(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 Employment Zoning (EZ) Planned Unit Development District (the “EZ District”).
(2) Statement of intent. These standards are intended:
(a) To promote high quality creative development that will combine imagination, innovation and variety in the appearance of buildings and sites in the EZ District;
(b) 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 EZ District;
(c) To brand a new name, identity, and benchmark for quality development for the EZ District;
(d) To strictly limit and manage access within the EZ District to ensure long-term safety and travel efficiency, and to prevent design challenges for highway designers in pursuit of improving the other roads within the EZ District;
(e) To protect environmentally sensitive areas within the EZ District, and to provide a filter for increased storm water runoff from the anticipated increase in impervious surfaces;
(f) To promote an “employment corridor” that is cohesive and aesthetically pleasing, targets larger scale economic development, and is collectively master planned; and
(g) To discourage general commercial development (e.g. retail and entertainment) within the EZ District, except in a form that is complementary to and integrated with preexisting employment development (i.e. that primarily serves the employees and companies).
(3) Authority. Authority underlying creation of the EZ District pursuant to the adoption of a PUD District Ordinance is provided for in I.C. 36-7-4-201 et seq., I.C. 36-7-4-601 et seq., and I.C. 36-7-4-1501 et seq.
(B) Statement of significance.
(1) Interstate Highway 69 (“I-69") is a four-lane, limited access federal interstate highway that runs through the east side of the City of Washington within the city's planning jurisdiction, and some of which is included within the corporate limits of the city following recent annexation initiatives. Inasmuch as this highway corridor is experiencing increasing pressure for commercial and industrial development, the Commission and Council hereby find that the anticipated development of this highly visible corridor, along with the surrounding areas, will dramatically change the image of the City of Washington.
(2) The Commission and Council further find that the visibility and accessibility of the land within the corridor and surrounding areas is unique and therefore commands the highest standards of development which stimulate substantial capital investments; therefore, the provisions of this section shall be interpreted so as to encourage efficient land use, promote coordinated development, permit innovative site designs, establish exceptional development standards, and preserve the integrity of the roadways within this corridor and surrounding areas.
(C) Title. This section of the zoning code shall be known as the Employment Zoning Planned Unit Development District and may be so cited and pleaded and shall be referred to herein as the “EZ District”.
(D) Conflict; severability.
(1) If any portion of this section establishing the EZ District 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 subsection, division, subdivision, sentence, clause or phrase of this section establishing the EZ District or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction, the remainder of the provisions establishing this EZ District or the application of the provisions to other persons or circumstances shall remain in effect and shall remain in full force.
(3) Any property that was located within the boundaries that were previously established for either:
(a) The U.S. 50 Bypass Overlay Zone by § 155.051; or
(b) The I-69 Corridor Overlay Zone by § 155.055, Appendix 1 hereof, which property is now located within the boundaries established below for the EZ District pursuant to Appendix 2A and 2B, or within such boundaries as may hereafter be established for the EZ District pursuant to Appendix 3, shall be governed solely by the provisions of this section. Accordingly, this section shall be interpreted to supersede the provisions of §§ 155.051 and 155.055 insofar as they relate to any such property.
(E) Jurisdiction. This section shall apply to the zoning jurisdictional area of the City of Washington, Indiana as defined below.
(F) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These definitions shall be construed as supplemental to the general definitions for this zoning code which are contained in § 155.006.
ADLS REQUIREMENTS. The development requirements set forth in this section which collectively comprise the architectural design, landscaping, drainage, sewerage, parking, signage, lighting and access standards that apply to developments within the boundaries described below.
BOUNDARIES. The boundaries of the EZ District established by this section are set forth and attached to Ord. 4-2016, passed May 9, 2016 on a document designated as “Appendix 2A.” A portion of the zoning map depicting the properties that are being included in the EZ District is also attached thereto and designated as “Appendix 2B,” and the Plan Commission is hereby authorized to show the boundaries of the EZ District on the Official Zoning Map of Washington, Indiana. These PUD District boundaries are located within the two-mile extraterritorial zoning jurisdiction of the City. If in the future additional properties are included in the EZ District, then a description thereof and a portion of the zoning map depicting such additional properties may be attached to the ordinance referenced herein and designated as “Appendix 3.” If any part of a lot, tract, parcel, or other body of real estate lies within the boundaries hereby established, or as they may hereafter be established, the restrictions and requirements of this section shall apply to the whole of the lot, tract, parcel, or other body of land.
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.
CONCEPT PLAN. A plan for the development of a particular lot, tract, parcel, or other body of real estate that lies within the boundaries hereby established which shows in general terms how the proposed development will conform to the development requirements established for the EZ District.
CONDITIONAL USES. All conditional uses which are permitted in the I-1 District or which were permitted (upon obtaining conditional use authorization) in any previously applicable districts shall be permitted in the EZ District.
CORRIDOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the state's right-of-way for I-69, having a minimum depth of 30 feet from the right-of-way line.
DEVELOPMENT REQUIREMENT. A development requirement as defined in I.C. 36-7-4-1501, including any of the ADLS requirements as defined in this section, which applies to development in the EZ District.
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 front like 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 streets in the EZ District 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 were permitted in any previously applicable zoning districts shall be permitted in the EZ District, as well as any uses which arc now or may hereafter be permitted in the I-1 zoning district.
PLAN REVIEW GROUP. A committee designated by the Plan Commission under I.C. 36-7-4-402(d), which is chaired by the Plan Commission president, and to which authority may be delegated under I.C. 36-7-4-1511(c)(2) to conduct secondary reviews and grant approvals in accordance with division (G)(3) of this section.
PUD DISTRICT ORDINANCE. The provisions of this section which meet the requirements set forth in I.C. 36-7-4-1503 and which establish the EZ District.
WAIVER. A modification of a development requirement which may be granted by the Plan Commission or a plan review group under I.C. 36-7-4-1511 in connection with the approval of a concept plan or a secondary approval, subject to the conditions set forth in division (P) or (Q) of this section.
(G) Plan Commission approval.
(1) Approval of a proposed or revised concept plan by the Plan Commission shall be required for any new structure or major structural alteration which is proposed in the EZ District. A public hearing on a proposed or revised concept plan shall be held, upon notice given at least ten days before the hearing:
(a) By publication in the Washington Times-Herald; and
(b) By service of notice on adjoining property owners. Notice to adjoining property owners shall be accomplished by first class letter with a certificate of mailing; or notices may be hand delivered if signed receipts are obtained from the adjoining property owners.
(2) After an approval of a concept plan as provided in this section, then, pursuant to a motion adopted by a majority of the Plan Commission members, either:
(a) The Commission shall proceed to grant secondary approval to the respective development pursuant to the provisions of I.C. 36-7-4-1511(c)(1) and of division (G)(3) of this section; or
(b) The Commission shall designate a plan review group to conduct secondary reviews of and grant approvals to the respective development pursuant to the provisions of I.C. 36-7-4-1511(c)(2) and of division (G)(3) of this section. Whenever a Plan Review Group is designated for a particular development, the Commission president shall have the discretion to appoint some or alt of the members of the Plan Commission to the Plan Review Group, and the Group shall meet on the call of the president. In addition, the City Engineer and Building Commissioner shall serve as ex officio members of every Plan Review Group, with the right to vote on any matter coming before the Group.
(3) (a) Plan Commission or Plan Review Group approval of the ADLS requirements shall be necessary prior to:
1. The establishment of any new use of the land;
2. The issuance of any improvement location permit;
3. The erection, construction or structural alteration of any building(s); or
4. Modification or revision of any previously granted ADLS approval.
(b) If all applicable development requirements are met without the necessity of a waiver under division (P) of this section for a major modification, the Plan Commission or Plan Review Group may, in a public meeting held in accordance with the Indiana Open Door Law (I.C. 5-14-1.5-1 et seq.)b grant secondary approval to the ADLS for a development without conducting a public hearing or publishing any notice thereof. Such approvals may include the granting of waivers for minor modifications subject to the conditions set forth in division (Q) of this section. If a major modification is requested for a development that has been referred to a Plan Review Group under division (G)(2)(B), the development proposal shall be returned to the Plan Commission for a public hearing on the major modification request, pursuant to division (P) of this section.
(4) The Plan Commission or Plan Review Group, in reviewing ADLS applications, shall examine the plan documentation and supporting information 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) Performance bonds, which may be required to assure the completion of necessary infrastructure, and any general effects that the proposed project may have on the entire EZ District.
(5) Whenever a Plan Review Group is designated for a particular development, the Plan Review Group, in reviewing ADLS applications, shall notify appropriate officials of the city, as well as county officials having jurisdiction (including but not limited to the County Engineer and Highway Department), that an application has been submitted. The Plan Review Group shall allow those officials a period of not more than 15 days to review the application and to submit their verbal or written comments to the Plan Review Group. The Plan Review Group shall respond to any concerns or questions raised by city and county officials in its decision regarding the ADLS application.
(H) Building design standards.
(1) General standards.
(a) All structures will be evaluated on the overall appearance of the project, and each building 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) Agricultural style buildings having exterior metal walls, such as pole barns, the building front of which abuts or is adjacent to the Corridor Greenbelt, shall be prohibited. Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.
(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 Plan Commission or Plan Review Group.
1. Masonry construction. All masonry construction which is composed of solid, cavity, faced or veneered-wall construction, unless otherwise approved by the Plan Review Group.
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 or 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 Review Group.
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 complement those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of the EZ District 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) One hundred percent of the 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 malting. 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 any previously 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 sendees, and service revisions necessitated by exterior alterations, shall be underground.
(4) Building orientation. One hundred percent of structures shall be sited to front onto streets in the EZ District to give the appearance of a front like facade on those streets.
(5) Minimum building height. One hundred percent of 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. One hundred percent of 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). Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section, Accessory buildings shall not be used in the computation of floor area. Accessory buildings permitted need not meet the minimum floor requirement.
(7) (a) Other height, hulk, arid area standards. Building setbacks, minimum lot size and lot width within the EZ Zoning District shall be the same as those denoted in the I-1 Zoning District unless otherwise indicated:
Minimum lot size | 1 acre |
Minimum lot width | 150 feet |
Front yard setback from ROW | 75 feet |
Rear yard setback from property line | 20 feet |
Side yard setback from property line (each side) | 40 feet |
Maximum ground area coverage (G.A.C.) | 30% |
Height | 150 feet/5 stories |
(b) Waivers from any of these development requirements may be made on a case-by-case basis, subject to the conditions set forth in division (P) or (Q) of this section.
(I) Signage standards.
(1) Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
(2) All signs, except private traffic direction signs, are prohibited in the required Corridor and Interior 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 Transportation.
(4) The integration of project signage to identify multiple businesses is encouraged.
(5) Off-premises commercial signage shall be prohibited in the HZ District.
(6) One hundred percent of on-premises signage shall conform to the standards and development requirements of the I-1 zoning district.
(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) Waivers from any of these development requirements may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.
(J) Landscaping plan.
(1) Landscaping plan to be submitted. A landscaping plan shall be submitted to the Plan Review Group 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, ten-aces, 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 Corridor Greenbelt shall be suitably landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.
(b) Planting adjacent to free-standing buildings.
1. A planting area measuring five feet in depth shall be installed adjacent to the front of the building. A planting area five feet in depth shall be installed adjacent to 100% of the other sides of the building.
2. Sidewalks may be permitted in these areas, but shall not occupy 100% of the 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 than 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 a peripheral landscaping strip, ten 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 one tree for each 50 lineal feet shall be planted in any peripheral landscaping strip.
(d) Planting within parking lots.
1. One hundred percent of the 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 than 5% of a private parking lot shall be landscaped.
3. For purposes of this computation, landscaping:
A. In the Corridor Greenbelt;
B. In the Interior Greenbelt;
C. Adjacent to buildings; or
D. 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 aisles 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 both the Corridor Greenbelt and the Interior Greenbelt adjacent to buildings shall consist of one or a combination of the following: shade trees, ornamental trees, shrubs, ground covers, crass, mulches, and the like.
(c) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges and other planting material may be used to complement tree landscaping, but shall not be the sole contribution to the landscaping.
(d) One hundred percent of the shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight feet in overall height and have a minimum trunk diameter, 12 inches above the ground, of two 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 access points, 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. One hundred percent of the 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 six 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 Review Group. 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 or Plan Review Group may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission or Plan Review Group approval.
(d) Inspection. The members of the Plan Commission, the Plan Review Group, the Building Commissioner and their duly appointed representatives shall have the authority to visit any lot within the EZ District to inspect the landscaping and check it against any ADLS approval on file.
(K) Parking requirements.
(1) Parking is to be discouraged between the Corridor 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 Interior 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 this zoning code, depending upon the intended land use.
(4) Waivers from any of the established development requirements for parking 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, subject to the conditions set forth in division (P) or (Q) of this section. The applicant shall provide expertly prepared justification for seeking waivers (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 Plan Commission or Plan Review Group 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) I-69 Corridor. I-69, 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 both the Corridor and Interior Greenbelt 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 EZ District.
(2) Curb cuts.
(a) No more than one for each 400 feet of frontage on any public right-of-way, except as may be specifically approved by the City Engineer.
(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 than 200 feet. Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.
(N) Access to potential development sites. Stub streets shall be built in 100% of the 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 Plan Commission or Plan Review Group.
(O) Other standards.
(1) Outside storage prohibited. No outside, unenclosed storage of refuse (whether or not in containers) or outdoor display of retail merchandise shall be permitted on any lot. All refuse shall be contained completely within the principal or accessory building(s). Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.
(2) Loading berth requirements. Development requirements for loading berths shall be as specified in the I-1 zoning district or any previously applicable district(s), except that 100% of 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 I-1 zoning district or any previously applicable 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. One hundred percent of parking areas shall be finished with a hard surface such as asphalt or concrete.
(5) If any building or other structure is damaged or destroyed by fire or otherwise, the repair and/or rebuilding of said building or structure must comply with the development requirements of this section.
(P) Waivers; major modifications. Pursuant to I.C. 36-7-4-1511, the Plan Commission or Plan Review Group may waive any development requirement applicable to a particular development. However, a waiver that makes a major modification in a development requirement may not be made except after a public hearing conducted by the Plan Commission, and on the condition that all three of the following findings are made:
(1) Harmony. The waiver shall be in harmony with the general statements of purpose, intent, and significance which are set forth above in divisions (A) and (B) of this section.
(2) Access. The waiver shall not produce a site plan or circulation system that would be impractical or detract from the appearance of the development, or detract from the appearance of the EZ District generally, nor shall it adversely affect emergency vehicle access, nor shall it deprive neighboring properties of adequate light and air.
(3) Site design. The waiver shall result in enhanced site design characteristics, such as but not limited to any of the following: increased landscaping treatment, tree preservation, public art, provisions for bicycle access, or reduced surface parking with provisions for above or below ground parking facilities.
(Q) Waivers; minor modifications. The Plan Commission or Plan Review Group may, in apublic meeting held in accordance with the Indiana Open Door Law (I.C. 5-14-1.5-1 et seq.), grant a waiver that makes a minor modification in a development requirement without conducting a public hearing or publishing any notice. For the purposes of I.C. 36-7-4-1511(i) and this division (Q), “minor modifications” that may be made without a public hearing are modifications that do not exceed 35% of any dimensional or quantitative standard set forth in this section. All other modifications shall be considered “major modifications” and subject to division (P) of this section.
(R) Appeals. Any Plan Commission or Plan Review Group decision made under this section may be appealed within 30 days thereof to the Council, which shall then conduct a public hearing on the matter, upon the same notice as is required in division (G)(1) for a public hearing on the concept plan, and make the final decision on the concept plan, the ADLS application, the major modification, or the minor modification, as the case may be.
(S) Commitments. In connection with the approval of a concept plan as provided in division (G)(1), the Plan Commission may require or allow the owner of the affected real estate to make a commitment to the Commission concerning the use or development of the real estate, in accordance with I.C. 36-7-4-1015. In connection with the granting of a waiver or modification as provided in division (P) or (Q), the Plan Commission or Plan Review Group may require or allow the owner of the affected real estate to make a commitment to the Commission concerning the use or development of the real estate, in accordance with I.C. 36-7-4-1015.
(T) Variances. Nothing in this section shall affect the right of an owner of real estate under Indiana law to petition the Board of Zoning Appeals for a variance from development standards, as provided in I.C. 36-7-4-918.5 and this zoning code. Nothing in this section shall affect the provisions of this zoning code which govern nonconforming uses, or the authority of the Board of Zoning Appeals to determine nonconforming use issues under I.C. 36-7-4-1019 and § 155.041 of this zoning code.
(Ord. 4-2016, passed 5-9-2016; Am. Ord. 1-2017, passed 1-23-2017; Am. Ord. 20-2018, passed 11-13-2018)