§ 155.051 U.S. 50 BYPASS OVERLAY ZONE DISTRICT.
   (A)   Purpose, intent and authority.
      (1)   Statement of purpose. It is the purpose of this section to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware and other improvements that are visible to the public and affect the physical development of land within the U.S. 50 Bypass Corridor Overlay Zone.
      (2)   Statement of intent. These standards are intended to promote high quality creative development that will combine imagination, innovation and variety in the appearance of buildings and sites in the overlay zone. These standards are further intended to preserve and enhance property values and to promote the public health, safety and welfare by providing for consistent, and coordinated treatment of the property encompassed by the U.S. 50 Bypass Corridor Zone.
      (3)   Authority. Authority underlying creation of the U.S. Bypass Corridor Overlay Zone District is provided for in I.C. 36-7-4-201 et. seq. and I.C. 36-7-4-601 et. seq.
   (B)   Statement of significance.
      (1)   U.S. 50 Bypass is a limited access highway crossing south of Washington on an east/west axis within the 2 mile extraterritorial zoning jurisdiction. The corridor is expected to experience increasing pressure for commercial development in the future. Future development of this highly visible corridor will dramatically change the image of the City of Washington.
      (2)   The visibility and accessibility of the land within the corridor is unique and therefore commands the highest standards of development which stimulate substantial capital investments, encourage efficient land use, promote coordinated development, permit innovative site designs, establish development standards and preserve the integrity of the roadways within this corridor.
   (C)   Title. This portion of the Zoning Ordinance shall be known as the U.S. 50 Bypass Overlay Zone District and may be so cited and pleaded and shall be referred to herein as the U.S. 50 Bypass Overlay Zone.
   (D)   Conflict, severability.
      (1)   If any portion of this U.S. 50 Bypass Overlay Zone is found to be in conflict with any other provisions of any zoning, building, fire, safety or health ordinance of the City of Washington, the provision which establishes the higher standard shall prevail.
      (2)   If any section, subsection, sentence, clause or phase of the U.S. 50 Bypass Overlay Zone or its application to any person or circumstance is held invalid by the decision of any court or competent jurisdiction, the remainder of this U.S. 50 Bypass Overlay Zone, or the application of the provisions to other persons or circumstances is in effect and shall remain in full force.
   (E)   Jurisdiction. This section shall apply to the zoning jurisdictional area of the City of Washington, Indiana as defined below.
   (F)   Definitions.
      BOUNDARIES. The boundaries for the U.S. 50 Bypass Overlay Zone are hereby established and the Plan Commission is hereby authorized to show the boundaries on the Official Zoning Map of Washington, Indiana. The boundaries are located 1,000 feet from and on either side of the right-of-way for U.S. 50 Bypass and portions of U.S. 50.
      BUILDING FRONT. The side(s) of a building that parallels and is visible from the right-of-way of any or all of the corridor streets as hereinafter defined.
      CONDITIONAL USES. All CONDITIONAL USES which are permitted (upon obtaining conditional use authorization) in the underlying districts shall be permitted in the U.S. 50 Bypass Overlay Zones.
      CORRIDOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of U.S. 50 Bypass, having a minimum depth of 30 feet from the right-of-way line.
      FRONT YARD. That side of a lot, including any corner lot, which is closest to the right-of-way of any or all of the corridor streets as hereinafter defined.
      FRONTLIKE FACADE. The exterior portion of a structure which is not the front, but gives the appearance of a frontlike facade by the materials used in construction, architectural style and detail.
      INTERIOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of U.S. 50 Bypass Corridor streets having a minimum depth of 15 feet from the street right-of-way line.
      INTERIOR PARKING. Those parking spaces located in the interior of a parking lot which create definable parking aisles away from the periphery or edge of the lot.
      PERIPHERAL PARKING. Those parking spaces located at the edge or periphery of a parking lot.
      PERMITTED USES. All uses which are permitted in the underlying zoning districts shall be permitted in U.S. 50 Bypass Overlay Zones.
   (G)   Plan Commission approval.
      (1)   Approval by the Plan Commission or its duly appointed or designated representative shall be required for any proposed or revised development plan or structure or structural alteration in the U.S. 50 Bypass Overlay Zone.
      (2)   Plan Commission approval or the architectural design, landscaping, drainage, sewerage, parking, signage, lighting and access to the property shall be necessary prior to:
         (a)   The establishment of any use of the land;
         (b)   The issuance of any improvement location permit;
         (c)   The erection, construction or structural alteration of any building(s); or
         (d)   Modification or revision of any site development plan.
      (3)   The Plan Commission, in reviewing applications, shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items:
         (a)   Topography;
         (b)   Zoning on site;
         (c)   Surrounding zoning and existing land use;
         (d)   Streets, curbs and gutters, and sidewalks;
         (e)   Access to public streets;
         (f)   Driveway and curb cut locations in relation to other sites;
         (g)   General vehicular and pedestrian traffic;
         (h)   Internal site circulation;
         (i)   Special and general easements for public or private use;
         (j)   On-site and off-site surface and subsurface storm and water drainage;
         (k)   On-site and off-site utilities;
         (l)   The means and impact of sanitary sewage disposal and water supply technique;
         (m)   Dedication of streets and rights-of-way;
         (n)   Protective restrictions or covenants and/or recorded commitments;
         (o)   Provisions for adequate and acceptable setbacks, lighting, signage, screening, landscaping and compatibility with existing platted residential uses; and
         (p)   Effects and proposed project may have on the entire U.S. 50 Bypass Overlay Zone.
   (H)   Building design standards.
      (1)   General standards.
         (a)   All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding area.
         (b)   The quality of design goes beyond the materials of construction to include scale, mass, color, proportion, and compatibility with adjoining developments.
         (c)   Colors shall be harmonious and only the use of compatible accents shall be permitted.
         (d)   Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.
         (e)   Any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.
         (f)   Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.
      (2)   Architectural design requirements.
         (a)   Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used in this Overlay Zone which abut or are adjacent to U.S. 50 Bypass. Exceptions to this requirement may be permitted on a case by case basis by the Washington Plan Commission or its duly appointed or designated representative.
         (b)   Building facades may be constructed from masonry or glass, as defined below, or other materials or products which provide the same desired stability and quality. Products other than those listed below must be approved by the Washington Plan Commission or its duly appointed or designate representative.
            1.   Masonry construction. All masonry construction which is composed of solid, cavity, faced or veneered-wall construction, unless otherwise approved by the Plan Commission or its duly appointed or designate representative.
               a.   Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.
               b.   Brick material used for masonry construction shall be composed of hard fired (kiln-fired) all weather standard size brick for other all weather facing brick.
               c.   Concrete finish or precast concrete panel (tilt wall) construction shall be exposed aggregate, bush-hammered, sand blasted or other concrete finish as approved by the Plan Commission or its duly appointed or designate representative.
            2.   Glass walls. Includes glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads, and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.
         (c)   The materials and finishes of exposed roofs shall compliment those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of U.S. 50 Bypass or any adjacent public thoroughfare or residentially zoned or used area.
         (d)   Roof mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
         (e)   All building mechanical and electrical equipment located adjacent to the building and visible from a public thoroughfare or a residential zone or residential use shall be screened from view. The screens and enclosures shall be treated as an integral element of the building's appearance.
         (f)   The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition; free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.
         (g)   Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view from public ways.
      (3)   Relationship of buildings to site.
         (a)   The site shall be planned to accomplish a desirable transition with the street frontage and to provide for adequate planting, safe pedestrian movement, and parking area.
         (b)   Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.
         (c)   Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to attractively landscape and/or screen parking areas from view from public ways.
         (d)   Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
         (e)   Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
      (4)   Building orientation. All structures shall be sited to front onto corridor streets to give the appearance of a frontlike facade on corridor streets.
      (5)   Minimum building height. All uses shall have a minimum building height of 14 feet for flat roof structures and 16 feet for pitched roof structures.
      (6)   Minimum gross floor area. All non-residential buildings shall have a minimum of 2,000 square feet of floor area, excluding the floor area of any basement or any accessory building(s). Exceptions to this requirement will be made on a case by case basis by the Plan Commission or its duly appointed or designated representative. Accessory buildings shall not be used in the computation of floor area. Accessory buildings permitted need not meet the minimum floor requirement.
   (I)   Signage standards.
      (1)   Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials and style or signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting or every sign shall be restrained and harmonious with the building and site to which it principally relates.
      (2)   All signs, except private traffic direction signs, are prohibited in the required greenbelt areas.
      (3)   Private traffic direction signs and pavement markings for the direction and control of traffic into, out of, and within the site shall conform to the Manual on Uniform Traffic Control Devices as published by the Indiana Department of Highways.
      (4)   The integration of project signage to identify multiple businesses is encouraged.
      (5)   Off-premise signage shall be prohibited in the State U.S. 50 Bypass Overlay Zone Districts.
      (6)   All on-premise signage shall conform to the standards and requirements of the underlying districts.
      (7)   Every sign shall have good scale and proportion units designed in its visual relationship to buildings and surroundings.
      (8)   The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
      (9)   Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.
      (10)   Identification signs for standardized design such as corporation logos shall conform to the criteria of all other signs.
      (11)   Exceptions to these requirements will be made on a case by case basis by the Washington Plan Commission or its duly appointed or designated representative.
   (J)   Landscaping plan.
      (1)   Landscaping plan submitted to Plan Commission. A landscaping plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking, signage and site plans) are submitted. This plan shall be drawn to scale, including dimensions and distances, shall delineate all existing and proposed structures, private parking areas,
walks, ramps for handicapped, terraces, driveways, signs, lighting standards, steps and other driveways, signs, lighting standards, steps and other similar structures; and shall delineate the location, size and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.
      (2)   Areas to be landscaped.
         (a)   Greenbelt. The greenbelt shall be suitable landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.
         (b)   Planting adjacent to free-standing buildings.
            1.   A planting area measuring 5 feet in depth shall be installed adjacent to the front of the building. A planting area 5 feet in depth shall be installed adjacent to all other sides of the building.
            2.   Sidewalks may be permitted in these areas, but shall not occupy the entire area on any side as long as the required amount of space is landscaped, and innovative and original designs are encouraged. The adjacent planting area at the rear of a structure may be excluded if that structure is located less that 40 feet from the rear property line and sufficient peripheral planting is included to compensate for its removal.
         (c)   Peripheral planting.
            1.   There shall be peripheral landscaping strip, 10 feet in depth, located along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district.
            2.   At least 1 tree for each 50 lineal feet shall be planted in any peripheral landscaping strip.
         (d)   Planting within parking lots.
            1.   All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area.
            2.   Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less that 5% of a private parking lot shall be landscaped.
            3.   For purposes of this computation, landscaping in:
               a.   The greenbelt;
               b.   Adjacent to buildings; and
               c.   On the periphery of the lot shall not be included.
            4.   Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation isles within lots.
      (3)   Landscaping standards.
         (a)   The interior dimensions, specifications and design of any planting area or planting medium proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.
         (b)   The primary landscaping materials used in the greenbelt and adjacent to buildings shall consist of one or a combination of the following: shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc.
         (c)   The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges and other planting material may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping.
         (d)   All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of 8 feet in overall height and have a minimum trunk diameter, 12 inches above the ground of 2 inches upon planting. They should be of a variety which will attain an average mature spread greater than 20 feet.
         (e)   Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate existing trees should be conserved and integrated into the landscaping plan. Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Indigenous and other hardy plants that are harmonious to the design, and of good appearance shall be used.
         (f)   The landscaping plan shall ensure that sign distances are not obstructed for drivers of motor vehicles.
         (g)   Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to good appearance.
         (h)   Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.
         (i)   Landscape treatment shall be provided to enhance architectural features, strengthening vistas and important axis, and provide shade. Spectacular effects shall be reserved for special locations only.
         (j)   Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.
         (k)   In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
         (l)   Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged.
         (m)   Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these. Screening shall be equally effective in winter and summer.
         (n)   In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with these materials where possible.
         (o)   Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in harmony with buildings and surroundings and proportions shall be attractive.
         (p)   Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.
      (4)   Landscaping installation and maintenance.
         (a)   Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a certificate of occupancy if the permit is issued during a planting season, or within 6 months of the date of a certificate of occupancy if issued during a non-planting season.
         (b)   Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this chapter and as indicated on the landscaping plan which has been approved by the Plan Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
         (c)   Changes after approval. No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission approval.
         (d)   Inspection. The Plan Commission, Building Commissioner or their duly appointed representative, shall have the authority to visit any lot within the U.S. 50 Bypass Overlay Zone to inspect the landscaping and check it against the approved plan on file.
   (K)   Parking requirements.
      (1)   Parking is to be discouraged between the greenbelt and the building(s) when other suitable areas for parking exist on the property; however, private parking may be permitted in the area between the greenbelt and the planting adjacent to the building(s) and the planting on the periphery of the property.
      (2)   Efforts to break up large expanses of pavement are to be encouraged if possible.
      (3)   The number of parking spaces required are as established in City of Washington Zoning Ordinance, depending upon the zoning and the intended land use.
      (4)   Alternatives to the established parking requirements may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces. The applicant shall provide expertly prepared justification for seeking exceptions (i.e., a reference such as shared parking, Urban Land Institute).
      (5)   There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by disabled individuals, and these spaces shall be of sufficient width (minimum of 12 feet) to accommodate their needs.
   (L)   Lighting requirements. In reviewing the lighting plan for a lot proposed to be developed, factors to be considered by the Commission shall include but are not limited to:
      (1)   Safety provided by the lighting;
      (2)   Security provided by the lighting;
      (3)   Possible light spillage or place onto adjoining properties or streets. (Down-shielding is encouraged and spillage or glare onto adjoining properties is prohibited.);
      (4)   Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;
      (5)   Height and placement of lighting standards considering the use; and
      (6)   Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided.
   (M)   Access to individual sites.
      (1)   U.S. 50 Bypass. The U.S. 50 Bypass, by its functional nature, is a limited access highway. Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridor's primary thoroughfares, in many cases frontage roads, access roads, and distributor roads, will have to be built. The roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by the greenlet areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the corridor shall be coordinated with existing access points whenever possible. The following curb cut policy shall apply throughout the U.S. 50 Bypass Corridor.
      (2)   Curb cuts.
         (a)   No closer than 1 for each 400 feet of frontage.
         (b)   No curb cuts within 200 feet of any intersection of public roads.
         (c)   Opposing curb cuts shall align squarely or be offset no less that 200 feet.
   (N)   Access to potential development sites. Stub streets shall be built in all cases where adjacent lots have reasonable potential for development. Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcel so determined by the Washington Plan Commission or its duly appointed or designated representative.
   (O)   Other standards.
      (1)   Outside storage prohibited. No outside, unenclosed storage of refuse (whether or not in containers) or outdoor display of merchandise shall be permitted on any lot. All refuse shall be contained completely within the principle or accessory building(s). Exceptions to this requirement will be made on a case by case basis by the Plan Commission or its duly appointed or designate representative.
      (2)   Loading berth requirements. Loading berth requirement shall be as specified in the underlying zone district(s), except that any loading or unloading berth or bay shall be screened from view beyond the site by landscaping or other screening.
      (3)   Accessory buildings and uses. All accessory buildings and uses which are permitted in the underlying zoning district(s) shall be permitted, except that the detached accessory building on any lot shall be architecturally compatible with the principal building(s) with which it is associated. All accessory buildings shall have a roof.
      (4)   Paving requirements. All parking areas shall be finished with a hard surface such as asphalt or concrete.
(Prior Code, § 156.28)