§ 159.109  SPECIAL DISTRICTS.
   (A)   Flood Hazard (FH) District.
      (1)   Purpose.  The purpose of the Flood Hazard (FH) District is to guide development in the flood hazard areas to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas. This chapter applies to all SFHAs and known flood prone areas within the jurisdiction of the City of Noblesville, Indiana. The district boundaries are defined by the boundaries of "The Flood Insurance Study for Hamilton County, Indiana, and Incorporated Areas" and includes the Floodplain, Floodway, and Floodway Fringe located within the planning and zoning jurisdiction of the City of Noblesville, Indiana. The flood hazard areas of the City of Noblesville are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the development and uses in flood hazard areas which are vulnerable to flood or hazardous to other lands because they are inadequately elevated or flood-proofed or otherwise unprotected from flood damage. No structure shall from this point forward be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this part and other applicable regulations. No land or stream within the SFHA shall be altered without full compliance with the terms of this chapter and other applicable regulations. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the City of Noblesville hereby adopts the following floodplain management regulations in order to accomplish the following:
         (a)   Protect human life and health from the hazards of flooding;
         (b)   Prevent unwise developments from increasing flood or drainage hazards to others;
         (c)   Minimize expenditure of public money for costly flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations;
         (d)   To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas;
         (e)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
         (f)   Control filling, grading, dredging, and other development which may increase erosion or flood damage;
         (g)   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands;
         (h)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
         (i)   Minimize prolonged business interruptions;
         (j)   Minimize damage to public facilities and utilities including streets and bridges located in floodplains;
         (k)   Ensure that potential homebuyers are notified that property is in a flood prone area;
         (l)   Make federally subsidized flood insurance available for structures and their contents by fulfilling the requirements of the National Flood Insurance Program.
      (2)   Basis for establishing regulatory flood data.  This chapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed below.
         (a)   The regulatory flood elevation, floodway, and fringe limits for the studied Special Flood Hazard Areas (SFHAs) within the jurisdiction of the City of Noblesville shall be delineated on the 1% annual chance flood profiles in the Flood Insurance Study (FIS) of Hamilton County, Indiana, and Incorporated Areas dated November 19, 2014 and the corresponding Flood Insurance Rate Map (FIRM) dated November 19, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
         (b)   The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs delineated as a "Zone A" on the FIRM of Hamilton County, Indiana and Incorporated Areas prepared by the Federal Emergency Management Agency and dated November 19, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.
         (c)   For the SFHAs of those parts of unincorporated Hamilton County that are within the extraterritorial jurisdiction of the City of Noblesville or that may be annexed into the City of Noblesville:
            1.   The regulatory flood elevation, floodway, and fringe limits of studied streams shall be as delineated on the 1% annual chance flood profiles in the FIS of Hamilton County, Indiana, and Incorporated Areas dated November 19, 2014 and the corresponding FIRM prepared by the Federal Emergency Management Agency and dated November 19, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
            2.   If the SFHA is delineated as "Zone A" on the Hamilton County, Indiana, and Incorporated Areas FIRM, prepared by the Federal Emergency Management Agency and dated November 19, 2014, the regulatory flood elevation, floodway, and fringe limits shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.
         (d)   In the absence of a published FEMA map or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
         (e)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
         (f)   The FH zoning district is established based upon the boundaries of the Special Flood Hazard Areas as shown on the FIRM for Hamilton County, Indiana, and Incorporated Areas.
         (g)   Discrepancy between mapped floodplain and actual ground elevations.
            1.   In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
            2.   If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
            3.   If the elevation (natural grade) of the site in question is above the base flood elevation and not located within the floodway, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a Letter of Map Amendment (LOMA).
      (3)   Administration. 
         (a)   The Director of Planning (or his designee) shall be the Floodplain Administrator charged with the administration and implementation of the provisions of this chapter.
         (b)   The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
            1.   Review all floodplain development permits to assure that the requirements of this chapter have been satisfied.
            2.   Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations.
            3.   Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.
            4.   Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to § 159.109(A)(12)(a) and § 159.109(A)(12)(c)1., and maintain a record of such authorization with either a copy of the permit/authorization of floodplain analysis/regulatory assessment.
            5.   Ensure that all necessary federal or state permits have been received prior to issuance of the local permit. Copies of such permits/authorizations are to be maintained on file with the local permit.
            6.   Maintain and track permit records involving additions and improvements to residences located in the floodway.
            7.   Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.
            8.   Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this chapter.
            9.   Utilize and enforce all LOMC or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.
            10.   Assure that maintenance is provided within the altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished.
            11.   Review certified plans and specifications for compliance.
            12.   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 159.109(A)(5)(d) and (e).
            13.   Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with § 159.109(A)(11)(n)4.
            14.   Post stop work orders and/or revoke permits for construction, erection, alterations, repair, moving, demolition, installation, or replacement not in conformity with the provisions of this chapter. In addition to nonconformity, a permit may be revoked where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
            15.   Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain development requirements have been satisfied. The first inspection shall be upon the establishment of the Flood Protection Grade reference mark at the development site; the second upon the establishment of the structure's lowest floor; and the final inspection upon completion and submission of the required finished construction elevation certificate.
         (c)   The administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose. In addition to the provisions for appeals contained in §§ 159.040 et seq., the provisions of this § 159.109(A) shall be applied in the following manner for the interpretation and application of provisions:
            1.   Considered as minimum requirements;
            2.   Liberally construed in favor of the governing body; and
            3.   Deemed neither to limit nor repeal any other powers granted under state statutes.
      (4)   Approval procedures.
         (a)   Any alterations to sites and existing structures within the FH district must appear before the Board of Zoning Appeals for approval before any construction or alteration of the site may begin. The only exceptions to this requirement are those sites that are rezoned by the Plan Commission and Common Council to allow fill or cut and fill operations or additions to existing structures that do not increase the footprint of the structure and that are located above the BFE.
         (b)   The Board of Zoning Appeals shall hear and decide appeals and requests for variances from requirements of this chapter.
         (c)   No applicant shall proceed with any fill or cut and fill operations without receiving rezone approval from the Plan Commission and Common Council. See § 159.109(A)(8)(a) for further requirements.
         (d)   All projects shall be required to receive a building permit or improvement location permit prior to the beginning of any development on the project.
      (5)   Improvement Location Permit.
         (a)   No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining an Improvement Location Permit from the Director. The Director shall not issue an Improvement Location Permit if the proposed development does not meet the requirements of this chapter.
         (b)   The application for an Improvement Location Permit shall include all applicable information that is required by §§ 159.040 et seq. and Appendix B of this chapter.
         (c)   Upon receipt of an application for an Improvement Location Permit, the Director shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined.
            1.   If the site is in an identified floodway, the Director shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of I.C. 14-28-1, a permit from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, paving, and any other similar activities undertaken before the actual start of construction of the building. It does exclude non-substantial additions/improvements to existing, lawful residences in a non-boundary river floodway, per the requirements of I.C. 14-28-1-26, but if fill is needed to elevate the addition above the existing grade, a construction in the floodway permit is required. No action shall be taken by the Director until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Director may issue the local Improvement Location Permit, provided the provisions contained in § 159.109(A)(11) have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission.
            2.   If the site is located in an identified floodway fringe, then the Director may issue the local Improvement Location Permit provided the provisions contained in § 159.109(A)(11) have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade (FPG).
            3.   If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Director shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. No action shall be taken by the Director until either a permit for construction in the floodway or a floodplain analysis/regulatory assessment citing the 100-year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources.
            4.   Once the Director has received the proper permit or floodplain analysis/regulatory assessment approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from the Department of Natural Resources and the provisions contained in § 159.109(A)(11) have been met.
            5.   If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Director shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100-year elevation for the site. Upon receipt, the Director may issue the local Improvement Location Permit, provided the provisions contained in § 159.109(A)(11) have been met.
         (d)   Upon establishment/placement of the lowest floor, before framing continues, to include any approved floodproofing, it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same. Any work undertaken prior to submission of the floodproofing certification or elevation certificate shall be at the applicant's risk. The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted, and notify the applicant of any deficiencies. The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.
         (e)   Upon completion of construction, an elevation certification which depicts the "as-built" lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, floodproofing certification is required to be submitted by the applicant to the Floodplain Administrator.
      (6)   Permitted uses.  A complete listing of permitted uses is provided in Appendix C, Use Matrix. Certain permitted uses have special restrictions listed in § 159.109(A)(7) below.
      (7)   Uses permitted with restrictions.  The following uses are permitted in this district provided that they meet the restrictions below.
         (a)   Excavation.
            1.   Before any excavation is begun, there shall be a plan on file with and approved by both the Indiana Department of Natural Resources, if located within the floodway, and the Plan Commission for both excavation and reclamation activities.
            2.   Any excavation shall be carried on in such a manner so as not to disturb any land or properties immediately adjacent to the property on which the excavation is being accomplished. In particular, no excavation shall take place within 100 feet of the property line.
            3.   Any excavation shall be surrounded by a fence not less than seven feet in height.
            4.   No excavation shall take place by use of explosives.
      (8)   Prohibited uses.  The following uses are prohibited in this district.
         (a)   Cut and fill.  Cut and fill is prohibited within the Flood Hazard District. These regulations prohibit the placement of fill within the FH zoning district. However, in rare circumstances, when it is not possible to avoid fill within the floodplain the applicant may seek a waiver of the prohibition. The waiver of this prohibition must be received with a request to rezone the property, and both requests must be approved by the Plan Commission and City Council. No changes will be approved without compliance with the following requirements:
            1.   Compensatory storage is required for any fill, structure, or other material above the grade in the regulatory floodplain that temporarily or permanently displaces floodplain storage volume.
            2.   Compensatory storage must:
               A.   Be equal to at least three times the volume of flood storage lost below the 10-year and 100-year flood elevations.
               B.   Be operational prior to placement of fill, structures, or other materials temporarily or permanently placed in the regulatory floodplain.
               C.   Be provided in addition to the site detention volume.
               D.   Drain freely and openly to the waterway.
               E.   All regulatory floodplain storage lost below the existing ten-year flood elevation shall be compensated for below the proposed ten-year flood elevation.
               F.   All regulatory floodplain storage lost above the existing regulatory ten-year flood elevation shall be compensated for above the proposed ten-year flood elevation.
            3.   Compensatory storage is required for activities in the regulatory floodplain. There is no threshold to compensatory storage, any volume of fill requires compensatory storage be provided.
            4.   The compensatory storage requirement does not apply to floodproofing of an existing building where the floodproofing measures such as berms or floodwalls are within ten feet of the building, or crossing improvements where artificially created storage is lost due to a reduction in head loss.
            5.   Compensatory storage must be located onsite, adjacent to, or opposite the areas filled or occupied by a structure. In those rare instances when compensatory storage cannot be located adjacent to or opposite the areas filled or occupied, the applicant shall provide engineering computations demonstrating that hydraulically equivalent compensatory storage has been provided. These computations must show no increase in flood flows or flood depths will result as a result of the location of the proposed compensatory storage.
            6.   Compensatory storage must be constructed to drain freely and openly to the main watercourse. In some rare instances it may be necessary to install pipes to construct and/or operate a compensatory storage basin. This may occur when site constraints, such as a roadway or sidewalk, separate the waterway from the compensatory storage area.
         (b)   Fill.  Filling a property using materials from an outside source that does not provide an area of compensatory storage within the watershed is prohibited.
      (9)   Conditional uses.  Conditional uses are permitted when authorized by the Board of Zoning Appeals after a public hearing subject to § 159.042. The conditional uses that may be permitted are listed in Appendix C, Use Matrix. Certain conditional uses have special restrictions that are listed below. In the floodway no conditional use shall be granted by the Board of Zoning Appeals unless a permit for construction has previously been obtained from the Indiana Department of Natural Resources. The Board may impose greater restrictions than those required by the Indiana Department of Natural Resources.
         (a)   Campgrounds.
            1.   Approval must be obtained from the Indiana State Board of Health and from the Department of Natural Resources.
            2.   The size, procedure, design, installation, and maintenance for recreational campgrounds shall be provided for in § 159.106(G), Residential Mobile Home Park (RMH) District.
      (10)   Bulk requirements.  The bulk requirements that apply to the FH District shall be determined on a case-by-case basis by the Director of Planning and Development. The Director should take into account the standards for the adjoining zoning districts as well as the existing pattern of development in the immediate area of the construction when determining the setbacks.
      (11)   Development standards.  In all SFHA and known flood prone areas the following are required:
         (a)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
         (b)   Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement of the structure. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
         (c)   New construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage below the Flood Protection Grade (FPG).
         (d)   New construction and substantial improvement shall be constructed by methods and practices that minimize flood damage.
         (e)   Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
         (f)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
         (g)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
         (h)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
         (i)   No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade (FPG), unless such materials are stored in a flood proofed storage tank. The provisions of the Wellhead Protection Overlay District shall also apply and if found to be more restrictive than this section, shall supersede.
         (j)   Any alteration, repair, reconstruction, or improvement to a structure that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter.
         (k)   Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.
         (l)   Any alteration, repair, reconstruction, or improvement to a structure that is not in compliance with the provisions of this chapter shall be undertaken only if said non-conformity is not further, extended or replaced. Any structure in the SFHA that is not in compliance with the provisions of this chapter may not be altered, repaired, reconstructed, or improved unless such changes are in compliance with these regulations. The only exception to this is a repair or alteration that does not increase the footprint of the existing structure, and does not total more than 40% of the pre-repair fair market value.
         (m)   Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the structure below the BFE shall be compensated for and balance by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to three times the volume of storage lost due to the structure.
            1.   The excavation shall take place in the floodplain and on the same property in which the structure is located.
            2.   Under certain circumstances, to be determined by the Director, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be on the same property in which the structure is located, will be accessible to the regulatory flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled. In such instances, the Director shall prepare a document to be signed by the applicant and recorded against the deed for the property noting the restrictions on the compensatory storage area.
            3.   The excavation shall provide for true storage of floodwater, but shall not be subject to ponding when not inundated by floodwater.
            4.   The grading around the excavation shall be such that the excavated area is accessible to other regulatory floodwater.
            5.   The structure shall not obstruct a drainage way leading to the floodplain.
            6.   The structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.
            7.   Plans depicting the areas to be excavated shall be submitted prior to the start of construction or site work. Once site work is complete, but prior to the start of construction on any structure, the applicant shall provide the floodplain administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this subchapter.
         (n)   All structures located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
            1.   Construction or placement of any new structure having a floor area greater than 400 square feet.
            2.   Addition or improvement made to any existing structure:
               a.   Where the cost of the addition or improvement equals or exceeds 40% of the market value of the existing structure, excluding the value of land.
               b.   Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community's first floodplain ordinance.
               c.   Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damage condition equals or exceeds 40% of the market value of the structure, excluding the value of the land, before damage occurred.
               d.   Installing a travel trailer or recreational vehicle on a site for more than 180 days.
               e.   Installing a manufactured home on a new site or a new manufactured home on an existing site. This regulation does not apply to returning an existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.
               f.   Reconstruction or repairs made to a repetitive loss structure.
            3.   New construction or substantial improvement of any residential structure or manufactured home shall have the lowest floor, including the basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of subsection (o) below.
            4.   New construction or substantial improvement of any commercial, industrial, or non-residential structure shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided in accordance with the standards of subsection (o) below. Structures located in all "A Zones" may be floodproofed in lieu of being elevated if done in accordance with the following:
               a.   A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic pressures, and impacts from debris or ice. Such certification shall be provided to the floodplain administrator.
               b.   Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
         (o)   New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed area formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwater to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:
            1.   Provide a minimum of two openings located in a minimum of two exterior walls with a total net area of not less than one square inch for every one square foot of enclosed area.
            2.   The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher.
            3.   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
            4.   No opening shall have a dimension of less than three inches in any direction. This requirement applies to the hole in the wall, excluding any device that may be inserted, such as typical foundation air vent devices.
            5.   Access to the enclosed area shall be the minimum necessary to allow for parking vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
            6.   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
            7.   The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
            8.   The property owner shall be required to execute a flood openings/venting affidavit acknowledging that all openings will be maintained as flood vents, and that the elimination or alteration of the openings in any way will violate the requirements of this section. Periodic inspections will be conducted by the floodplain administrator to ensure compliance. The affidavit shall be recorded in the office of the Hamilton County Recorder, and a copy of the recorded document shall be presented to the floodplain administrator prior to the issuance of a certificate of occupancy.
            9.   Where the interior height of the enclosure exceeds six feet, the property owner shall execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor or the detached accessory structure shall not be improved, finished, or otherwise converted to a living space and the city will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the Hamilton County Recorder, and a copy of the recorded document shall be presented to the floodplain administrator prior to the issuance of a certificate of occupancy.
         (p)   A residential or nonresidential structure may be constructed on a permanent landfill in accordance with the following:
            1.   The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method, which shall be retained in the permit file.
            2.   The fill shall extend at least ten feet beyond the foundation of the building before sloping below the FPG.
            3.   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.
            4.   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
            5.   The top of the lowest floor including basement shall be at or above the FPG.
            6.   Fill shall be composed of clean granular or earthen material.
         (q)   Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:
            1.   Manufactured homes to be placed on a site outside a manufactured home park, in a new manufactured home park, expansion to an existing manufactured home park, or in an existing manufactured home park on which a manufactured home has incurred substantial damage as a result of a flood must meet one of the following requirements:
               a.   The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequate foundation system to resist flotation, collapse, and lateral movement.
               b.   Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures above.
               c.   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
            2.   Manufactured homes to be placed on a site in an existing manufactured home park that has not been substantially damaged by a flood:
               a.   The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
               b.   Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures above.
               c.   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
            3.   Recreational vehicles placed on a site shall either:
               a.   Be on site for less than 180 days; or
               b.   Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
               c.   Meet the requirements for manufactured homes as stated above.
         (r)   Relief from the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards:
            1.   Shall not be used for human habitation.
            2.   Shall be constructed of flood resistant materials.
            3.   Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.
            4.   Shall be firmly anchored to prevent flotation.
            5.   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.
            6.   Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures above.
         (s)   Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Those facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.
      (12)   Permit and data standards and requirements.
         (a)   Standards for identified floodway.  The floodway is an extremely dangerous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. If the site is an identified floodway, the floodplain administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under I.C. 14-28-1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, paving, and similar activities undertaken before the actual start of construction of the structure. These regulations will not apply to any use that is exempted from permitting requirements under the provisions of I.C. 14-28-1. No action shall be taken by the floodplain administrator until a permit or letter of authorization, when applicable, has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Upon receipt, the floodplain administrator may issue a local building permit provided the provisions of the local floodplain ordinance have been met. The local building permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, if the language of our floodplain ordinance has more restrictive regulations they shall take precedence. Within the floodway identified on the FIRM or engineering analysis:
            1.   No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven by hydraulic analyses.
            2.   For all projects involving channel modifications or fill (including levees) the applicant shall submit the data and request that the Federal Emergency Management Agency (FEMA) revise the regulatory flood data.
         (b)   Standards for identified fringe.  If the site is located in an identified fringe the floodplain administrator may issue the local building permit provided the provisions of this chapter have been met. The top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.
         (c)   Standards for SFHA without established base flood elevation and/or floodways/fringes:
            1.   If the drainage area upstream of the site is greater than one square mile the floodplain administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment. No action shall be taken until either the permit for construction in a floodway or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended FPG has been received from the Indiana Department of Natural Resources. Upon receipt, the floodplain administrator may issue a local building permit provided the provisions of this chapter have been met.
            2.   If the drainage area upstream of the site is less than one square mile the floodplain administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site. Upon receipt, the floodplain administrator may issue the local building permit provided the provisions of this chapter have been met.
            3.   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.10 of one foot and will not increase flood damage or potential flood damages.
         (d)   Standards for flood prone areas.  All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet applicable standards as required in the General Standards.
         (e)   If during the design stage it is determined that the FIRM is incorrect, then a Letter of Map Revision (LOMR) to correct the FIRM is to be filed with FEMA. No development will be allowed until an approved copy of the LOMR is received.
      (13)   Standards for subdivision proposals.
         (a)   All subdivision proposals shall be consistent with the need to minimize flood damage.
         (b)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
         (c)   All subdivisions proposals shall have adequate drainage provided to reduce exposure to flood hazards.
         (d)   Base flood elevation data shall be provided for subdivision proposals and other proposed development which includes either 50 lots or five acres.
         (e)   All subdivision proposals shall minimize development in the SFHA. All the property identified in the SFHA shall not be counted towards overall acreage when determining permitted density.
         (f)   All subdivision proposals shall ensure safe access into/out of the SFHA for pedestrians and vehicles, especially emergency responders.
      (14)   Nonconforming uses.  Uses legally existing in the FH District as of the effective date of this chapter shall be considered legal nonconforming uses and shall be subject to the following:
         (a)   No nonconforming use in the FH District and located in an identified floodway may be altered or enlarged without a permit for construction in a floodway from Natural Resources.
         (b)   A nonconforming use in a FH District may be altered, enlarged, or extended, on a one time only basis, provided such alteration, enlargements, or extensions do not increase the value of the building or structure, excluding the value of land, by more than 40% or its pre-improvement market value, unless such building or structure is permanently changed to a conforming use.
         (c)   Any nonconforming use in the FH District which is damaged by flood, fire, explosion, Act of God, or the public enemy may be restored to its original dimensions and conditions, provided the cost of the repair does not exceed more than 40% of the pre-damage assessment, excluding the value of the land.
         (d)   Such uses may be granted variances subject to § 159.043(C),Variances, but may require additional notice requirements beyond those required for uses in other districts.
      (15)   Increased Cost of Compliance (ICC).  In order for buildings to qualify for a claim payment under ICC coverage as a "repetitive loss structure" the National Reform Act of 1994 requires that the building be covered by a contract for flood insurance and incur flood related damages on two occasions during a ten year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the building at the time of each such flood event.
      (16)   Warning and disclaimer of liability.  The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the City of Noblesville, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
      (17)   Violations.  Failure to comply with the provisions of this chapter, obtain a permit, comply with the requirements of a permit, or conditions of a variance will be considered a willful act to increase flood damages. The owner will be notified by the Planning Department that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. In addition, the owner is in violation of the provisions of this chapter and therefore subject to the penalties and provision of § 159.999.
   (B)   Zero Lot Line (ZLL) Overlay.
      (1)   Purpose.  The purpose of the ZLL Zero Lot Line District is to accommodate this unique form of development for smaller families and affordable living as recommended by the Comprehensive Plan.  ZLL Districts may be appropriate in developed areas and for unusual parcels, as further described below.  There is no guarantee that approval of a ZLL development will be granted.  The Commission may deny a ZLL request that is not consistent or compatible with the surrounding uses and/or that the health, safety, or general welfare of the immediate neighborhood or community is at risk.  The principal purposes of the Zero Lot Line (ZLL) District are:
         (a)   To support a more efficient use of land, as compared with the typical single family development, making available needed housing at a more affordable cost;
         (b)   To encourage the design of dwellings that integrate and relate internal-external living areas resulting in more pleasant and enjoyable living facilities; by placing the dwelling against one of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit;
         (c)   To promote scattered ZLL developments and not to isolate all ZLL in a single area;
         (d)   To utilize ZLL to infill existing areas.
      (2)   Location.
         (a)   District in Which Permitted.  A Zero Lot Line development district (ZLL) for one-family dwellings only, may be permitted in the R-1, R-2, R-3, R-4, and R-5 districts as an overlay district if approved by the Plan Commission and Common Council following a public hearing subject to § 159.044.
         (b)   Other Locational Criteria.  In addition to division (B)(2)(a) of this section, the location of Zero Lot Line developments shall be guided by the following criteria.  Such districts shall:
            1.   Be located in an urbanized area where sanitary sewer service and public water supply is available;
            2.   Provide common open space on site for the occupants of the project or to contribute land or fees in lieu of land to the governmental unit of jurisdiction;
            3.   Provide landscaping not normally provided in conventional residential developments;
            4.   Be located on sites no more than ten acres; provided, however, that larger ZLL developments may be allowed provided recreational facilities are included within the development.
      (3)   Uses.
         (a)   Single Family Detached Dwellings on individually platted lots shall be permitted.
         (b)   All dwelling units shall have at least a one car attached garage.
         (c)   Detached accessory structures of any kind shall not be permitted.
         (d)   Carports and utility storage structures shall be permitted accessory uses if connected to the principal structure and the required side and rear setbacks are followed.
         (e)   Fencing, walls, trellises, and other similar uses may be used as connecting elements between one-family dwellings on adjacent lots, subject to Site Plan Review.
      (4)   Bulk Requirements.
         (a)   Minimum Tract Sizes.  The minimum tract size shall be five acres.  Usable or buildable space of any individual tract shall be 75% of the total tract area.  (Lake areas may be included in the required tract sizes; however, the lake area will not be included in determining buildable tract size.)
         (b)   Maximum Density and Dwelling Unit Size.  The maximum density is based upon which district the Zero Lot Line project is proposed.  In the R-1 district, 4.48 units per acre are permitted; in the R-2 district, 5.35 units per acre; in the R-3 district, 6.05 units per acre; in the R-4 and R-5 districts, 7.25 units per acre are permitted.  Arrangement of the units is somewhat flexible, however, no individual lot may be smaller than 5,000 square feet.  Private streets, open spaces, recreation areas or bodies of water shall not be used in calculating the net lot area.  Dwelling unit sizes shall be similar to the adjacent development but in no instance less than required by the base zoning district.
         (c)   Lot Width.  The minimum lot width for one-family dwellings shall be 40 feet, except for corner lots where the minimum lot width shall be 50 feet.
         (d)   Setbacks.
            1.   Front Yard or Corner Side Yard.  All dwelling structures shall be set back a minimum of 20 feet from the property line.
            2.   Rear Yard Adjacent to other ZLL Development.  There shall be a minimum rear setback of ten feet.
            3.   Interior Side Yard Adjacent to other ZLL Development.  The dwelling unit shall be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet, excluding the connecting elements such as fences, walls, and trellises.  Patios, pools, garden features and other similar elements shall be permitted within the ten foot setback area, provided, however, no structure with the exception of fences or walls, shall be placed within easements required by § 159.082(B).  No zero yard is allowed against a perimeter yard or against a public right-of-way.
            4.   Side or Rear Yard Adjacent to Conventional Development.  Where a ZLL development is adjacent to a conventional subdivision, no structure shall be closer than 25 feet to the adjacent lot line.
         (e)   Maximum Lot Coverage.  The total lot coverage permitted for all buildings on a site shall not exceed 50% of the lot area, including accessory uses.
         (f)   Building Height.  The maximum building height shall not exceed two stories and 35 feet in height.
      (5)   Procedure for a ZLL District.
         (a)   Application.  Applications for a Zero Lot Line Development shall be filed in accordance with the requirements of § 159.040.
         (b)   Site Plan Review.  Applications for a Zero Lot Line Development shall be subject to site plan review pursuant to § 159.041.  The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and insure the congruity of the proposed development and its compatibility with the surrounding area.
         (c)   Site Plan Review Criteria.  The following criteria shall be considered for the Site Plan review of ZLL Districts:
            1.   Planning Studies.  Planning studies approved by the Plan Commission that include development patterns or environmental and other design criteria shall be utilized in the plan review process.
            2.   Definition of Private Outdoor Living Spaces.  The Zero Lot Line unit shall be designed to integrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas.
            3.   Landscape.  Landscape shall be preserved in its natural state insofar as is practical by minimizing removal of existing vegetation. Landscaping shall be used to shade and cool, direct wind movements, enhance architectural features, relating structure design to the site, visually screen non-compatible uses, and ameliorate the impact of noise.
            4.   Buffers.  Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided.
            5.   Energy Conservation.  Design methods to reduce energy consumption is encouraged.  Energy conservation methods may include, but not be limited to, natural ventilation of structures, siting of structures in relation to prevailing breezes and sun angles, insulation of structures, use of landscape materials for shade and transpiration, and orientation of breezes.
            6.   Graphics.  Outdoor graphics shall be designed as an integral part of the overall design of the project.
            7.   Visual Access.  Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway.  Dwelling units on corner lots shall be so situated and set back as to provide unobstructed visual clearance at a roadway intersection.
            8.   Private Open Space.  Open space intended for the private use of each individual dwelling unit should be so located and designed as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units.
            9.   Trash Containers.  Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors.
            10.   Visual monotony created by excessive block lengths shall be avoided.
         (d)   Commencement of Development.  Development may not commence until after final approval of the Technical Advisory Committee (TAC) is received.  If development is not commenced within 12 months from the date of approval of a site development plan, the approval thereof shall become null and void and the same may not be developed in accordance with said plan; provided, if development is permitted in stages, subsequent stages may be commenced within 18 months after the completion of the previous stage; otherwise, such subsequent stage may not be developed in accordance with the previously approved plan and such approval shall be null and void.  Commencement of construction shall include but not be limited to active and continuous road improvement, excavation, grading and leveling, installation of utilities and the like.
      (6)   Additional Requirements.
         (a)   Platting Requirements.  Each dwelling shall be located on its own individual platted lot.  If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in division (B)(6)(e) of this section.  The plat shall indicate the zero lot lines and easements appurtenant thereto.
         (b)   Openings Prohibited on Zero Lot Line Side.  The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of openings, provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line.  Said wall shall be constructed of the same material as exterior walls of the unit.
         (c)   Maintenance and Drainage Easements.  A perpetual four foot wall maintenance easement shall be provided on the lot adjacent to the zero lot property line, which, with the exception of walls and/or fences, shall be kept clear of structures.  This easement shall be shown on the plat and incorporated into each deed transferring title to the property.  The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners.  Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that the water runoff from the dwelling placed on the lot line is limited to the easement area.
         (d)   Trees.  Yard trees shall be provided on the basis of three trees for each platted lot. In addition, street shade trees shall be provided along each side of the roadways at a minimum spacing of 40 feet on center for private roads. In case of developments with public roads, the trees may be placed on private lots in lieu of the public right-of-way provided the 40 foot spacing and the rowing of trees are maintained.  This shall be in addition to the three trees required for each platted lot.  Existing trees shall be preserved to the maximum extent practical and shall count towards meeting the total tree requirements.  Removal of any existing trees shall be in accordance with the approval directives of the Plan Commission.
         (e)   Common Open Space and Maintenance of Facilities.  Common open space is not always required, unless the development is larger than ten acres in size, see § 159.121(A), but is permitted and encouraged.  Where the development is larger than ten acres, the required open space shall include a recreational area consisting of at least two of the following:
            1.   A playground area with equipment;
            2.   A tennis court;
            3.   A basketball court;
            4.   A swimming pool.
Where common open space is provided, provisions satisfactory to the Plan Commission shall be made to assure that non-public areas and facilities for the common use of occupants of Zero Lot Line development shall be maintained in a satisfactory manner, without expense to the general taxpayer of the city or its zoning jurisdiction.  Such may be provided by the incorporation of an automatic membership home association for the purpose of continually holding title to such non-public areas and facilities and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space.
Such assessments shall be a lien superior to all other liens save and except tax liens and first mortgage liens, which are amortized in monthly or quarter annual payments over a period of not less than ten years.  Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers.  The instrument incorporating such provisions shall be approved by the Plan Commission Attorney as to form and legal sufficiency, before submission to the Board of Public Works and Safety or the County Commissioners, and it shall be recorded in the public records of Hamilton County, if satisfactory to the Board of Works or the County Commissioners.
         (f)   Drainage.  On-site storm water detention or retention is mandatory, but facilities may be shared.
   (C)   Historic Preservation (HP) Overlay District.
      (1)   Purpose.  The purpose of the Historic Preservation Overlay District (HPO) is to further the purposes of this chapter and of the Comprehensive Plan by preserving buildings which are important to the education, culture, traditions and economic values of the city and to the rehabilitation, conservation and redevelopment of the Downtown District, and to afford the city, interested persons, historical societies, or organizations the opportunity to acquire or to arrange for the preservation of such buildings.
This chapter promotes the conservation, protection, restoration, rehabilitation, use, and overall enhancement of historic structures, sites, and districts within the city and provides regulatory protection to areas of the city that compliments, but does not supersede the contents of the underlying zoning district.
      (2)   District Requirements.  The permitted and conditional uses and bulk regulations for all Historic Preservation Overlay Districts shall be pursuant to the underlying zoning district.  Any application for new construction, additions, or alterations of a structure in an Historic Preservation Overlay District must complete a site plan review process as described in § 159.041.
      (3)   Procedure for HPO District.  A Historic Preservation Overlay District may be created by either of the following means.
         (a)   The Common Council may designate an area as an Historic Preservation District upon the recommendation of the Plan Commission, following the adoption of a study delineating the historic resource area.
         (b)   The petition by more than 50% of the property owners in a proposed district shall cause the Common Council to consider an overlay for the area petitioned, pursuant to § 159.044.
      (4)   Site Plan Review Criteria.  The following criteria shall be considered for any Site Plan Review in the HPO District:
         (a)   Massing.  The massing of the building shall be regulated by the Floor Area Ratio standards found in the underlying zoning district.
         (b)   Height.  The height of a proposed building shall be regulated by the underlying zoning district.
         (c)   Proportion of building’s front facade.  The relationship of the height of a building to its width at the front elevation shall be the same as currently exists within the district.
         (d)   Proportion of openings within the structure.  The width of a window and its height shall match that currently existing within the district.
         (e)   Rhythm of buildings along street.  The relationship of a building to open space between it and adjoining buildings shall be visually compatible to the buildings currently existing within the district.
         (f)   Porches, entrances, and porch projections.  In districts where porches, door platforms or steps, exterior stairs or decks, or roof-walks and platforms are a characteristic element of building design, these must be incorporated into the new design.  Porches must be at least four feet deep.  A projection less than four feet in depth will be considered a door platform.
         (g)   Materials and Texture.  The materials and textures used in the design must be the same as those that predominate in the district.  This applies to roofs, wall surfaces, and foundations.
         (h)   Roof Shapes.  The roof shape of a building must be that which predominates in the district.  This shall apply to the shape, pitch, overhang, dormers, skylights, and chimneys.
         (i)   Trims and Miscellaneous Details.  The trim and miscellaneous details of a building must be that which predominates in the district.  This shall apply to the trim, gutters and leaders, louvers, vents, house lights, and public utilities.
         (j)   Garages, other accessory buildings.  In residential districts, all garages must be detached and located at the rear property line.
      (5)   Demolition.  Upon the receipt of an application for the demolition of any structure within an Historic Preservation Overlay District, the Director of Planning and Development will send public notice to the property owners within the district and to the Indiana Historic Preservation Agency.
   (D)   Planned Development (PD) Overlay Districts.
      (1)   Purpose.  This district is intended to provide flexibility in specific locations for development which is in the public interest and would not otherwise be permitted pursuant to this chapter.  Such flexibility is provided to achieve certain comprehensive plan policies, accommodate rapid changes in design and technology in the construction industry, and address new and varied demands in the housing and commercial markets, all in a manner that will be consistent with the objectives of the City and the Townships.  This district is further intended to:
         (a)   Encourage a more creative approach in land and building site planning.
         (b)   Encourage an efficient, aesthetic, and desirable use of open space.
         (c)   Promote variety in the physical development pattern of the community.
         (d)   Achieve flexibility and provide incentives for development which will produce a wider range of choice in satisfying the changing urban needs.
         (e)   Encourage renewal of older areas where new development and restoration are needed to revitalize the area.
         (f)   Permit special consideration of property with unique features, such as historical significance, unusual topography, landscape amenities, size, and shape.
         (g)   Recapture bypassed land so poorly planned and developed as to be a public liability.
         (h)   Simplify processing of development proposals for developers and the Commission by providing for concurrent review of land use, subdivision, public improvements, and site considerations.
      (2)   Applicability.  The provisions of this section shall only apply to new development proposals.  It shall not apply to any Planned Development Plan which is now fully or partially developed, nor to any such development for which a final authorization has been granted pursuant to a previous ordinance, provided, however, that a petitioner may, upon application and approval of the Commission, become subject to all the benefits and requirements of this section, subject to such rights as shall have vested in the owners of the area affected by development under said ordinance.
      (3)   Limitations on Flexibility of Planned Developments.  It is not intended that the city automatically grant the initial plan of development proposed by a petitioner.  The City Plan Commission shall approve only such plans of development which are consistent with the public benefits resulting from the planned development.  Therefore, the City Plan Commission may require as a condition of approval and subsequent amendment of the zoning map, any reasonable condition, limitation or design factor which will promote proper development of a Planned Development.
      (4)   Classes of Planned Development Districts and Uses Permitted.  This chapter provides for the following four classes of Planned Development Districts:
         (a)   To designate a parcel of real property as a Planned Development (PD) including the underlying zoning district;
         (b)   To specify uses or a range of uses permitted in the Planned Development District;
         (c)   To specify development requirements in the Planned Development District;
         (d)   To specify the documentation including an overall plan and supporting documents;
         (e)   To specify any limitation(s) applicable to the Planned Development District; and
         (f)   To specify any variation(s) from the underlying zoning district requirements.
      (5)   Minimum Size of District.  No district shall be established unless it contains the minimum area specified below:
         (a)   Residential Planned Development: Five acres.
         (b)   Mixed Use Planned Development: Ten acres.
         (c)   Commercial Planned Development: Three acres.
         (d)   Industrial Planned Development: Five acres.
      (6)   Development Standards.  A proposed Planned Development Plan shall be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design, and must provide standards of open space, efficiency in street patterns, and areas for parking adequate for the occupancy proposed, or equal to the requirements of this chapter.  It must also provide for a development density and related bulk and coverage characteristics in keeping with the requirements of the comprehensive plan and reflecting that of the base zone that contains the land subject to rezoning as a particular Planned Development.
         (a)   Establishment of Site Development Intensity.
            1.   Before approval of a Preliminary Planned Development Plan, a detailed determination of land use intensity shall be declared.
            2.   Except as otherwise provided below, the development standards for lots in a PD may be varied from one another and from that allowed by the underlying base zone, provided that the density of the overall PD parcel shall not exceed 100% of that allowed under the density provisions of the base zone. The minimum base zone density permitted under the PD process is as follows:
 
DISTRICT
ON PUBLIC SEWER
ON PRIVATE SEWER
SR
1 unit per acre
1 unit per 2 acres
R-1
2.4 units per acre
1 unit per acre
R-2
2.9 units per acre
1 unit per acre
R-3
3.5 units per acre
Not permitted
R-4
5 units per acre
(singe-family)
8 units per acre
(two-family)
Not permitted
R-5
14 units per acre
Not permitted
 
[In calculating the density, certain areas inappropriate for development including but not limited to bodies of water, floodplains, and rights-of-way, shall be discounted from the gross acreage.]
            3.   The Commission shall make a finding that said intensity is consistent with the Land Use Element of the Comprehensive Plan of current adoption and in the best interest of the City and surrounding areas.
            4.   If such zoning is not related to the character of development sought by the Planned Development, then the Plan Commission shall determine whether to require a rezoning of the site to a more appropriate zone or to establish a development intensity pursuant to division (D)(6)(d)2. of this section.
         (b)   Establishment of Peripheral Landscape Buffer Yard.  A minimum 50-foot peripheral landscape buffer yard shall be provided along the perimeter of the Planned Development District. The 50-foot peripheral landscape buffer yard shall be maintained as common area, labeled on the development plan/subdivision plat/parcel as common area/landscaping buffer, and a minimum of 25-foot used exclusively for landscaping and labeled. The declaration of covenants or other recordable instrument shall state that the peripheral landscape buffer yard is common area and maintained by the association or developer of said project. Exception to the minimum buffer yard size requirements include those subdivisions or parcels abutting an expressway or arterials and those subdivisions having rear yards abutting a collector, arterial or expressway then those specific requirements apply as set forth in the Unified Development Ordinance. A variety of landscaping plants are required and shall adhere to § 159.185.
         (c)   Establishment of Maximum Height, Building Size.  Maximum heights and maximum/minimum building sizes shall be as required in the base zone unless modified by the Plan Commission and approved by the Common Council as part of the Preliminary Plan approval, unless otherwise specified in this chapter.
         (d)   Establishment of Other Site Development Regulations.
            1.   Other site development regulations, including but not limited to parking, signs, accessory uses, landscape requirements, environmental standards, flood plain protection, and public and private infrastructure shall be as required in the base zone, unless otherwise specified in this chapter.
            2.   The Plan Commission may recommend, and the Common Council may authorize, exceptions to other applicable regulations of this chapter controlling development within the boundaries of a Planned Development, provided that the Plan Commission shall find that such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the tenants or occupants of such development, as well as the neighboring property, than would be obtained under the regulations of this chapter for buildings developed on separate zoning lots.
      (7)   Procedure.  The authorization of a Planned Development shall require approval of a sketch plan, preliminary development plan and detailed development plan as stipulated in this section.
         (a)   Sketch Plan.
            1.   Upon petition by the owners of the area involved in the petition, or upon a petition initiated by the Commission, a sketch plan for any area proposed for a Planned Development shall be presented to the Director of Planning and Development.  The sketch plan may be an approximate drawing but it shall be prepared in a manner which will explain the features to be contained and which would allow the testing of engineering feasibility.
            2.   Two copies of the concept plan of the proposal shall be presented to the Director or his or her designee containing the following information:
               a.   Proposed locations, amounts, and types of uses within the area proposed to be developed.
               b.   Proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply, perimeter treatment of the site, and other pertinent development features.
               c.   Preliminary layout at a scale not to exceed 1" = 60', illustrating streets, structures, open space, lots, drainage, and other elements basic to the proposal in relationship to existing site conditions.
               d.   If the Planned Development is intended to supersede an original plat being vacated, the original plat shall be shown by dotted lines in relationship to the proposed plan.  The new plan shall be clearly shown in solid lines.
               e.   The plan shall show the ownership and zoning and use of adjacent land and of the area proposed to be developed.  In case of a petition by owners, the plan shall show the property within the proposed development which they own.
               f.   Proposed deed covenants, in general terms, proposed to be made part of the Planned Development Plan.
               g.   A complete set of color, 360-degree elevations detailing the front, rear, and opposite side views of each proposed above-ground structure. Key exterior elements, such as siding, roof, windows, chimney, and the like must he rendered in sufficient detail and accompanied by clear descriptions of materials, colors, and textures. A percentage breakdown of the elevations proposed should be submitted along with the elevation drawings. These elevations must be accompanied by a detailed set of covenants that outline proposed architectural details.  The covenants shall also outline the procedure for review of future additions, alterations and accessory structures to the prospective homes.  (This item is required only if the PD has a residential component.)
               h.   A complete set of 360-degree renderings detailing the conceptual theme of homes to be constructed. These renderings must be accompanied by a detailed set of covenants that outline proposed architectural details.  The covenants shall also outline the procedure for review of future additions, alterations and accessory structures to the prospective homes.  (This item is not required if division (D)(7)(a)2.g. of this section is submitted. Acceptance of this item in lieu of division (D)(7)(a)2.g. of this section is solely within the discretion of the ARB).
               i.   A completed ARB review checklist. (This item is required only if the PD has a residential component)
               j.   A statement of development sequence and timetable.
            3.   The petitioner shall meet with the Director of Planning and Development or his or her designee to discuss the concept plan, its relationship to the requirements of the comprehensive plan, other public policy, and best planning practices.
         (b)   Preliminary Development Plan.
            1.   Purpose.  A Preliminary Development Plan is required for the purposes of establishing basic goals and policies, bulk and architectural standards, variations/waivers from the underlying zoning district standards and layout of the proposed Planned Development.
            2.   Submission of Application.
               a.   The petitioner shall refer to the Schedule of Meeting Dates and submit the completed application, filing fee, and supporting documentation for consideration by the Technical Advisory Committee, Architectural Review Board (if applicable) and the Plan Commission.
               b.   All drawings shall be submitted on a minimum paper size of 24 x 36 inches and drawn to a scale of 1" = 40' maximum. The landscaping plans shall be drawn to a scale of 1" = 20' maximum.
               c.   Submission of Materials: The applicant shall prepare and submit 25 copies of the information outlined below. The maximum plan size shall be 24 x 36 inches. At least five of these plans are to be reduced to no larger than 11 x 17 inches. All plans should be drawn to scale, scale noted, fully dimensioned, and drawings labeled. Each set of plans must include the following:
                  i.   Written application for approval of a Planned Development to be made on forms available from the Director of Planning and Development and in the manner prescribed by the City Plan Commission. Each application shall be accompanied by a written description of the project. The length of the description will vary with the size of the project; however, it is very important that the description include the design concept, the rationale for the design, the project proposal in written language, the relation of existing conditions on-site, and the existing and proposed uses.
                  ii.   Proposed maximum site development intensity and demonstration that it is in keeping with the comprehensive plan and will not exceed 100% of the base zone.
                  iii. A list of requested exceptions including justifications from the requirements of the base zone.
                  iv.   Site (development) plans of the Planned Development shall show such designations as proposed streets, all buildings and their yards and uses common open space, recreation facilities, parking areas, service areas, floodways, detention/retention facilities, and other facilities to indicate the character of the proposed development.
                  v.   Character: Explanation of the character of the Planned Development and the reasons why it has been planned to take advantage of the flexibility of these regulations.  This item shall include a specific explanation of how the proposed Planned Development meets the objectives of all adopted land use policies which affect the land in question.
                  vi.   Ownership: Statement of present and proposed ownership of all land within the project, including the beneficial owners of a land trust.
                  vii.   Schedule: Development schedule indicating:
                     (aa)   Stages in which project will be built, with emphasis on area, density, use and public facilities, such as open space to be developed with each stage.  Each stage shall be described and mapped as a unit of the project.  Overall design of each unit shall be shown on the plan and through supporting graphic material.
                     (bb)   Dates for beginning and completion of each stage.
                  viii.  Service Facilities: Information on all service facilities, driveways, private streets, paths and off-street parking facilities.
                  ix.   Architectural Plans: Architectural plans for all Single-family attached, two-family, and multi-family residential, and residential accessory buildings shall be submitted in sufficient detail to permit an understanding of the styie of the development, and the design of the buildings including color front elevations for all residential buildings and 360-degree color elevations for all residential accessory buildings such as clubhouses,; pool houses, carport/garages for multi-family uses, trash receptacle enclosures, and other similar structures.
                     (aa)   In the case of Single-family attached, and Two-family residential developments, a complete set of 360-degree elevations detailing the front, rear, and opposite side views of each proposed above ground structure shall be included with the submittal. Front color elevations of all home structures are required.  Key exterior elements such as masonry, siding, roof, windows, chimney, etc., must be rendered in sufficient detail and accompanied by clear descriptions of materials, colors, and textures. These developments must adhere to the adopted Architectural Review Board Guidelines for each individual housing type and shall be reviewed by the Architectural Review Board on an as-need basis.
                     (bb)   All non-residential buildings and multi-family residential and those accessory structures shall include key exterior elements such as cladding materials, roof materials and pitch, windows and window treatments, general articulation etc., and must be rendered in sufficient detail and accompanied by clear descriptions of materials, colors, and textures. 360-degree color elevations are required and submitted on a minimum paper size of 24 x 36 inches. A sample materials board 11 x 17 inches and floor plans are required.
                     (cc)   The application of new single-family residential planned developments submitted for review after October 23, 2018 must adhere to the Single-Family Residential Standards below and be codified as a part of the proposed planned development ordinance for said planned development. Failure to include all standards in the proposed planned development ordinance will cause a delay in the processing of the application for the Plan Commission Public Hearing.
                  x.   Facilities Plan: Preliminary Development Plans and feasibility reports for:
                     (aa)   Roads, including classifica-tion, width of right-of-way, width of pavement, and construction details.
                     (bb)   Sidewalks/trails including those trails indicated on the Noblesville Alternative Transportation Plan.
                     (cc)   Sanitary sewers.
                     (dd)   Storm drainage.
                     (ee)   Water supply system.
                     (ff)   Street lighting.
                     (gg)   Public utilities.
                     (hh)   Proposed development amenities (i.e. parks, playgrounds, pools, and the like).
                  xi.   Landscape Concept Plan:  A general planting plan for the site showing landscape intent, types of plant material to be provided, intensity and scale of landscape with site details where appropriate to fully explain the concept. The landscape concept should be provided at the same scale of the overall site plan. All existing trees over four inches in diameter shall be indicated on the development plans. Retention of all trees is encouraged, and any tree larger than 12 inches in diameter should not be removed.
                  xii. Traffic Analysis:  If requested by the Director of Planning and Development or the Plan Commission, a study of the impact caused by the Planned Development on the street and highway systems operating in the city.
                  xiii. Environmental Assessment:  If requested by the Director of Planning and Development, a study of the impact upon natural vegetation, watercourses, topography, noise, lighting and another features as identified by the Department of Planning and Development.
                  xiv.   Ordinance: An ordinance shall be submitted for consideration by the Plan Commission and Common Council which outlines all standards and uses requested, bulk standards and variations. The ordinance shall include as appendices and commitments all drawings and renderings used in presentation of the application.
                  xv.   All drawings and plans shall be submitted to the Planning Department on a CD or DVD as a Portable Document Format (PDF), Version 7 or later at the time of submission of the application.
                  xvi.   Residential review standards for single-family detached structures.
                     (aa)   Roof Ridges.
                        (1)   A minimum of three (3) Roof Ridges, visible from the front facade, shall be required on all dwellings.
                        (2)   In counting roof ridges: roof planes must project from the roof and could include False-Front Gables and/or a dormer package that would count as a single roof-ridge but does not include minor architectural features such as bay windows, turrets, garage eyebrows, or other similar features.
                     (bb)   Corner Breaks.
                        (1)   A minimum aggregate of eleven (11) corner breaks shall be provided on any dwelling; BUT a minimum of three (3) Corner Breaks shall be located on each Front Facade, Rear Facade, and Primary Facade of a dwelling; and no more than one (1) Secondary Facade shall have less than three (3) corner breaks.
                        (2)   In counting corner breaks:
                           a.   As per the illustration below, divide the structure into quadrants based on the overall depth and overall width of the structure.
                           b.   Architectural features shall project a minimum of two feet from the adjacent architectural plane to count as a corner break.
                           c.   Architectural features located on a facade may be considered to provide corner breaks on an adjacent facade, if the location of the corner break is within fifty percent (50%) of the overall dwelling width or overall dwelling depth of the adjacent facade as illustrated below.
                           d.   Add-ons to a compliant base floor plan such as a sunroom shall not be counted against the base floor plan corner breaks.
                        (3)   If the lot width is 48 feet or less, the number of required corner breaks on the side facades shall be reduced to a minimum of two per side thus reducing the minimum aggregate number to 10.
 
                     (cc)   Windows.
                        (1)   A minimum of two (2) windows shall be located on each facade of a single-level dwelling.
                        (2)   A minimum of three (3) windows shall be located on each facade of a multiple-level dwelling.
                        (3)   In counting windows:
                           a.   Each framed opening of at least six (6) square feet shall count as one (1) window.
                           b.   Each grouping of two (2) or more framed openings individually greater than four square feet but less than six (6) square feet shall count as one (1) window, if all windows comprising the grouping are located within twelve (12) inches from each other and are located on the same story of the same architectural plane.
                        (4)   Once per dwelling, a required Window may be substituted for a service door with a window providing access to a garage.
                        (5)   Window wells do not count towards the window requirement.
                        (6)   Patio doors count as one window towards the window requirements.
                        (7)   A dwelling constructed on a lot being less than 48 feet in width and having a side yard setback of less than five feet shall be required to provide one window per side elevation and three windows on the front and rear elevations.
                     (dd)   Window treatment.
                        (1)   Window Treatment shall be required on all framed openings on a dwelling.
                        (2)   The treatment of framed openings located on Masonry facades shall consist of shutters or enhanced masonry detailing including but not limited to quoins, keystones, soldier courses as architecturally appropriate and applied to the header and sill at a minimum; exception that a frieze board at the top of the window counts towards the window treatment.
 
                        (3)   The treatment of framed openings located on non-masonry facades shall consist of shutters or trim composed of wood, engineered wood, or fiber cement and applied to the header, sill, and jams with a nominal minimum depth of one (1) inch and a minimum width of four (4) inches. Decorative trim detailing including but not limited to arches, cornices, crossheads, ornate moldings, pediments as architecturally appropriate to the dwelling are acceptable.
                     (ee)   Garage door percentage and standards.
                        (1)   The garage door percentage of any single-level dwelling containing a front-load garage shall not exceed thirty percent (30%) for a garage providing storage for two (2) or less vehicles, and shall not exceed forty percent (40%) for a garage providing storage for more than two (2) vehicles.
                        (2)   The Garage Door Percentage of any Multiple-Level Dwelling containing a front-load garage shall not exceed twenty percent (20%) for a garage providing storage for two (2) or less vehicles, and shall not exceed thirty percent (30%) for a garage providing storage for more than two (2) vehicles.
                        (3)   In calculating garage door percentage:
                           (a)   The garage door percentage shall be calculated as a ratio of the area of all garage doors divided by the total area, including roof, windows, and doors, of the building facade on which the garage is located.
                           (b)   Decorative garage doors are required for front-load and side-load garages. Decorative details include paneling (other than horizontal paneling), windows, decorative hardware and similar decorations.
                           (c)   Front-load garages must be recessed or project from the front facade plane a minimum of two (2) feet.
                     (ff)   Front entry and porch. A Porch of at least thirty square feet (30 square feet) shall be located at the front entry of any dwelling.
                     (gg)   Roof pitch. Roof planes comprising the main roof of a dwelling shall be required to be a minimum of 6/12 pitch. Dwellings determined to having ‘historical significance’ shall be required to be a minimum of a 5/12 pitch.
                     (hh)   Roof overhang.
                        (1)   Roof planes comprising the main roof shall be required to form overhangs from adjacent Architectural Planes at a minimum distance of twelve (12) inches. Depth shall be determined prior to the installation of the exterior cladding material.
                        (2)   The overhang shall be measured as the horizontal distance, excluding gutters, of which the roof plane projects beyond the finished framing of the architectural plane immediately below.
                     (ii)   Composition of siding materials. All Siding Materials shall be composed of Masonry, wood, stucco, fiber cement board, composite lap siding, vinyl siding of 0.050-inch thickness, and/or decorative precast panels, including synthetic or composite materials intended to simulate the appearance of natural materials.
                     (jj)   Number of siding materials and material patterns.
                        (1)   A minimum of three (3) distinct Siding Materials and/or Material Patterns shall be located on each Front Facade of a dwelling.
                        (2)   A minimum of two (2) distinct Siding Materials and/or Material Patterns shall be located on each Primary Facade of a dwelling.
                        (3)   A minimum of one distinct siding material and/or material pattern shall be located on each Secondary Facade of a dwelling and shall include a trim break.
                        (4)   In counting siding materials and material patterns:
                           (a)   A brick or stone wainscot of at least two (2) feet in height located across entire Facade shall count as one (1) distinct material;
                           (b)   A siding material or material pattern located underneath the entire area formed by roof gables comprising a roof ridgeline shall count as one (1) distinct material.
                           (c)   A residential structure, which is a minimum of 75% or greater brick and/or stone on the front facade, shall count as meeting the minimum front facade materials number in total.
                           (d)   A single-story structure shall be permitted a minimum of two distinct siding materials on the “Front Facade” if one of the siding materials is either brick or stone.
                        (5)   Siding materials and material patterns shall be arranged logically and in a manner consistent with the intended architectural style of the dwelling.
                     (kk)   Masonry.
                        (1)   Masonry materials shall comprise a minimum of fifteen percent (15%) of Siding Materials located on each Primary Facade of a dwelling and shall be located on the first floor of the facade, or a wainscot shall be located across the entire Facade.
                        (2)   Brick or stone used on the front elevation, requires to the use brick or stone on any chimney that may be located on the side or rear elevation.
                        (3)   Exterior design details, including but not limited to: siding materials and material patterns, siding composition, number and style of windows, trim detailing, and roof design shall logically transition onto adjacent facades of a dwelling in a manner consistent with the intended architectural style.
                     (ll)   Anti-monotony. No two (2) dwellings with alike facade styles and/or exterior color packages shall be permitted adjacent to, diagonally, or across from each other as illustrated below.
 
                  (mm)   Landscaping. Foundation plantings shall be installed within ten feet of the foundation wall.
                        (1)   All lots shall have a minimum of seven shrubs/ornamental grasses at a minimum of 18-inches in height at the time of planting along all primary architectural planes.
                        (2)   All lots shall include a minimum of two trees. One tree shall be planted adjacent to the primary architectural plane of the dwelling. If multiple primary architectural planes exists; one tree is required adjacent to one (1) of the primary architectural planes and shall be a minimum of ten (10) feet behind the sidewalk/trail. The trees may be deciduous having a minimum caliper of two (2) inches or an evergreen tree having a minimum height of six (6) feet at the time of planting.
                     (nn)   Historical architectural styles.
                        (1)   Any dwelling designed in accordance with a historically significant architectural style may be exempt from masonry, roof ridgeline, corner break, roof pitch and/or porch requirements contained in this article.
                        (2)   The Director of Planning and Development shall have the authority to determine whether a dwelling qualifies as a historically significant architectural style entitled to the exemptions listed above. The builder shall submit documents identifying the architectural design features that constitute the intended architectural style for determination by the Director. The Director shall reference the current edition of a book entitled “A Field Guide to American Houses” by Virginia and Lee McAlester to determine the architectural elements for the historical architectural style. The applicant shall be required to adhere to a minimum of 51% or greater of the typical design features on the front facade of said historic architectural style as evidenced by said field guide.
            3.   Preliminary Development Plan Review.  The Director of Planning and Development or designee shall coordinate a review of the Preliminary Development Plan materials to include review by all relevant departments, Technical Advisory Committee, and the Archi-tectural Review Board (ARB). Written findings and recommendations will be submitted to the Plan Commission.
            4.   Public Hearing.
               a.   The Plan Commission shall hold a public hearing on each application for approval of a Planned Development Zone in accordance with § 159.044.
               b.   The Commission may approve the plan submitted, amend and approve the plan as amended, imposing any reasonable conditions upon its approval, including the recording of covenants or disapprove the plan.  If approved, the Preliminary Development Plan, with any amendments, shall be stamped “Approved Preliminary Development Planned Development” and signed by the President and the Secretary of the Plan Commission.  One copy shall be permanently retained in the office of the Plan Commission.
            5.   Action by the Common Council.  The Common Council shall act upon the recommendation within 30 days after receipt of the Plan Commission’s report.  The Common Council may approve, approve with modifications, refer back to the Plan Commission, disapprove, or provide written explanation to the petitioner on why an extension is required for Common Council action.  The time period for action shall be exclusive of any time extensions or continuances requested by the petitioner. Common Council action shall be based upon the record of the Plan Commission.
            6.   Effect of Preliminary Development Plan Approval.  Approval of the Preliminary Development Plan for a Planned Development shall not constitute approval of the Planned Development Detailed Plan.  Rather, it shall be deemed an expression of approval of the concepts and details of the Preliminary Development Plan of the Planned Development and the proposed map amendment, which are set forth in the Application for Approval of the Planned Development.  It shall also be deemed as a specific guide to the preparation of final documents which are required as part of the Application for Approval of the Detailed Development Plan. Further, it indicates approval of the details set forth in the application, and a commitment by the applicant to such details.
            7.   Recording of Preliminary Development Plan Approval.  Upon approval of the Preliminary Development Plan by the Common Council, the conditions, modifications, density premiums and exceptions, if any, shall be indicated on the plan shown in the application.  It is the applicant’s financial responsibility to pay for the formal recording of this document and to return the original recorded ordinance to the City Clerk-Treasurer’s office within 30 days of approval.  The plan shall be kept on file in the office of the Director of Planning and Development and no permits shall be issued for the subject development until proof of recording is submitted.
         (c)   Detailed Development Plan.
            1.   The purpose of the Detailed Development Plan is to specifically designate the land subdivided into conventional lots or blocks as well as the division of other lands into common open space areas, floodplain areas, and building sites.  The Detailed Development Plan shall show the exact location of each building to be constructed, and a designation of the specific internal use for each building.  The Detailed Development Plan also informs all who deal with the Planned Development of the restrictions placed upon the land, and acts as a zoning control device.
            2.   Time Period for Detailed Development Plan Approval.
               a.   Approval of a Detailed Development Plan, or first phase of that plan, shall be obtained within six months after adoption of the Preliminary Development Plan by the Common Council.  However, the Common Council may grant an extension of time for such period as it deems in the public interest.
               b.   In the event that a detailed development plan is not approved within the six month period or an approved extension of time, the action of the Common Council, adopting the relevant Preliminary Development Plan as a particular class of Planned District shall be declared null and void, and the land shall revert to the category or categories it held before being zone as a “PD” District subject to submission of approved Detailed Development Plan.
            3.   Submission of Application.
               a.   Following Common Council approval of the Preliminary Development Plan, an application for Detailed Development Plan may be submitted.  This application and supporting documentation shall be shall be reviewed by the Director of Planning and Development or his or her designee for compliance with the approved Preliminary Development Plan and sign a copy of the detailed plan, if it is in substantial compliance with the adopted Preliminary Development Plan and subject to the requirements below.
               b.   Submission of Materials: The applicant shall prepare and submit 15 copies of the following plans and documents:
                  i.   Written application for approval of the Final Detailed Development Plan is to be made on forms available from the Department of Planning and Development and in the manner prescribed by the Plan Commission.
                  ii.   Final Detailed Development Plan: A Final Detailed Development Plan shall be prepared by a licensed engineer and architecture including civil drawings (signed and sealed), landscaping plans, lighting plans, signage plans, and elevations including the following:
                     (aa)   The land subdivided into conventional lots as well as the division of other lands, not so treated, into common open space areas and building areas;
                     (bb)   The location of all buildings to be constructed and the specific internal uses of each building, structure, and use of land;
                     (cc)   Infrastructure improvements including construction details, showing center line elevations, pavement type, curbs, gutters, culverts, etc.;
                     (dd)   Such additional information as the Common Council or the Plan Commission may have required when approving the Preliminary Development Plan.
                  iii.   An accurate legal description and survey of the entire area being developed as a part of the Planned Development.
                  iv.   If subdivided lands are included in the Planned Development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat in accordance with the City’s applicable regulations.
                  v.   An accurate legal description of each separate unsubdivided use area, including open space.
                  vi.   Landscape Plan: A detailed landscape planting plan for the site including a plant list containing the common and botanical names, sizes, at the time of installation and at maturity, and quantities of all plants, permanent signs, site lighting and street fixtures.  Scale 1" = 20'.
                  vii.   A complete set of approved 360-degree color elevations of any proposed structures.
                  viii. Certifications, seals, and sig-natures required for the dedication of land and recording of the document.
                  ix.   Tabulation on each separate subdivided use area, including land area, number of buildings, number of dwelling units per acre.
                  x.   Construction schedule.
                  xi.   Common Open Space Documents: All common open space, at the election of the City, may be:
                     (aa)   Conveyed to a municipal or public corporation; or
                     (bb)   Conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and tenants of the Planned Development or adjoining property owners or any one or more of them.  All lands conveyed thereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or
                     (cc)   Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Development or adjoining property owners and/or both.
                  xii.   Improvements—Guarantee of Performance.  The owner and/or developer shall guarantee the completion of all required improvements and facilities, as set forth in applicable city regulations, except where varied  by this application of these procedures,  whether said improvement or facilities shall become public or remain private, by either completing the improvements in advance of approval of the Detailed Site Plan or submitting irrevocable letters of credit in a form and from a financial institution acceptable to the City’s legal department (or an escrow department) in an amount equal to at least 110% of the construction cost estimate approved at the time said improvements and facilities are scheduled to be installed.
            4.   Staff Review.  The Director of Planning and Development shall coordinate a review of the Detailed Development Plan to include review by relevant City Departments and Technical Advisory Committee.  If the Director of Planning and Development, upon review, finds major changes on the Detailed Development Plans, he shall forward the plans to the Plan Commission as per division (D)(13) of this section.
            5.   Appeal Procedure.  The Plan Commission may, upon the applicant’s request, hear an appeal of the decision of the Director of Planning and Development, in regard to the Detailed Development Plan review action.  This appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions.  An application for appeal to the Plan Commission shall be filed no later than 30 days after the action being appealed.  The Plan Commission shall hold a public hearing on the application in accordance with § 159.040.  The Plan Commisson may reverse, affirm, wholly or partially modify the decision of the Director of Planning and Development.
      (8)   Designation of Permanent Common Open Space.  No plan for a Planned Development shall be approved, unless such plan provides for permanent landscaped open space equivalent to the following types of Planned Developments:
         (a)   Residential Planned Development: Twenty-eight percent of gross acreage.
         (b)   Mixed Use Planned Development: Twenty-eight percent of gross acreage.
         (c)   Industrial or Commercial Planned Development: Twenty-two percent of gross acreage.
         (d)   Corporate Campus Planned Development:  Twenty-five percent of gross acreage.
         (e)   The relief provided by this subsection should only apply to:
            1.   Residential PD overlays for land which is zoned Rl or R2.
            2.   There shall be two areas of land eligible for the benefits in this subsection, which are referred to as Zone A and Zone B.
               A.   Zone A shall include land located contiguous to, or has the point of the PD zone within 1,320 feet of a city park, and will have direct pedestrian access to the city park prior to the completion of the first residence in the PD.
               B.   Zone B shall include land which has a point of the PD zone within 2,640 feet of a city park, and will have direct pedestrian access to the city park prior to the completion of the first residence in the PD.
               C.   This section shall only apply if the city park is at least 20 acres of real estate.
         (f)   The developer of an eligible PD under § 159.109(H) may request a reduction in the permanent common open space within the development by making Payments In Lieu of Open Space (PILOS) as provided below.
         (g)   The PD may provide a maximum reduction of landscape open space from 28% to 13% of the gross acreage of the project in Zone A and 19% of the gross acreage of the project in Zone B.
         (h)   In exchange for the reduction in open space, the developer shall, prior to the final approval of the preliminary development of the project, enter into a PILOS Agreement. The PILOS Agreement shall be recommended by the Director of Planning and approved by the Board of Public Works and Safety of the City of Noblesville.
         (i)   The total amount of PILOS payments for the PD shall equal the number of acres of open space reduced from a decrease in the requirements in subsection (a) above, times 72% of the fair market value of the developable land included in the PD. The valuation date shall be based on the value of the land subsequent to the approval of the planned development, and prior to any construction of the PD. The appraised value of the land shall be substantiated by the developer through an appraisal by a licensed appraiser. The appraised value shall be considered; but is not binding upon the city in determining the value of the PILOS.
         (j)   The PILOS Agreement shall also describe the improvements to the city park which will be constructed, or have been constructed through use of the PILOS payments; the source of funds in addition to the PILOS payments to fund the improvements, and a schedule for completion of the park improvements funded fully, or partially, by the PILOS payments.
         (k)   The PILOS payments shall be paid upon submission of the secondary plats for any part of the PD. Each payment shall equal the total PILOS for the entire PD, times the percentage of land in the secondary plat compared to the entire PD. The city shall not finally approve a secondary plat for any part of the PD unless the PILOS payments for that section have been paid.
         (l)   All PILOS payments shall be deposited in a non-reverting fund to be created by ordinance and shall only be used to pay, or reimburse, the city all or part of the costs identified in the PILOS Agreement.
      (9)   Covenants and Maintenance.
         (a)   Covenants shall be required by the Commission as an ingredient for stability and longevity of the Planned Development Plan, and shall set forth in detail provisions for the ownership and maintenance of facilities held in common to insure continuity and conservation.  Covenant provisions shall include special 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 Townships.  In such event, the City shall take those remedial steps provided for.  A draft of the covenants shall be submitted as part of the Preliminary Plan application to the Plan Commission.
         (b)   The Plan Commission shall require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities, and other public and semi-public purposes wherever necessary in conformity with the Comprehensive Plan and the Thoroughfare Plan of current adoption.  Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specified period of time, the covenants shall automatically terminate.  If such termination occurs, the petitioner shall then submit for approval by the Plan Commission a modified Detailed Development Plan for such land consistent with the approved Preliminary Development Plan.  Such modified detailed site plans, when approved, shall be treated in the same manner as approved detailed site plans for an entire Planned Development Plan.
         (c)   The Plan Commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in Planned Development Plan.  Such development standards may include, but are not limited to, requirements as to the following:
            1.   Lot area;
            2.   Floor area;
            3.   Ratios of floor space to land area;
            4.   Area in which structures may be built (“Buildable area”), including areas for cluster type Residential Development without lot lines;
            5.   Open space;
            6.   Setback lines and minimum yards;
            7.   Building separations;
            8.   Height of structures;
            9.   Signs;
            10.   Off-street parking and loading space;
            11.   Design standards;
            12.   Phasing of development.
         (d)   The petitioner shall provide financial assurance for the satisfactory installation of all facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of this chapter.
         (e)   Adequate provision shall be made for private organization with direct responsibility to, and control by, the property owners involved to provide the operation and maintenance of all common facilities including private streets jointly shared by such property owners, if such facilities are a part of the Planned Development Plan.  In such instance, legal assurances shall be provided which show that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
         (f)   Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and non-discriminatory rate of charge to the beneficiaries.  Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
         (g)   All private streets shall be maintained by the private organization in a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation, and public utility vehicles conserve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area.  Said private streets shall be developed in accordance with this chapter.
      (10)   Changes in the Planned Development.
         (a)   A Planned Development shall be developed only according to the approved and recorded Detailed Development Plan and all supporting data. The recorded Detailed Development 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 the premises (including the internal use of buildings and structures) and location of structures in the Planned Development, as set forth therein.
         (b)   In the exercise of its continuing jurisdiction, the Commission may from time to time modify the approved Detailed Development Plan in a manner to be consistent with the approved Preliminary Development Planned Development Plan to provide for circumstances and conditions unforeseen at the time of original approval.  Such modifications shall constitute major or minor changes which shall be acted upon as follows:
            1.   Major Change to Planned Development.  Major changes, Amendment as defined in § 159.016 may be approved only by submission of a new Preliminary Development Plan and supporting data, and following the Preliminary Development Plan approval steps, holding of a new public hearing and subsequent amendment of the Development Plan.
            2.   Minor Change to Planned Development.  The Director of Planning and Development may approve minor changes to the Planned Development as defined in § 159.016 that do not change the concept or intent of the adopted preliminary development plan/ ordinance, governing agreements, provisions, waivers, conditions, and/or stipulations, without going through the Preliminary Development Plan approval steps.  Any minor changes approved shall be properly recorded with the County Recorder or it shall be automatically deemed a major change.
               a.   The following test as to the acceptability of the change to an approved preliminary development plan under a Minor Amendment includes:
                  i.   Is the proposed change significant in terms of its magnitude in relation to the original approval;
                  ii.   Does the proposed change modify any use that the development originally approved;
                  iii.   Would the proposed change result in an impact either visually or in terms of an amenity;
                  iv.   Would the interests of any third party that participated in the public hearing or received notice of the original preliminary development plan/ordinance be disadvantaged in any way;
                  v.   Would there be any alteration to the site boundary;
                  vi.   Would the proposed changes reverse design improvements secured during the public hearing process;
                  vii.   Would there be any changes to the external materials which would adversely affect the character or appearance of the development or erode the quality to what was originally approved; and
                  viii.   Is the proposed change contrary to a condition, stipulation, provision, waiver, or governing agreement of the original approval.
               b.   Process for Submitting a Minor Change.  A minor change is administratively approved by the Director of Planning and Development upon receipt of the following:
                  i.   A completed application;
                  ii.   A letter of explanation outlining the request for each modification;
                  iii.   Single-paper copy of all plans and other documents;
                  iv.   Digital format in PDF; and
                  v.   Filing fee.
            3.   Changes to Approved Architectural Plans.  The Director of Planning and Development may approve changes to Council-approved architectural plans if they are determined to meet the intent of the originally approved plans and are substantially compliant with those plans. In the event that the new plans are determined not to be substantially compliant, an applicant may appeal for consideration by the ARB, subject to § 159.031(B).
      (11)   Abandonment or Expiration.  Abandonment of a development authorized under this section shall occur when one or more of the following conditions occur:
         (a)   No improvements are made pursuant to the approved Detailed Development Plan for 12 consecutive months, or upon the expiration of two years from the approval date by the Commission of a Detailed Development Plan.
         (b)   If a construction of public improvements, including streets, parks, walkways, and utility installation identified in the approved Detailed Development Plan is less than 50% completed in terms of the approved development schedule.
         (c)   For a development which has not been completed Common Council may either grant a time extension for such development not to exceed one year increments, or initiate an amendment to revoke the Planned Development Zoning and rezone the land to the base zone.
      (12)   Limitation on Rezoning.  The Plan Commission shall not initiate any amendments to this chapter concerning the property involved in a Planned Development Plan before completion of the development as long as development is in conformity with the approved Detailed Development Plan, and proceeding in accordance with the time requirements imposed herein.
      (13)   Standards for Review of Planned Development District Applications.  No Planned Development District shall be approved unless the applicant shall establish that the proposed development will meet each of the criteria for a map amendment as listed in § 159.044, and the following standards specific to Planned Developments.
         (a)   Conformity with City Policies and Ordinances.
            1.   The proposed development shall not injure the use, value and enjoyment of the surrounding property in accordance with the policies of the City, shall be consistent in all respects with the purpose, intent, and applicable standards of this chapter and shall advance the general welfare of its immediate vicinity and of the City as a whole.
            2.   Any deviation from the standard development requirements included in this chapter shall be justified by the benefits and design of the proposed development.
         (b)   Timely Progression of the Development.  The order in which stages of development will likely proceed, and the time estimated to complete the development and its various stages, should be based on a reasonable schedule in which improvements may be substantially completed.
         (c)   Unified Ownership.  The entire tract or parcel of land to be occupied by the proposed development shall be held in single ownership, or if there are two or more owners, the application for such proposed development shall be filed jointly by all such owners.  This shall ensure that the property is developed as a unified whole.
         (d)   Site Design.  The location, configuration, construction, manner and time of operation of off-street parking and loading areas, service areas, circulation systems, entrances, exits, open space, amenities, lighting, or other potentially detrimental influences shall be designed to avoid adverse effects on: (1) residential uses within or adjoining the development, (2) traffic congestion, and (3) hazard to vehicular or pedestrian traffic.
         (e)   Utilities.  The proposed development shall provide, if possible, for underground installation of utilities (including electricity and telephone) within both public ways and private extensions thereof.  Provisions also shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities.
         (f)   Preservation and Maintenance of Open Space and Amenities.  The Detailed Development Plan shall include provisions for the ownership and maintenance of common open space and amenities, including all improvements thereto, as are reasonably necessary to ensure their continuity, maintenance, and operation in accordance with predetermined standards.  Also, to ensure that remedial measures will be available to the City of Noblesville if such open space, amenities, or other improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development, its immediate vicinity, or the City as a whole.
   (E)   (1)   Purpose. The Village Center Planned Development District allows for specific categories of uses, structures, and site design criteria that serve to implement the Village Center Plan. The Village Center nodes as designated per the adopted Comprehensive Master Plan shall be utilized for the Village Center Planned Development District locations. The Village Center Planned Development District is intended to provide for a variety of limited commercial neighborhood-serving uses such as daily retail and convenience needs, and second story or above residential units and/or other commercial/office uses while maintaining compatibility with the surrounding land uses through the Preliminary Development Plan approval process and the design standards. The Village Center Planned Development District shall benefit the general health and welfare of the area residents and protect the environment by accommodating a more compact development that reduces the impacts of sprawl and provides connectivity, pedestrian/bicycle access, and parking and/or landscaping flexibility.
      (2)   Intent.
         (a)   Provide an area that accommodates the philosophy of work, live, shop, and recreate in close proximity.
         (b)   Provide convenient and general merchandise for residents within a two-mile radius.
         (c)   Provide compact, walkable centers for adjacent neighborhoods.
         (d)   Provide places for social interaction and recreation.
         (e)   Develop land use arrangements that consider compatibility of adjacent activities.
         (f)   Encourage a design that enhances pedestrian interest and provides a pleasant and diverse pedestrian experience.
         (g)   Encourage and develop connections between environmental quality and economic vitality.
         (h)   Support the development of comprehensive pedestrian and bicycle network linkages to and between residential and commercial areas and the adjacent neighborhoods.
      (3)   Location and size.
         (a)   The newly established district shall contain between six to 20 acres.
         (b)   Locations of Village Center Planned Development Districts are per the nodes on the Adopted Comprehensive Plan Land Use Map.
      (4)   Uses.
         (a)   Commercial uses.
            1.   Fire/police substation.
            2.   Government offices (satellite).
            3.   Post office (satellite).
            4.   Gallery/museum.
            5.   Bar, tavern, brewery.
            6.   Financial, insurance, real estate services.
            7.   Launderette.
            8.   Dry cleaners.
            9.   Offices of medical, dental, or other health care practitioners.
            10.   Professional and technical services.
            11.   Personal services.
            12.   Convenience store.
            13.   Cafe.
            14.   Retail sales and service (less than 5,000-square feet of gross floor area per business use on a single floor/level).
            15.   Restaurant (no drive-thrus).
            16.   Pharmacy.
            17.   Bakery.
            18.   Outdoor seating associated with restaurants and cafes.
            19.   Artist live/work space.
            20.   Outdoor markets within open space area.
         (b)   Residential uses.
            1.   A.   Residential units above first floor.
               B.   Multi-story assisted living units (separate building).
               C.   Townhomes or multi-story condominiums (separate building).
            2.   Separate residential buildings shall only be constructed if it is a part of the overall development plan that includes the construction of commercial/office buildings.
      (5)   Bulk standards.
         (a)   Commercial uses.
            1.   Minimum/maximum structure height:  24/35 feet
            2.   Minimum/maximum front yard setback from interior roadway:  0/15 feet
            3.   Minimum/maximum side and rear yard setbacks:  0/10 feet
            4.   Minimum setback from arterial roadway as per landscape buffer requirements in §§ 159.180 et seq., Landscaping and Screening.
         (b)   Residential uses.
            1.   Minimum/maximum structure height and yard setbacks as per above
            2.   Minimum/maximum density:  8 to 20 units per acre
      (6)   Parking requirements. Parking areas shall be designed to maintain a pedestrian-friendly environment. Large parking areas shall be located behind the buildings. Diagonal parking shall be encouraged adjacent to the building and along the interior roadways. Parking standards for a specific use shall apply to the uses in the Village Center District as per §§ 159.140 et seq., Off-Street Parking and Loading. Reductions to the required parking and alternative methods of meeting the parking requirements shall be encouraged as follows:
         (a)   Shared on-site parking. 
            1.   Applicants may propose a reduction in the parking requirements based on an analysis of peak demands for the non-competing uses. Up to 75% of the parking requirements for the predominant use may be waived by the Plan Commission and Council if the applicant can demonstrate that the peak demands for the two uses do not overlap.
            2.   Applicants may propose a reduction in the parking requirements based on an analysis of peak demands for the competing uses which do overlap.  Up to 50% of the parking requirements for the predominant use may be waived by the Plan Commission and Council.
         (b)   Off-site parking.
            1.   Off-site parking shall be located within 500 feet of the property for which it is being requested.
            2.   Off-site parking shall be subject to a legally binding agreement by all property owners and presented to the Plan Commission as a condition of the Preliminary Development Plan. The agreement shall be recorded in the Hamilton County Recorder's Office. Should the agreement expire in a specified timeline, the current owners shall continue to provide the Planning Department evidence that the agreement has been extended and recorded.
            3.   Bicycle parking. Two bicycle parking or storage spaces shall be created for each two commercial uses and be located as close as possible to the building entrance(s). Shared bicycle parking facilities may be proposed with another commercial use within the same block and shall be approved by the Plan Commission and Council.
      (7)   Design standards. The following design standards shall apply to the Village Center Planned Development District. Buildings shall follow the stylistic practice of traditional American commercial architecture and be of a design similar to or compatible with traditional architecture in terms of scale, massing, roof shape, spacing and exterior materials. The design standards are intended to promote quality development consistent with the surrounding land uses, human scale, plaza/open space areas, and pedestrian/bicycle-oriented village characteristics.
         (a)   Buildings shall follow the traditional practice of commercial facades being constructed in a continuous plane thus meeting the front yard setbacks as established. No building facades shall project forward or back from the plane established by adjacent and nearby buildings by more than ten feet. Building designs shall not mix elements from different styles. Buildings should present diverse but consistent appearances. Changes in materials, color or relief are acceptable when used as accents to the primary materials, color, and walls. Use of visual features such as awnings, ornamental doors and windows, and architectural details are encouraged to create diversity.
         (b)   Building materials may include but are not limited to wood, brick, stone, or high-quality brick face or high quality stone face. Alternate materials such as fiber cement siding (composite of sand, cement, and cellulose materials) and other similar modern materials may be appropriate when they are used in the same way as traditional materials and shall match the historical practice when those elements were made of wood.  Vinyl, unfinished metal or fiberglass and reflective materials such as porcelain enamel or sheet metal are prohibited materials.
         (c)   All buildings shall include a base, body, and crown. Transitions between these areas should occur at floor changes or at the cornice line of the roof. Transitions may be created by material or color changes or the use of ornamental features. The architectural style and materials shall be consistent on all sides of a building.
         (d)   Ground floor commercial building facades shall contain transparent windows encompassing a minimum of 40% of the facade surface. The second story or above building facades shall contain transparent or faux windows encompassing at least 25% of the facade surface.
         (e)   Multiple non-residential tenants located on the first floor of the building shall articulate the facade in a manner that distinguishes the location of each tenant with decorative, raised or depressed vertical surfaces, variations in acceptable signage, awnings, colonnades or arcades.
         (f)   Maximum commercial building length shall not exceed 200 feet.
         (g)   Roofs shall be either pitched between 6:12 to 12:12 or be flat with parapets or decorative cornices.
         (h)   Mechanical equipment located on the roofs shall be screened, organized and designed as a component of the roof design and not appear to be a leftover or add-on element. All permanent mechanical equipment at ground level and roof-mounted shall be screened from public view and from the views of surrounding properties and ways.
         (i)   Awnings and canopies shall be compatible with the architectural style of the building and compatible with the existing awnings on adjacent buildings. Colors shall be muted earth tones and patterns shall be prohibited.
      (8)   Site design.
         (a)   Buildings shall be arranged in a manner that optimizes the ability of adjacent residents and consumers to access public spaces and pedestrian amenities.
         (b)   Buildings shall be oriented toward each other in a way that minimizes conflicts between pedestrians and automobiles.
         (c)   Open space provided shall be designed as a public gathering place. Arcades, courtyards, parks, greenspace or other common areas shall be located in a manner that connects buildings to each other and to public/private sidewalks without interruption from parking areas or automobile travel lanes to the greatest particular extent possible.
         (d)   Features used to create open space areas may include, without limitation, fixed benches, fixed tables, fountains, pathways, bikeways, period lighting, shade trees, perennial gardens and other similar fixtures or features.
         (e)   Open space ownership and maintenance shall require the applicant to document the ownership of said common areas and provide a detailed maintenance schedule to ensure the long term care of open space and shall be approved by the Plan Commission and Council.
         (f)   Where residential neighborhoods abut the parcel devoted to the Village Center Planned Development District appropriate transitional features shall be used and may include landscaping, open space, and clearly defined and designed pedestrian features.
         (g)   Pedestrian connections shall be established between any rear parking areas and the sidewalk areas in front of the building.
         (h)   Minimum width of sidewalk is ten feet. Pedestrian-friendly features such as patios, courtyards, outdoor seating, and/or porches shall be provided.
         (i)   Parking for the commercial structures shall be primarily along the internal streets (diagonal) or at the rear of the building for larger parking areas.
         (j)   Private drives behind the buildings must provide shared cross-access agreements to be submitted to the Plan Commission and Council.
         (k)   Impervious surface maximum is 85%.
      (9)   Signs.
         (a)   Primary signs include wall, canopy, window, and/or blade signs per commercial use:
            1.   Wall Sign - Sign shall not exceed 20% of the signable wall area, unless windows, doors, awning, and other architectural details make up more than 50% of the building face in which the sign size may increase to 40% of the signable wall area.
            2.   Blade Sign - four square feet maximum size
            3.   Canopy/Awning Sign - 20% of the area of the angled face constructed of cloth or canvas no reflective or glossy materials or illuminated plastic.
            4.   Window Sign (vinyl, gold leaf or substantially similar materials)
               A.   Second floor tenant - 20% of the total window area on which the sign is located.
               B.   Ground floor tenant - 15% of the total window area.
         (b)   One ground sign is permitted not exceeding 12 square feet, maximum height four feet and containing the name of the development only and a minimum of five feet from the right-of-way provided it does not interfere with easements or vision corner clearance requirements. A landscape bed shall be provided around the base of the ground sign radiating a minimum distance of four feet from the sign base.  Landscaped areas shall be substantially covered with annuals, ground covers, perennials, shrubs, ornamental grass, and ornamental trees providing a mixture of the above.
         (c)   All signs shall be externally lit.
         (d)   Signs shall be made of materials consistent with the character of the buildings and district. Materials may include painted or natural wood, stone, copper, brass, galvanized steel, or engraved facade surface.
         (e)   Maximum of two signs per tenant based on the standards above. No tenant shall have the same type of sign on the same facade.
      (10)   Landscaping.  Landscaping should enhance but not obscure buildings and vistas while walkways should take advantage of, and derive access to views, open space, and environmental features that are important to the Village Center Planned Development District. It is encouraged that the landscape design enhance the pedestrian environment and complement the building and site design.
         (a)   1.   Building base landscaping shall be provided at the base of all buildings elevations that do not directly abut hardscapes such as sidewalks or plazas/public greenspace. Building base landscaping shall contain a minimum of one small shade tree, one ornamental tree, and six shrubs per 100 linear feet of stand-alone building perimeter. If building base landscaping requirements cannot be installed due to its proximity to a hardscape, then landscaping may be installed elsewhere to fulfill the building base landscaping requirements as approved by the Plan Commission and Council.
            2.   Alternate locations (adjacent to site) include interior courtyards, public parks, plazas, parking lots, alleys, and/or roof gardens/green roofs. Other suitable alternatives include window boxes, planters, trellises, climbing vines, espaliered trees and shrubs, and roof gardens. Sculpture groupings may also be used as a part of the landscaping. A range of landscaping materials, trees, deciduous and evergreen shrubs, ornamental grasses, groundcovers, and/or seasonal flowers shall be provided for color and visual interest.
         (b)   Planters shall be constructed of masonry or stone and have a minimum height of 30 inches and the minimum height of shrubs and/or ornamental grasses shall be 12 inches at the time of planting.
         (c)   Window boxes with flowers and freestanding planters of a scale and character appropriate to the street and main structure are encouraged.
         (d)   Parking lot landscaping is one tree for every 50 linear feet of adjacent right-of-way. A landscaping strip sufficient to maintain the landscaping shall be provided and covered with groundcover or mulch. A parking lot abutting an arterial road shall also provide shrubs three feet on center, staggered, at a minimum height of 30 inches at the time of planting. A decorative fence may be substituted for the shrubs required in the perimeter parking lot landscaping or a combination thereof.
         (e)   Internal parking lot landscaping shall include one parking island (minimum size 180-SF) for every 20 parking spaces to include one small shade tree and vegetative ground cover.
         (f)   Twenty percent of the lot area must be in landscaping including a combination of building base landscaping, perimeter parking lot landscaping, interior parking lot landscaping, hardscape, planter boxes, planter containers, etc.
         (g)   The maintenance and care of all landscape elements are the responsibility of the owner of the property. All landscaping is to be approved by the city prior to installation.
         (h)   Street trees are required to be installed as per the Noblesville Standards and Unified Development Ordinance, as amended.
      (11)   Establishment of Village Center.  Establishment of a Village Center Planned Development (VCPD) District shall require submission of a Preliminary Development Plan. This plan will establish land uses, location of buildings, architectural elevations, open spaces, detention/retention facilities, and other aspects to indicate the character of the proposed development. The approval procedure shall follow the procedure set forth for a Planned Development overlay district under § 159.109(D)(7).
      (12)   Changes to Village Center Development Plan.  Refer to § 159.109(D)(10), Changes in the Planned Development.
   (F)   Governmental Use Overlay (GUO) Districts.
      (1)   Purpose.
         (a)   Governmental Use Overlay Districts are used to allow the Plan Commission and the Common Council to consider government uses which may be either:
            1.   Uses which are not expressly permitted with the proposed district; or,
            2.   Variations from the development standards which exist for the proposed Government Use within a district.
         (b)   The approval of a GUO Zone is intended to take into consideration the fact that governmental uses are different than private uses, because a governmental unit has the right of eminent domain and has duties to provide services to its citizens.
      (2)   Definition of Governmental Use.  A “GOVERNMENTAL USE” is defined as the use of land within the zoning jurisdiction of the city by a unit of government, or a subdivision thereof, having the power of eminent domain, including any Board, Commission, or Authority which is authorized by statute.
      (3)   Applicability.  An applicant for a Governmental Use may construct a Governmental Use which is a permitted use within a district and complies with the development standards of that district without using the GUO process set out in this division. In the event a unit of government seeks to locate a use in a district where the use is not expressly permitted, or the applicant does not meet all of the development standards for the underlying district, the unit of government may seek approval of a GUO Overlay District.
      (4)   Procedure for Establishment of a GUO Overlay District.
      A GUO may be established in any zone district within the city under the following procedures:
         (a)   Preliminary Development Plan.  An applicant shall provide a petition to be filed with the Plan Commission with a plan indicating the proposed location of all improvements within the zone. The plan shall include setbacks, a landscape plan, and signage proposed within the zone. The petitioner shall also include an ordinance effecting the Governmental Use Overlay District and containing a list of any deviations from the applicable standards.
         (b)   The Director of Planning and Development or his staff shall review the plan and shall file a report identifying any concerns regarding the governmental use, taking into consideration the following:
            1.   Whether or not the governmental use is substantially consistent with the orderly development of the lands contiguous to and near the proposed development;
            2.   Whether or not the proposed use promotes orderly development and preservation of property values near the governmental use;
            3.   The reasonableness of the proposed land use, taking into consideration all surrounding land uses and the zoning district in which the governmental use is proposed;
            4.   The economic and environmental impact of the use on the surrounding area;
            5.   The kind or function of the land use involved;
            6.   The availability of alternative locations for the petitioning governmental unit to locate their land use;
            7.   Any attempts to minimize the detriments to adjacent landowners;
            8.   The nature and scope of the use by the petitioning government unit;
            9.   The essential use to the community of the governmental use;
            10.   The need for the specific site chosen by the petitioning governmental unit as compared to any adverse impact;
            11.   The social utility of the proposed governmental use;
            12.   The possible frustration of the governmental function of the unit of government;
            13.   The existing or immediate past use of the proposed site;
            14.   Any other factors which the staff deems reasonable to evaluate the proposed governmental use and the public utility thereof.
         (c)   Public Hearing.  The City Plan Commission shall hold a public hearing on each application for approval of a Governmental Use Overlay district in accordance with § 159.044 “Amendments.” The Commission may forward to the Common Council a favorable recommendation, an unfavorable recommendation, or no recommendation on the plans submitted. It may also recommend amendments to the plan or imposition of reasonable conditions upon its approval, including the recording of covenants. Upon action by the Plan Commission, a petition shall be forwarded to the Common Council within 15 days.
         (d)   Action by the Common Council. The Common Council shall act upon the recommendation by considering a GUO Overlay Ordinance with 30 days after receipt of the Plan Commission’s report. The Ordinance shall include any and all deviations from the applicable development standards set forth in this chapter. The Common Council may approve with modifications, refer back to the Plan Commission, disapprove, or provide written explanations to the petitioner on why an extension is required by the Common Council for action. The time period for action shall be exclusive of any time extensions or continuances requested by the petition. The Common Council action shall be based upon the record of the Plan Commission and shall take into consideration all of the factors set out in division (F)(4)(b) above.
      (5)   Affect of the Preliminary Development Plan.  Approval of the Preliminary Development Plan shall not constitute approval of the Governmental Overlay District or the detailed development plan. The approval of the Preliminary Plan shall be deemed as an expression of the concepts and details of the Preliminary Development Plan.
      (6)   Detailed Development Plan.  A Detailed Development Plan that specifically designates the Development Plan for the governmental use shall be filed with the Director of Planning. In the event the Director believes that the Detailed Development Plan substantially complies with the terms and conditions of the action by the Common Council, the Detailed Development Plan shall be approved and improvement location permits may be issued consistent with the plan, upon compliance with all other legal prerequisites for the issuance of improvement location permits.
   (G)   Wellhead Protection Overlay District.
      (1)   Purpose. The purpose of the Wellhead Protection Overlay District is to provide protection to the public water supply system from land uses which might threaten its ability to provide the community safe drinking water.
      (2)   Applicability.
         (a)   The following requirements apply to all land within the Wellhead Protection Zones, as defined in division (3) below and Exhibit A Wellhead Protection Areas for the City of Noblesville as attached to Ordinance 54-7-05, with the exceptions of single and multi-family residential land uses connected to municipal sanitary and storm sewers.
         (b)   No building, structure, premises, or part thereof shall be constructed, erected, enlarged, extended, or relocated except in conformity with these regulations and for uses permitted by this division (H) and until the proposed site and land use description has been filed with and approved by the Director of Planning and Development.
      (3)   Location. For purposes of this section, the following areas are designated as Wellfield Protection Zones as per Exhibit A Wellhead Protection Areas for the City of Noblesville as attached to Ordinance 54-7-05:
         (a)   Zone 1.
            1.   The area contained within a one year time-of-travel to a public water supply well or wellfield as defined by a modeled delineation performed in compliance with 327 IAC 8-4.1; or
            2.   The areas within 1,000 feet of a public water supply well.
         (b)   Zone 2.
            1.   The area contained within a five-year time-of-travel to a public water supply well or wellfield as defined by a modeled delineation performed in compliance with 327 IAC 8-4.1; or
            2.   The areas within 3,000 feet of a public water supply well.
      (4)   Development Plan.
         (a)   Development Plan Required.  Unless otherwise exempted under division (4)(b) below, any proposed land use within a Wellhead Protection Zone must submit a Site and Development Plan, as described in division (4)(d) below.
         (b)   Exemptions.  The following are not required to submit Site and Development Plans:
            1.   Zone 1 district. Any land use, in the ordinary course of their business, that has, or will have, less than the threshold amount of one gallon of liquids in the aggregate or six pounds of water soluble solids; and
            2.   Zone 2 district.  Any land use, in the ordinary course of their business, that has, or will have, less than the threshold amount of 100 gallons of liquid in the aggregate or 600 pounds of water soluble solids in the aggregate.
            3.   Exemptions. In determining thresholds, the following substances shall be exempted:
               a.   Reasonable quantities of substances used for routine building and yard maintenance stored inside a facility;
               b.   Liquids required for normal operation of a motor vehicle in use in that vehicle;
               c.   Substances contained within vehicles for bulk deliveries to the site;
               d.   Beverages and food at restaurants, supermarkets, convenience stores, and other retail food establishments;
               e.   Uncontaminated public water supply water, groundwater and/or surface water;
               f.   Substances, which are packaged in pre-sealed containers, sold at retail establishments;
               g.   Substances utilized for the production and treatment of public water supply; and
               h.   Substances, which due to their inherent chemical or physical properties, that are determined to pose no significant threat to groundwater quality.
         (c)   Plan Review.  Property located within Zones 1 and 2 proposed for new construction or expansion of existing facilities shall prepare and submit a description of said construction or expansion and the new or expanded use of the property. The site description shall be submitted to the Director of Planning and Development for review and either approved, disapproved, or approved with conditions. The Director of Planning and Development may solicit comments from the Hamilton County Health Department and the applicable water utility on the site and development plan. In reviewing the site and land use description, the Director of Planning and Development shall assess whether the site and proposed land use:
            1.   Will prevent potential ground water contaminants association with human activity from interfering with each community public water supply system’s ability to produce drinking water that meets all applicable Federal and State drinking water standards after undergoing conventional ground water treatment, as employed by the public water supply system. These treatment processes include, but are not limited to aeration, detention, pressure filtration, and disinfection;
            2.   Will not unreasonably endanger the quality of groundwater in a designated wellhead protection area. an unreasonable risk includes, but is not limited to, the inappropriate storage, handling, use and/or production of metals, inorganic compounds, semi-volatile organic compounds or other substances listed at 40 CFR Part 355, or defined at Chapter 4 of the Hamilton County Code, “Hazardous Material Emergencies” (10-4-4-1) within a wellhead protection area; and
            3.   The site complies with the standards and prohibitions listed in division (G)(5) below.
         (d)   Plan Documentation and Supporting Information.  Said Site and Development Plans shall include the following:
            1.   A narrative report of the proposed site, including:
               a.   A narrative description of the site including any existing uses, setbacks, available sewage disposal facilities, and a brief history of the site (including any former uses, historical environmental concerns, abandoned wells, underground storage tanks, septic systems, etc.);
               b.   Description of the proposed operations, including chemical/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/maintenance procedures;
               c.   Methods and locations of receiving, handling, storing and shipping chemicals/products and wastes;
               d.   Spill or release response measures and reporting;
               e.   Description of slopes near containment vessels and waste storage areas.
            2.   A Site Plan including:
               a.   A Vicinity Map (USGS quadrangle preferred);
               b.   A site Map (drawn to scale) depicting:
                  (i)   All existing and proposed structures;
                  (ii)   Paved and non-paved areas;
                  (iii)   Utility lines (inside and outside structures) including sanitary sewers, storm sewers, storm retention ditches/basins/french drains/dry wells, etc. (both proposed and existing);
                  (iv)   Floor drain locations and outlets;
                  (v)   Chemical/product storage locations;
                  (vi)   Waste storage locations;
                  (vii)   Liquid transfer areas;
                  (viii)   Site surface water bodies (streams, rivers, ponds);
                  (ix)   Underground storage tanks (and associated piping);
                  x.   Aboveground storage tanks (and associated piping);
                  xi.   Slope and contours of finished grade at two-foot intervals.
            3.   Proposed containment area detail drawings, including area, heights, materials, specifications, if applicable.
      (5)   Development Standards and Prohibitions.
         (a)   Except for single-family residences (with sewage flows under 750 gallons per day), all development shall be connected to municipal sanitary sewers or combined sewers. Floor drains, if present, must be connected to sanitary sewers or combined sewers or routed to a temporary holding area for removal;
         (b)   No surface impoundments, pits, ponds or lagoons shall be established except for:
            1.   Storm water detention and retention ponds; and
            2.   Recreation, landscaping, or public water supply purposes.
         (c)   In Zone 1, detention and retention ponds shall be constructed in a manner that provides an effective barrier to the migration of potential ground water contaminants into ground water, as demonstrated by sealing the bottom of the structure with clay or other approved low permeability material.
         (d)   The following restrictions apply to new storage areas in Zone 1:
            1.   No above ground storage of liquid and/or petroleum of greater than 1,000 gallons in aggregate;
            2.   No storage of water-soluble solids of more than 6,000 pounds per container in any one containment area;
            3.   No new underground storage tanks (USTs) are permitted.
         (e)   All above ground storage of liquids in excess of 40 gallons for more than 24 hours within Zones 1 and 2 must provide secondary containment that meets the following requirements:
            1.   Containment must be   capable of containing 110% of the volume of the tank or tanks;
            2.   Constructed to meet one of the following:
               a.   Designed to prevent and control the escape of the contaminants into ground water for a minimum of 72 hours before removal; or
               b.   Designed and built with an outer shell and a space between the tank wall and outer shell that allows and includes interstitial monitoring;
            3.   The secondary containment structure shall be properly maintained and shall be free of vegetation, cracks, open seams, open drains, siphons, or other openings that jeopardize the integrity of the structure; and
            4.   Secondary containment systems shall be designed so that the intrusion of precipitation is inhibited or that stormwater is removed to maintain system capacity.
         (f)   In Zone 1, the following requirements apply to existing fuel dispensing facilities and associated underground storage tanks (UDTs) which are to be replaced or upgraded:
            1.   All USTs shall be double walled;
            2.   All USTs shall include the following three methods of release detection:
               a.   Inventory control as defined in 40 CFR 280.43(a);
               b.   Monthly 0.2 in-tank leak test as defined in 40 CFR 280.43(d);
               c.   Interstitial monitoring of a double walled approved UST as defined by 40 CFR 280.43(g).
            3.   Connected piping must include the following three methods of release detection:
               a.   Inventory control;
               b.   Continuous detection for 3 gallon per hour line leak, as specified in 40 CFR 280.44(a) except that automatic shutoff is required at 95% tank capacity; and
               c.   Double walled line that is continuously monitored to detect the presence of liquid in the interstitial space and provided an alarm as specified in 40 CFR 280.44c via 40 CFR 280.43g.
         (g)   In Zone 2, the requirements of 40 CFR Part 280 apply to all existing, registered USTs that are replaced or upgraded and USTs installed at new fuel dispensing facilities. In addition, the construction  standards of 40 CFR Part 280, applicable to non-petroleum USTs, shall be applicable to the following in Zone 2:
            1.   Such a tank that is covered by State or federal hazardous waste regulations; and
            2.   Heating oil tanks for on-site use.
         (h)   All Class V Injection Wells (including but not limited to dry wells, large-capacity cesspools, motor vehicle waste disposal wells, or other injection wells as defined at 40 CFR 146) shall be prohibit d with the exception of the following:
            1.   Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump, if non-contact;
            2.   Cooling water return flow wells used to inject water previously used for cooling, if non-contact;
            3.   Barrier recharge wells used to replenish the water in an aquifer or to improve ground water quality, provided the injected fluid does not contain potential ground water contaminants;
and
            4.   Wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power, if non-contact.
         (i)   The transfer area for bulk delivery of liquids shall be required to accommodate and contain a release that occurs during loading and unloading of a tank as follows:
            1.   The liquid transfer are shall be constructed in a manner to prevent a release in the transfer area from reaching the ground water; and
            2.   The portion of the liquid transfer area intended to contain releases shall be maintained so that it is free of vegetation, cracks, open seams, open drains, siphons, or other openings that jeopardizes the integrity of the area.
         (j)   No disposal of solid waste, as defined at 329 IAC 10-2-174, or other hazardous materials as defined at 40 CFR Part 355, or defined at Chapter 4 of the Hamilton County Code, “Hazardous Material Emergencies” (10-4-4-1) shall be permitted in either Zone 1 or Zone 2.
         (k)   The following requirements apply to all excavation activities associated with the removal of sand and gravel materials:
            1.   If the extraction of sand and gravel involves the removal of materials below the normal groundwater level, the work shall be performed by means of a dragline, floating dredge, or an alternative “wet” excavation method.
            2.   There shall be no de-watering of sites utilized for sand and gravel extraction.
            3.   No form of solid waste (as defined at 329 IAC 10-2-174) or any other form of waste material of any kind, including but not limited to construction/demolition debris, shall be used on the site. Clean natural earth fill materials may be used without restriction as to origin or placement on-site.
            4.   All fuels, oils, lubricants, hydraulic fluids, petroleum products, or other similar materials on site shall have appropriate secondary containment, as specified in division (H)(5)(e) above.
Table 7a.  Development Standards and Prohibitions by Land Use and Overlay Zoning District
Land Use
Overlay Zoning District
Zone 1
(One Year TOT)
Zone 2
(Five Year TOT)
Land Use
Overlay Zoning District
Zone 1
(One Year TOT)
Zone 2
(Five Year TOT)
Sanitary land fills
Prohibited
Prohibited
On-Site Sewage Disposal (Commercial Facilities)
Prohibited
Prohibited
Sand and Gravel Mining
Allowed
•   Must use “wet” excavation
•   Excavation can be filled only with clean fill
Allowed
•   Must use “wet” excavation
•   Excavation can be filled only with clean fill
Surface Impoundments
(e.g. pits, ponds & lagoons)
Prohibited
•   Exceptions for stormwater, recreation, etc.
Prohibited
•   Exceptions for stormwater, recreation, etc.
Detention and Retention Basins
Allowed
•   Must be lined
No Restrictions
New ASTs(>1,000 gallons)
Prohibited
Allowed
•   Must have secondary containment at 110% of volume
New ASTs(<1,000 gallons)
Allowed
•   Must have secondary containment at 110% of volume
Allowed
•   Must have secondary containment at 110% of volume
Existing ASTs
Allowed
•   Must have secondary  containment at 110% of volume
Allowed
•   Must have secondary containment at 110% of volume
Storage of Water Soluble Solids
Prohibited
(In excess of 6,000 lbs)
Allowed
•   must prevent release to ground, and
•   be appropriately maintained
New USTs
Prohibited
Allowed
•   Must meet all requirements of 40 CFR Part 280
Existing USTs
Allowed
•   Must be double-walled
•   Must include leak detection (40 CFR 280.43)
•   Must have release detection on connection piping (40 CFR 240.44)
Allowed
•   Must meet all requirements of 40 CFR Part 280
Class 5 Injection Wells
(e.g., dry wells)
Prohibited
Prohibited
Liquid Transfer Areas
Allowed
•   Must prevent release to ground, and
•   Must be appropriately maintained
Allowed
•   Must prevent release to ground, and
•   Must be appropriately maintained
 
   (H)   Federal Hill Planned Development District (FeHiPD).
      (1)   Purpose and procedures.  The purpose of the Federal Hill Planned Development (FeHiPD) district is to enhance redevelopment potential and to integrate development with downtown Noblesville. This district is intended to provide for a western extension of downtown Noblesville by offering standards for building architecture, location of accessory parking and pedestrian-oriented features as well as provisions for land uses complimentary to the downtown, Riverview Hospital, and Forest Park. Within this district are a number of subdistricts that represent various physical character areas. Although the FeHiPD district shall be developed in a unified and coordinated fashion, each of the subdistricts has a tailored purpose, use, bulk and site development standards reflective of its location, function, and desired appearance within the Federal Hill area. It is the intent of this district to augment other bulk requirements of the Unified Development Ordinance. When not specifically addressed by this district, the bulk standards of the Unified Development Ordinance shall apply.
         (a)   Review procedures. 
            1.   All development within the FeHiPD District shall be subject to site plan review, Unified Development Ordinance subdivision regulations, and site development standards, in addition to the use, bulk, and site development standards of this part. All types of development proposals shall be required to be reviewed as detailed development plans in accordance with the requirements of the Federal Hill Planned Development district and the Unified Development Ordinance.
               A.   All proposed subdivisions.
               B.   All development proposals in the Mixed Residential Subdistrict (unless otherwise specified).
               C.   All development proposals that include requests for any exceptions from the standards listed for this district and/or subdistricts.
               D.   All development proposals in the FH Flood Hazard Zoning District.
               E.   All proposed uses listed as Special Considerations in Appendix C-1. These uses are not assumed permitted by-right and thus, there shall be no presumption of their approval.
            2.   Process of the detailed development plan shall always include the review and approval of the Technical Advisory Committee. Should all the requirements of the Federal Hill Planned Development district be met; only additional administrative review by the Planning Department Staff is required; however, if the requirements of said district cannot be met, then the process requires a public hearing before the Plan Commission and Common Council seeking relief for any waivers from the Federal Hill Planned Development district.
      (2)   Establishment of subdistricts.  The city hereby creates a set of subdistricts that represent physical character areas within the FeHiPD District. The subdistricts are as follows:
         (a)   Riverwalk Subdistrict.
            1.   Purpose and applicability.  The purpose of the Riverwalk Subdistrict is to offer the community public gathering and celebration space, to provide opportunities to view and interact with the White River, to provide scenic pedestrian connections to other existing and proposed paths, to offer recreation and sporting attractions, and to provide a continuous natural green amenity that acts as a regional destination.
            2.   Use requirements. In recognition of the environmental factors associated with the White River, uses in the Riverwalk Subdistrict is limited to cultural and recreational. Permanent structures are also limited. The complete use matrix is contained in Appendix C-1.
         (b)   West Logan Street Corridor Subdistrict.
            1.   Purpose and applicability.  The purpose of the West Logan Street Corridor Subdistrict is to create a high-density mixed-use activity center for the Federal Hill area, to provide outstanding, comfortable pedestrian-friendly and visually attractive streets and sidewalks, to create an energetic and vibrant gathering space for residents and visitors, to link other Federal Hill districts, to create a hospitality district for visitors to Noblesville, to provide space for continuing education, workforce development and adult training, and to provide space for conventions, gatherings and events.
            2.   Use requirements.  A mix of commercial, office uses, and residential uses located on the second floor or above shall be permitted in the West Logan Street Corridor Subdistrict, in accordance with an approved Land Use and Subdistricts map. Where indicated on the map, commercial uses shall be designed in a pedestrian-oriented manner. The complete use matrix is contained in Appendix C-1.
         (c)   Professional Office Subdistrict.
            1.   Purpose and applicability. The purpose of the Professional Office Subdistrict is to establish a planned and well-connected location for new office and business development, to better integrate new office and professional development within the Federal Hill area, to provide a concentration of office and professional uses near the government center, to provide space to grow and extend downtown’s office capacity and to provide a daytime population that can patronize downtown businesses.
            2.   Use requirements. A mix of commercial and office uses shall be permitted in the Professional Office Subdistrict, in accordance with an approved Land Use and Subdistricts map. Where indicated on the map, commercial uses shall be designed in a pedestrian-oriented manner. The complete use matrix is contained in Appendix C-1.
         (d)   Hospital Subdistrict.
            1.   Purpose and applicability.  The purpose of the Hospital Subdistrict is to establish a formal and well-defined medical services campus, to leverage the physical and economic potential of the medical services market, to improve the local employment base, and to better integrate Riverview Hospital and its future growth needs to the Federal Hill.
            2.   Use requirements. A mix of medical and professional office uses shall be permitted in the Hospital Subdistrict, in accordance with an approved Land Use and Subdistricts map. The complete use matrix is contained in Appendix C-1.
         (e)   Mixed Residential District.
            1.   Purpose and applicability.  The purpose of the Mixed Residential Subdistrict is to address areas where a diversity of residential uses is appropriate within the Federal Hill Planned Development District. The range of residential uses that are permitted within this Subdistrict include single family attached and multiple family residential, provided it is designed in an integrated manner. The design standards included within this section are intended to ensure that residential development within the Federal Hill district is attractive, and yet remains affordable.
            2.   Use requirements. A mix of residential uses shall be permitted in the Mixed Residential subdistrict, in accordance with an approved Land Use and Subdistricts map. The complete use matrix is contained in Appendix C-1.
      (3)   Public right-of-way and infrastructure improvements.
         (a)   Improvements.  Unifying streetscape elements must be provided at adjacent public rights-of-way, including streetlights, street trees, sodded parkways, continuous sidewalks, and hike/bike trails where appropriate.
            1.   Sidewalks.
               A.   Along properties fronting West Logan Street, a continuous 15 foot public sidewalk shall be provided outside of the public right-of-way, per city specifications, making connections to sidewalks at adjacent properties. An access easement shall be recorded against the deed of the appropriate property.
               B.   Along all other public road frontages, a continuous five foot public sidewalk shall be provided within the public right-of-way, per city specifications, making connections to sidewalks at adjacent properties. Where space permits, sidewalks must be set no closer than five feet to the curb line or as approved by the City Engineer.
               C.   Public sidewalk configuration must provide direct access to curbside transit stops where appropriate. These access points shall be compliant with the American with Disabilities Act (ADA) and installed pursuant to city/federal regulations.
               D.   Hike/bike trails and trailheads shall be provided where indicated on the Noblesville Alternative Transportation Plan (NAT), per city specifications, making connections to trail segments at adjacent properties.
            2.   Landscaping.
               A.   Deciduous street trees of 2.5 to 3-inch caliper at the rate of one tree for every 40 linear feet of right-of-way are required in an eight-foot wide grass strip. Street trees shall be planted in the right-of-way unless circumstances do not allow and as approved in a "streetscape" plan approved by the Director of Planning and Development. Permitted tree species shall be those listed on the approved planting lists of the City of Noblesville.
               B.   Unpaved portions of the right-of-way shall be established in turf.
            3.   Detention.
               A.   Detention/retention ponds shall be located and designed to be natural in appearance and enhance the entry sequence and/or view of buildings.
               B.   Wet detention facilities and water features, side slopes above the water line shall not exceed 4:1, and wetland/aquatic vegetation shall be planted around at least 75% of the wet area perimeter. The maximum "freeboard" of all detention areas shall not exceed three feet. All detention facilities shall be required to install safety ledges pursuant to the requirements of the Unified Development Ordinance and as approved by the City Engineer.
               C.   Dry detention areas shall maintain a maximum slope of 4:1, and shall be graded to harmonize with the overall open space design of the site.
      (4)   General regulations.
         (a)   Non-residential site planning regulations.
            1.   Commercial uses shall be "master planned" in conjunction with adjacent office uses to facilitate efficient circulation and shared parking.
            2.   Where developments include several buildings, they shall be grouped to create outdoor spaces/plazas.
            3.   No accessory structure shall be located within any required setback.
            4.   Equipment.
               A.   No storage areas, trash receptacles/ enclosures, or mechanical equipment shall be located within any required yard setback and shall not be located in the front yard and as per the requirements of the Unified Development Ordinance.
               B.   Mechanical equipment, trash receptacles, and satellite dishes shall be completely and permanently screened from view of public rights-of-way and adjoining properties. Mechanical equipment and satellite dishes attached to the ground shall include a solid wall or fence enclosure and of materials that match the principal building. When roof mounted, screening methods may include parapet walls or other architectural treatments approved by the Planning Director. All trash receptacle enclosures shall adhere to the requirements as per §§ 159.180 et seq.
               C.   The colors and materials of all screening methods shall match and be in coordination with the colors and materials of the principal building.
            5.   Drive thru.
               A.    Vehicular drive thru uses are prohibited in the Federal Hill Planned Development.
            6.   Lighting.
               A.   Light standards shall not exceed 25 feet in height (measured from the grade to the top of the light standard), and shall be of a consistent type/style/finish throughout the site. If adjacent to a residential district, light standards shall not exceed 15 feet in height within 150 feet of the lot line. Light intensity on sites that are adjacent to a residential district shall be no more than one half (.5) foot-candle as measured along property lines that abut the residential district.
               B.   Light standards that are used must be approved by the city prior to their use, and the illumination of the standards shall be subject to the standards of the Unified Development Ordinance.
               C.   Lighting shall serve only to illuminate signage, parking/loading areas, walkways and entrances, or to accent landscaping and architectural details.
               D.   Colored, exposed neon, LED, tubing, and flashing or moving lights, or similar types of lighting are prohibited.
               E.   All lights shall be installed in a manner to best hide and shield point source lighting.
            7.   Circulation.
               A.   Off-street pedestrian and auto connections shall be provided between sites where feasible, especially between office and commercial uses.
               B.   Pedestrian and bicycle routes shall be delineated within private developments, and connect to the public sidewalk and the city's trail system.
               C.   Adequate on-site areas must be provided for truck access, maneuvering, loading, and storage. These on-site areas shall not be located fronting a street and as per the requirements as set forth in §§ 159.140 et seq. If the parcel(s) to be developed have frontage on more than one street, the location shall be approved by the Director of Planning and Development.
            8.   Access regulations.
               A.   Roads and driveway cuts must be aligned to create four-way intersections. Access points located on opposite sides of the street should be designed to line up the respective left turn lanes, where the road has no center median.
               B.   Curb cuts are not permitted within 350 feet of an intersection on any arterial street, or within 300 feet of an intersection on any collector street.
               C.   Where permitted, outlots in commercial and mixed developments shall only be accessed from internal roadways, and shall share driveways and parking lots wherever feasible.
               D.   Direct access from State Road 32 to development sites is prohibited. Direct access from secondary arterials may not occur more frequently than once every 400 feet or as approved by the City Engineer.
            9.   Bulk requirements. The following requirements apply to all subdistricts:
   Table 8.H.4 Bulk Requirements for Federal Hill Subdistricts
Requirements
Riverwalk
West Logan Street Corridor
Professional Office
Hospital
Mixed Residential
Requirements
Riverwalk
West Logan Street Corridor
Professional Office
Hospital
Mixed Residential
Minimum Lot Area
None
3,000 SF
5,000 SF
5 acres
NA
Minimum Lot Width
None
20 feet
40 feet
100 feel
20 feel
Maximum Impervious Surface
80%
None
80%
80%
80%
Building Height
Maximum
Principal Buildings:
None
60 feet
60 feet
60 feet
60 feet
Accessory Structures:1
None
14 feet
14 feet
14 feet
14 feet
Minimum2
All Structures:
None
24 feet and two stories
12 feet and one story
24 feet and two stories
24 feet or two stories
Front Yard Setback
Minimum
State Roads 32 & 19
10 feet
20 feet
20 feet
20 feet
NA
Local
10 feet
None
None
20 feet
NA
Maximum
West Logan Street
None
5 feet
N/A
N/A
NA
Minimum Side and Rear Yard Setback (not abutting a public right-of-way)
None
None
None
15 feet
None
Minimum Building Size
None
5,000 SF
5,000 SF
40,000 SF
1,000 SF
Density
Single Family Attached Multi-Family
NA
NA
NA
NA
Maximum 14 dwelling units per acre
Minimum Floor Area Single Family Attached Multi-Family
NA
NA
NA
NA
700 SF
 
NOTES:
1   Accessory buildings should not exceed principal building height or the maximum height allowable, whichever is less.
2   Story height shall be determined by the number of stories from grade as viewed from the street to which the front of the building is oriented.
         (b)   Residential general regulations.
            1.   Existing residential uses in non-residential subdistricts.  The following site development standards shall apply to all subdistricts within the FeHiPD District, with the exception of the Mixed Residential Subdistrict.
            2.   Authority to continue residential uses.  Where, at the time of adoption of an ordinance that assigns the FeHiPD Federal Hill Planned Development District to a Noblesville Jurisdictional zoning map, lawful residential uses of land which exist and would not be permitted by the regulations imposed by the FeHiPD, may be continued so long as they remain otherwise lawful, subject to the following provisions.
               A.   Enlargement/improvement of existing residential structure.  Such nonconforming uses may be enlarged or increased to occupy a greater area of land than was occupied at the effective date of rezone so long as such improvements do not result in an increase of the value of the structure by more than 50% of the pre-improvement value.
               B.   Moving a residential structure.  No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of the rezone.
               C.   Termination by discontinuance or abandonment of use.  If any such nonconforming uses of land are discontinued or abandoned for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
               D.   New construction of residential buildings.  The only new structures that shall be permitted shall be clearly accessory to the existing residential use of the property and shall adhere to the standards for accessory structures as outlined in § 159.121. No additional homes or separate living units shall be constructed in the FeHiPD district unless such uses are permitted uses in the land use subdistrict area and meets the requirements of the Federal Hill Planned Development district.
               E.   Damage or destruction.  Should such nonconforming residential structures be destroyed or damaged by any means, then the home may be reconstructed in a manner equal to the fair market value of the building immediately prior to the damage.
            3.   Underlying standards. Any residential improvements inside the FeHiPD district involving lawful non-conforming residences excluding mobile home units located in an approved Mobile Home Park, shall adhere to the underlying developmental standards of the R2 (Low to Moderate Density Single-Family Residential) district.
            4.   All lawful nonconforming non-residential uses and/or structures shall adhere to the requirements of §§ 159.220 et seq. (Nonconforming Uses and Structures).
         (c)   Mixed Residential Subdistrict regulations.  In the Mixed Residential Subdistrict, the following design guidelines shall be utilized in evaluation of the proposed planned development proposal. Design standards within this subdistrict are required.
            1.   Guidelines for single-family attached and multiple-family buildings.
               A.   Each development should have standards for uniform streetlights, mailboxes, fencing, sidewalks, and similar structures.
               B.   A 30-foot buffer yard shall be maintained along the railroad right-of-way. No structures, permanent or temporary, shall be permitted within the 30-foot buffer yard with the exception of fences. Inside the 30-foot landscape buffer, trees shall be planted at a minimum rate of one tree per 40 linear feet and mounding shall be required as approved during the Planned Development process.
               C.   Common open space and recreational facilities shall consist of a minimum of 15% of the site. This open space area must be active in nature, and shall not include public rights-of-way, easements, floodplain areas, or landscape setback areas. Large open space and retention areas (generally larger than 10,000 square feet) may only be counted if they are improved to include active and passive amenities. Generally, wet detention facilities or impervious surfaces shall not count toward the 15% requirement.
               D.   Local streets should be extended to provide access between adjoining neighborhoods at appropriate intervals. Streets should generally be designed in a grid network and cul-de-sacs are discouraged.
               E.   All buildings should be designed to be oriented toward the street. Where larger developments are designed with internal circulation systems, ai least some dwelling units should be oriented to the exterior of the development to promote connection and integration of the multiple family developments with adjacent uses. Townhouse or multiple-family developments, which are oriented with the sidewalls facing the street, are discouraged.
               F.   All buildings should have one main entrance for each unit or one main entrance for the building that faces the street at an angle of no more than 45 degrees from the street, and opens onto a porch or a stoop. All buildings should be designed with building entrances, rather than garage doors fronting on the street at the ground floor level.
               G.   Attached garages should be located at the rear of the dwelling unit, and face the interior of the development, rather than the street.
      (5)   Architectural standards.
         (a)   Architectural review procedure.
            1.   Architectural review shall be required for all residential uses pursuant to the standards of §§ 159.105 et seq. and §§ 159.025 et seq.
            2.   With regard to non-residential uses, architectural plans for all primary and accessory buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size, and type of structures. A complete set of color 360-degree building/structure elevations detailing the front, rear, and opposite side views of each proposed above ground structure shall be provided. Key exterior elements such as materials, windows, architectural breaks, and the like must be rendered in sufficient detail and accompanied by clear descriptions of materials specifications, colors, and textures.
               a.   If the architectural standards of the FeHiPD district are met, the review of the architectural plans shall be completed by Planning Staff. Appeals of Staff’s interpretations shall go to the Architectural Review Board who shall render a decision pursuant to the procedures established.
               b.   If the architectural standards for residential or non-residential buildings/structures located within the FeHiPD district cannot be met, then the Architectural Review Board shall render a decision pursuant to the procedures established.
         (b)   Subdistrict specific architecture requirements.
            1.   Riverwalk Subdistrict.
               A.   New Structures are restricted in the Riverwalk Subdistrict due to the Flood Hazard District regulations. Should the Plan Commission and state or federal agencies allow a structure to be permitted, the West Logan Street Corridor Subdistrict architecture requirements shall be followed.
            2.   West Logan Street Corridor Subdistrict.
               A.   General requirements.
                  i.   All new construction shall reflect the vertical design character of the existing downtown streetscape. The emphasis on the vertical design character shall be carried through on the storefront treatment and the proportions of upper windows for commercial buildings.
                  ii.   All new buildings shall be a minimum of two stories and a maximum of four stories.
                  iii.   High quality building design and construction shall be provided on all elevations (360-degree architectural treatment).
                  iv.   Multiple buildings in developments (including accessory buildings) must incorporate coordinated architectural styles, materials, forms, features, colors and applied elements to visually tie the development together.
                  v.   Signage, fencing, walls, and other amenities (benches, lights) must be integrated with building design and landscaping.
               B.   Facades.
                  i.   Facade treatments shall be designed to break large facade areas into smaller facades by utilizing architectural variety in the form of offsets, lintels, expression lines or cornices; changes in texture, color or masonry pattern; and/or pilasters, piers or columns. Building facades that are blank or windowless shall be prohibited.
                  ii.   Buildings shall be designed so that there is distinct architectural differentiation between the ground floor and the floors above, such as incorporating differences in floor-to-ceiling heights, using building trim and accent elements, changing materials or textures, or adding an awning or canopy between the first and upper stories.
                  iii.   Exterior materials must be consistent on all facades, and material/finish changes shall relate to the "structure" of the building.
                  iv.   Colors used on building facades must be complementary. Natural, muted colors should serve as the primary facade color, with brighter analogous color used only as limited accents.
                  v.   Main building entrances must be prominently featured through porticos, recessed entrances and lighting. Weather protection should be provided at all entrances.
               C.   Building materials.
                  i.   Primary building materials (minimum 60% of the facade) must be brick, stone or glass.
                  ii.   Secondary building materials (maximum 30% of the facade) may be decorative block or stucco.
                  iii.   Accent materials (maximum 10% of the facade) may be wood or metal if integrated into the overall design.
                  iv.   No corrugated metal, sheet metal, iron, plain concrete block, vinyl or similar materials allowed.
               D.   Building trim.
                  i.   The use of accent and trim elements (accent panels, banding, cornices, canopies/awnings, etc.) is recommended to add visual interest and break down the scale of facades.
               E.   Windows and doors.
                  i.   A minimum of 60% of the store- front/ground floor facade shall be clear glass windows and doorways.
                  ii.   The window treatment for the upper floors shall be different from the window treatment for the ground floor facade. Upper floors shall have individual window openings rather than a continuous band of windows.
                  iii.   Reflective or tinted glass, opaque materials, shelving units, or similar materials that impede views into storefront/ground floor of a building are prohibited.
                  iv.   Store entrances may be recessed 3-6 feet into the building face so a door may open outwards without obstructing the sidewalk.
               F.   Roofs.
                  i.   Buildings shall have flat roofs, as viewed from the street and must be enclosed by parapets.
                  ii.   All rooftop-mounted equipment must be enclosed or screened from view on all sides of a building.
                  iii.   Parapets and other screen treatments shall be composed of high quality building materials and shall blend with the design of the building in terms of color, materials, scale and height.
            3.   Professional Office Subdistrict.
               A.   Facades must incorporate three or more vertical planes, and create both a "rhythm" of facade bays or structural elements, and a horizontal division into a base, middle and top.
               B.   Main building entrances must be prominently featured through porticos, recessed entrances, lighting and landscaping. Weather protection should be provided at all entrances.
               C.   Appropriate building finish materials include: brick (clay), natural stone, simulated cut stone, finished (textured and painted) concrete, finished (textured and painted) pre-cast concrete panels, (subject to approval by the Planning Director and may not be appropriate when visible from an Arterial or Expressway), tile (ceramic or porcelain), glass (clear or lightly tinted), standing seam metal roofs, slate/imitation slate roof shingles, architectural asphalt roof shingles, and EIFS ("Dryvit") as a limited trim material only.
               D.   Inappropriate, prohibited building finish materials include wood, plywood, unfinished concrete or concrete panels, concrete masonry units, EIFS ("Dryvit") wall systems, steel or aluminum curtain wall systems, plastics, reflective glass.