(A) Downtown Development Overlay District defined.
(1) The area in Washington bounded as follows:
Beginning at a point located at the intersection of the center lines of West Van Trees Street and Northwest Fifth Street; thence south along the center line of Northwest and Southwest Fifth Street, to the north right-of-way line of the CSX Transportation Railroad; thence southeasterly, along the north right-of-way line of the CSX Transportation Railroad, to the center line of Southwest Second Street; thence north, along the center line of Southwest Second Street, to a point located 30 feet west of the southwest corner of Lot Numbered 145 in Liverpool Addition; thence east 30 feet to the southwest corner of said Lot Numbered 144; thence continuing east, along the south line of Liverpool Addition, to the southeast corner of Lot Numbered 113 in Liverpool Addition; thence north, along the east lines of Lots Numbered 113, 112, 49, 48, and 1, in Liverpool Addition to the Northeast corner of Lot Numbered 1 in Liverpool Addition; thence continuing North, and crossing East Van Trees Street, to southeast corner of Lot Numbered 18 in the Original Town of Washington; thence continuing north, along the east line of said Lot Numbered 18, to the northeast corner of said Lot Numbered 18; thence west, along the north lines of Lots Numbered 18,17,16,15,14,13,12,11,10, 9, 8, 7, 6, 5,4, 3, 2,1,109, 110, 111, 112, 113, 114, and 115, in the Original Town of Washington, to the northwest corner of Lot Numbered 115 in the Original Town of Washington, and the Northeast corner of Lot Numbered 15 in Cabel's Subdivision; thence continuing west, along the north lines of Lots Numbered 15,16,17,18,19, 20, and 21 in Cabel's Subdivision, to the northwest corner of Lot Numbered 21 in Cabel's Subdivision; thence south, along the West line of Lot Numbered 21 in Cabel's Subdivision, to the north right-of-way line of West Van Trees Street; thence south to the center line of West Van Trees Street; thence west, along the center line of West Van Trees Street, to the center line of Northwest Fifth Street, and the point of beginning;
is hereby designated as the Downtown Development Zoning District. A map of the district is attached to the ordinance codified herein and designated as "Attachment A".
(2) This Downtown Development Zoning District shall overlay the C-l Local, C-2 General Business and I-1 Industrial Business use districts within this zoning district and the provisions of this section, as well as the provisions of the Zoning Ordinance that apply to and govern the local business use district will all apply to and govern this zoning district. Residential structures used entirely as single or multi-family homes shall be exempt from the requirements of this section until such time as the use of property becomes commercial in whole or part.
(3) This Downtown Development Zoning District is hereby declared to be a district subject to "development requirements" meaning that any development of real property within this zoning district will require a development plan as provided for in I.C. 36-7-4-1400 et seq., as it is now, and as it may be amended from time to time.
(B) Development defined. The terms DEVELOP, DEVELOPMENT and DEVELOPING, when used in this section shall mean, and shall include, the erecting, constructing, enlarging, altering, repairing, moving, improving, removing, rehabilitating, revitalization, painting or repainting or demolishing the exterior of any building; or anything else that affects or changes the exterior or color of any building, or the creation, altering, removing, redesigning or substantial reconfiguration of any parking lot, park area, landscaping or exterior pedestrian facilities.
(C) Standards. No person, firm, corporation or any other organization or entity, collectively referred to herein as a developer, shall develop any real property, or any building or other improvements on any real property within this Downtown Development Zoning District unless the development complies with the external design standards set below.
(1) The Main Street Development Plan must include the following development requirements.
(a) Building organization. Building shall have a consistent pattern to adjacent structures. There shall be a repetitive scale, massing and relationship to the street, and style to the area. Corner buildings shall match or exceed the height of adjacent buildings. The two facades shall be acknowledged with consistent materials and patterns. Projects with public or cultural significance shall be designed to have a character that varies more than the standard pattern to distinguish them as a landmark structure.
(b) Setbacks. No setback is required and the building shall be placed to maintain the street edge. The relationship of the building to the street edge shall emphasize the pedestrian and not the automobile. Pedestrian spaces such as sidewalk dining or shaded seating are encouraged.
(c) Massing and proportion. Buildings shall have vertical proportions consistent with existing structures within the block area. Windows and storefront glazing shall be divided to be either square or vertical in proportion so that each section is taller than it is wide. Permitted frontal setbacks can be used to articulate bays of a building to break up its width. Architectural features such as but not limited to columns, piers, rooflines and brick can be used to divide and create a vertical orientation on building facades.
(d) Building height and roof type. Buildings in the downtown district have traditionally used straight edged parapets with sloped roofs behind. Simple parapet roof edges with varying coping and cornice shall be used and roof coverings shall be of traditional materials.
(e) Facade. Each facade shall have a rhythm that is repeated through the pattern of wall openings. The building facade shall have an identifiable base, body, and a cap with horizontal elements separating these components. Buildings shall not have blank side walls creating a false front appearance. Corner buildings shall have two facades which maintain a relationship to each other, but they do not need to be identical.
(f) Facade at street level. The street level facade shall provide human scaled entries including but limited to recessed entries, adjacent store front windows and sheltering elements. Facades shall incorporate a minimum of two continuous feature details of 12 inches or less within ten feet of building wall measured vertically from street level.
(g) Windows. Windows shall be vertically oriented with 70% of the street level facade being transparent. Upper floors shall have a minimum of 35% per cent of window transparency blending with adjacent buildings. Window embellishments are encouraged creating additional character to the building. Overall vertical building proportions shall be expressed in the window proportions and expanses of vertical windows which give the overall appearance of horizontal massing shall be avoided.
(h) Color. All exterior body and trim colors must harmoniously blend and compliment with adjacent buildings as well as the district.
(i) Signs. All signs must comply with § 155.044 sign requirements of the Zoning Code of the City of Washington. Hanging signs shall be located below the second floor windows and be harmonious and consistent to the district.
(j) Drive-throughs. Drive-throughs are prohibited within the Main Street District.
(2) Non-residential outside of main street district.
(a) Building organization. Buildings shall have a consistent pattern to adjacent structures. There shall be a repetitive scale, massing, relationship to the street, and style to the others in the area. Corner buildings shall match or exceed the height of adjacent buildings. The two facades shall be acknowledged with consistent materials and patterns. Projects with public or cultural significance shall be designed to have a character that varies more from the standard pattern to distinguish them as a landmark structure.
(b) Setbacks. No setback is required and the building shall be placed to maintain the street edge. The relationship of the building to the street edge shall emphasize the pedestrian and not the automobile. Pedestrian spaces such as sidewalk dining or shaded seating are encouraged.
(c) Massing and proportion. Buildings shall have vertical proportions consistent with existing structures within the block area.
(d) Building height and roof type. The roof lines shall vary from building to building as well as within buildings with wide street frontage. The varying heights shall follow logical building massing and shall correspond to building organization of the district.
(e) Facade. Each facade shall have an identifiable base, body and cap with horizontal elements separating these components. Buildings shall not have blank side walls creating a false front appearance. Corner buildings shall two facades which maintain a relationship to each other, although they do not need to be identical.
(f) Facade at street level. The street level facade shall provide human scaled entries including but not limited to recessed entries, sheltering elements and adjacent store front windows.
(g) Windows. Windows shall be vertically oriented with a minimum of 50% of the street level facade being transparent. Overall vertical building proportions shall be expressed in the windows and expanses of vertical windows which give the overall appearance of horizontal massing shall be avoided.
(h) Color. All exterior body and trim colors must harmoniously blend and compliment adjacent buildings as well as the district.
(i) Signs. All signs must comply with § 155.044 sign requirements of the Zoning Code of the City of Washington. Hanging signs shall be located below the second floor windows and be harmonious and consistent to the district.
(j) Drive-throughs. Drive-throughs shall be located in rear of the building, not between the building and the main abutting street.
(3) The plan documentation and supporting information to be suppled with the plan shall be sufficient to show that the Development Plan complies with divisions (B) and(C) of this section.
(4) The plan documentation and supporting information should also show the location and characteristics of existing and proposed structures and landscaping.
(D) Development plan, Design Review Committee, Decision of Building Commissioner.
(1) Before any developer undertakes any development, as described in division (B) of this section within the Downtown Development Zoning District he or she shall submit a development plan, prepared according to division (C) of this section to the Building Commissioner of Washington, Indiana.
(2) Creation of a design review committee.
(a) A Design Review Committee consisting of the City Building Commissioner, and four other persons described as follows:
1. A member of the Plan Commission;
2. A member of the Redevelopment Commission;
3. A member of the Chamber of Commerce; and
4. A member of the Common Council,
is hereby created to assist the Building Commissioner in his review of the Development Plan.
(b) The chairpersons of the Plan Commission, the Redevelopment Commission, and the Chamber of Commerce shall, respectively, on or about January 1 of each year, appoint a member of the Commission over which he or she presides, to serve on this Committee. The Common Council will appoint its member by a majority vote of those present and voting at the first regular meeting of each year. These four appointees shall serve through December 31 of the year in which they are appointed.
(c) When a development plan is submitted to the Building Commissioner, he or she shall immediately notify the members of the Design Review Committee that a plan has been submitted. The members of the Design Review Committee shall have a period of 15 days to review the development plan and to submit their verbal or written comments to the Building Commissioner. The Building Commissioner shall respond to the concerns or questions raised by the Design Review Committee in his or her written decision regarding the development plan.
(3) The Building Commissioner shall either review and approve, or modify and approve, or disapprove the development plan; provided, however, that such review and approval, or modification and approval, or disapproval shall be based solely on a determination that the development plan does or does not comply with the design standards set out in division (C) of this section and with all requirements of § 155.054.
(4) The decision of the Building Commissioner approving, modifying and approving, or disapproving the development plan shall be in writing, with specific findings in support of the modification and approval, or disapproval of the development plan.
(5) The Building Commissioner shall not be required to hold public hearings before approving, modifying and approving, or disapproving the development plan.
(6) If the Building Commissioner fails to make a decision on the development plan within 30 days after it is filed with him or her, the development plan will be deemed to have been approved.
(7) In the administration of this section, the Building Commissioner shall be considered a member of the Plan Commission staff as the term is used in I.C. 36-7-4-1404.
(E) Appeals process.
(1) Any decision of the Building Commissioner either approving, modifying and approving, or disapproving any development plan may be appealed to the Plan Commission by the developer, any adjoining property owner, or any other person or persons directly affected by this decision.
(2) The appeal provided for in division(E)(1) of this section shall be in the form of a written petition, setting forth the reasons for the appeal, filed with the Secretary of the Plan Commission within 30 days after the Building Commissioner has made his decision in the manner provided for in division (D)(4) of this section.
(3) The Plan Commission shall review the decision of the Building Commissioner approving, or modifying and approving, or disapproving the development plan, which is the subject of the appeal at a public hearing after notice has been given, as set forth below in division (E)(4) of this section.
(4) Notice of the public hearing provided for in this section shall be given at least ten days before the hearing by:
(a) Publication in the Washington Times-Herald; and
(b) By service of notice in person, or by certified mail, on adjoining property owners.
(5) The Plan Commission, after the public hearing, shall determine whether the development plan complies with the design standards set out in division (C) of this section and with development requirements set out in division (B) of this section.
(6) After making the determination required by division (E)(5) of this section, the Plan Commission may do any of the following as to the decision of the Building Commissioner appealed from:
(a) Approve the decision.
(b) Reverse the decision and remand the matter back to the Building Commissioner with directions as to what further action the Commissioner should take.
(c) Modify, and then approve, the decision as modified.
(d) Take any of the actions provided for in I.C. 36-7-4-1405(b).
(7) The decision of the Plan Commission supported by written findings shall be in writing and following the public hearing shall be signed by the President or Vice-President of the Plan Commission and attested to by the Secretary.
(8) The decision of the Plan Commission made on an appeal under this division, is a final decision that may be appealed as provided for in I.C. 36-7-4-1016, as that section now exists or as it may be amended from time to time.
(Ord. 11-2013, passed 7-8-2013)