. A landscaping plan shall be submitted to the Plan Commission for its approval at the same time other plans (such as architectural design, lighting, parking, signage, and site plans) are submitted. This plan shall be drawn to scale, including dimensions and distances, shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, driveways, signs, lighting standards, steps and other similar structures, and shall delineate the location, size, and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.
2. Areas to be Landscaped:
a. Greenbelt. The Greenbelt shall be suitably landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards, and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.
b. Planting Adjacent to Free Standing Buildings. A planting area equal to an area measuring five (5) feet in depth by the width of the front of the building plus five (5) feet (to extend to out on both sides) shall be installed at the front of the building. A planting area equal to an area five (5) feet in depth by the remaining sides of the building shall be installed on all other sides of the building. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, and innovative and original designs are encouraged. The adjacent planting area at the rear of a structure may be excluded if that structure is located less than forty (40) feet from the rear property line and sufficient peripheral planting is included to compensate for its removal.
c. Sidewalks may be permitted in the landscape areas, but shall not occupy the entire area on any side of the building.
d. Peripheral Planting. A peripheral landscaping strip, four (4) feet in depth, shall be installed along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district. At least one tree for each fifteen (15) lineal feet shall be planted in any such peripheral landscaping strip.
e. Planting Within Parking Lots. All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less than five percent (5%) of a private parking lot shall be landscaped. (For purposes of this computation, landscaping in: (1) the Greenbelt; (2) adjacent to buildings; and (3) on the periphery of the lot shall not be included. Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation isles within parking lots.)
3. Landscaping Standards.
a. The interior dimensions, specifications, and design of any planting area or planting medium proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.
b. The primary landscaping materials used in the Greenbelt and adjacent to buildings shall consist of one or a combination of the following: shade trees, ornamental trees, shrubs, ground covers, grass, mulches, and the like.
c. The primary landscaping materials used in and around private parking areas shall be trees, which provide shade at maturity. Shrubbery, hedges, and other planting material may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping.
d. All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight (8) feet in overall height and have a minimum trunk diameter, twelve (12) inches above the ground of two (2) inches upon planting. They should be of a variety which will attain an average mature spread greater than twenty (20) feet.
e. Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan. Plant material shall be selected for interest in its structure, texture, and other hardy plants that are harmonious to the design and of good appearance shall be used.
f. The landscaping plan shall ensure that sight distances are not obstructed for drivers of motor vehicles.
g. Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to good appearance.
h. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.
i. Landscape treatment shall be provided to enhance architectural features, strengthening vistas and important axis, and provide shade. Spectacular effects shall be reserved for special locations only.
j. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.
k. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices.
l. Where building sites limit planting, the placement of trees along interior roads, drives or paved areas is encouraged and the tree spread shall be a minimum of four (4) feet.
m. Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer.
n. In areas where general planting will not prosper, other materials such as fences, walls, and pavings of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.
o. Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be consistent, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.
p. Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings, and signs.
4. Landscaping Installation and Maintenance.
a. Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a building occupancy permit if said permit is issued during a planting season or within six (6) months of the date. If issued during a non-planting season then a performance bond shall be posted for the cost of the planting(s) and planting must take place within six (6) months of approval.
b. Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Section and as indicated on the landscaping plan, which has been approved by the Plan Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
c. Changes after Approval. No landscaping which has been approved by the Plan Commission may later be altered, eliminated, or sacrificed, without first obtaining further written Plan Commission approval.
d. Inspection. The Plan Commission, Zoning Administrator, or their duly appointed representative, shall have the authority to visit any lot within US 52 (Main Street) Overlay Zone District to inspect the landscaping and check it against the approved plan on file.
F. PARKING REQUIREMENTS.
Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. The number of parking spaces required are as established in Sections 1.04 and 1.05 of the New Palestine Zoning Ordinance, depending upon the zoning and the intended land use. Alternatives to the established parking requirements may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces. The applicant shall provide expertly prepared justification for seeking such exceptions. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall be of sufficient width (minimum of twelve (12) feet) to accommodate their needs.
G. LIGHTING REQUIREMENTS.
In reviewing the lighting plan for a lot proposed to be developed in the US 52 (Main Street) Corridor Overlay Zone District, factors to be considered by the Commission shall include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Possible light spillage or glare onto adjoining properties or streets. (Down-shielding is encouraged and spillage or glare onto adjoining properties is prohibited.)
4. Attractiveness of the lighting standards and their compatibility with the overall treatment of the property.
5. Height and placement of lighting standards considering the use.
6. Exterior lighting, when used, shall enhance the building design and the adjoining landscape.
7. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas.
8. Lighting shall be restrained in design and excessive brightness avoided.
H. ACCESS TO INDIVIDUAL SITES.
The "Corridor" streets by their functional nature as primary thoroughfares must have reasonable restrictions as to the number and location of access points within the overlay zone.
Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity to the corridor's primary thoroughfares, in many cases frontage roads, access roads, and distributors roads will have to be built.
Such roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the corridors shall be coordinated with existing access points whenever possible. The following curb cut policy shall apply throughout the US 52 (Main Street) corridor.
Curb Cuts - no more than (1) for every one-hundred and fifty (150) feet of frontage, a minimum of one driveway cut shall be provided for each lot. No curb cuts within fifty (50) feet of any intersection of public roads. Opposing curb cuts shall align squarely or be offset no less than fifty (50) feet.
I. ACCESS TO POTENTIAL DEVELOPMENT SITES.
Stub streets shall be built in all cases where adjacent lots have reasonable potential for development. Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcels determined by the Plan Commission.
J. OTHER STANDARDS.
1. Outside Storage Prohibited. No outside, unenclosed storage of refuse or recyclable material (whether or not in containers) or display of merchandise shall be permitted on any lot. All refuse or recyclable material shall be contained completely within the principle or accessory building(s) or screened from view by an appropriate enclosure. The Plan Commission or its duly appointed or designated representative may make exceptions to this requirement on a case by case basis.
2. Loading Berth Requirements. Loading berth requirements shall be as specified in the underlying zone district(s), except that any loading or unloading berth or bay shall be solidly screened from view beyond the site by landscaping or other screening effective all year long.
3. Accessory Buildings and Uses. All accessory buildings and uses which are permitted in the underlying zoning district(s) shall be permitted within the US 52 (Main Street) Corridor Overlay Zone District, except that any detached accessory building on any lot shall be architecturally compatible with the principle building(s) with which it is associated. All accessory buildings shall have a roof.
4. Paving Requirements. All parking areas shall be finished with a hard surface such as asphalt or concrete.