§ 194.076 URBAN O-1: URBAN OPEN LAND DISTRICT.

(A) Purpose and intent. The I-1, Rural Light Industrial, District is hereby established to accommodate light industrial uses within the town’s rural area in which all operations, including storage of materials would be confined within a building, and would include warehousing operations.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.34)

§ 194.074 RURAL I-2: RURAL GENERAL INDUSTRIAL.

(A) Purpose and intent. The I-2, Rural General Industrial, District is hereby established to accommodate all types of industrial uses within the town’s rural area which may require enclosed or unenclosed spaces for storage, manufacturing and fabricating.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.35)

§ 194.075 URBAN SPECIAL USE DISTRICTS.

(A) Intent. These districts are composed of uses which have unique physical and operational characteristics which do not allow them to be easily categorized into a specific land use type (residential, commercial, industrial). Uses in these districts may be appropriate to and compatible with a broader range of adjacent land uses. However, certain operational features of the uses (i.e., parking, hours of operation, intensity of use) require that they be scrutinized in their location within the town to ensure that these operational features will not have an adverse impact on adjacent uses. Because of this, a greater range of flexibility is built into the review of development standards and all SU Districts require development plan review and approval by the Plan Commission.

(B) Permitted uses.

(1) Primary uses.

(a) SU-1, schools or school related facilities;

(b) SU-2, churches;

(d) SU-4, airport or landing field;

(e) SU-7, charitable and philanthropic institutions;

(f) SU-8, buildings and grounds used by any department of town, township, county, state or federal government;

(g) SU-9, cemeteries;

(h) SU-12, swimming pool, commercial;

(i) SU-13, community center;

(j) SU-14, library;

(k) SU-16, light and power substation, water tank and similar structures;

(l) SU-17, radio or telecommunications receiving or broadcasting towers, including wireless telecommunications facilities, and associated accessory buildings; and

(m) SU-20, extracting of gravel, sand, peat and other raw materials.

(2) Special exception uses. Public utility structures and facilities, including telephone exchanges and minor electrical substations.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(C) Development standards. All development permitted within the special use districts shall conform to the development standards applicable to the specified zoning district as follows:

Special Use District	District Applicable Development Standards
SU-1	B-O
SU-2	B-O
SU-3	B-3
SU-4	I-3
SU-7	B-O
SU-8	B-2
SU-9	B-O
SU-12	B-3
SU-13	B-1
SU-14	B-O
SU-16	I-1
SU-17	I-2, and per the requirements of § 194.070 of this chapter
SU-20	I-3, and per the requirements of division (E) below

(D) Development plan approval required. All lots located in a special use (SU) district shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter. The applicable development requirements shall be those of the commercial or industrial district corresponding to the special use district noted in division (C) above.

(E) Additional development requirements for the SU-20 District. In addition to the regulations of divisions (B), (C) and (D) above, the additional development requirements of this division (E) shall apply to the SU-20 District. In the event of conflict between this division (E) and the regulations of divisions (B), (C) and (D) above, the most stringent specifications shall govern.

(1) Intent. It is the intent of this division (E) to establish reasonable and uniform limitations and controls for the production of sand, gravel, borrow and other mineral or earthen materials through excavation or mining to the extent permitted by applicable law. Restrictive limitations and controls are deemed necessary and in the public interest to effect practices which will provide for production of sand, gravel, borrow and other mineral or earthen materials which will:

(a) Take into consideration the surface use of land;

(b) The value and character of the existing improvements in the districts where such production is hereinafter permitted;

(d) Any other factor directly relating to the public health, comfort, safety and general welfare in these districts.

(2) Filing procedures.

(a) The filing procedures and requirements of a development plan for review and approval by the Plan Commission shall be as set forth in §§ 194.125 through 194.128 of this chapter.

(b) The filing of an operational plan, per the requirements of division (E)(5) below.

(3) Permit required. No extracting of gravel, sand, peat and other raw materials shall occur unless an improvement location permit has been issued by the town and a development plan and operational plan are approved by the Plan Commission.

(4) Bonding.

(a) Prior to the issuance of an improvement location permit, as required by division (E)(3) above, the applicant shall provide a corporate surety bond for the faithful performance of all applicable requirements of this chapter, including the operation and the completion and reclamation of the extraction or mining operations in accordance with the approved site and operational plan, as required by this chapter. Such improvement location permit may be issued and bond filed for the total operation or for one or more phases thereof, as shown on the site and operational plan. If the operation is to be accomplished in phases, each new phase of the operation shall require a new improvement location permit, site and operational plan and corporate surety bond.

(b) The corporate surety bond shall be in an amount equal to 110% of the estimated cost of performance of all applicable requirements of this chapter, as determined by the town’s Engineer and be with surety approved by the town. Said bond shall run jointly and severally to the town and any other governmental agency requiring a similar bond. Said bond shall specify the time for the completion of all of the applicable requirements of this chapter, and shall specify the total operational area, or phase thereof, covered by the bond.

(5) Operational plan. An operational plan shall detail the operational area, or phase thereof, covered by the development plan. The operational plan shall further detail the:

(a) Method of extraction or mining;

(b) Hours of operation;

(d) Stockpiling of materials; and

(e) Plan and timetable for reclamation of the real estate within the operational area, or phase thereof, upon completion of extraction or mining within the operational area, or phase thereof.

(6) Perimeter yards.

(a) The minimum required depth of required perimeter yards surrounding the operation shall be 100 feet.

(b) No extraction or mining operation, or portion thereof, shall be permitted within said perimeter yard.

(7) Landscaping. Landscaping of said perimeter yard shall conform to Level C requirements as specified in § 194.109 of this chapter, Tables A, B and C. Said landscaping shall be installed within six months of the commencement of any extraction or mining operations on the real estate.

(8) Fencing. Fencing of the entire perimeter of the operational area, or phase thereof, shall be required to ensure safety and restrict access. Said fencing shall be located on or within ten feet of the lot line and shall be a minimum of six feet in height, measured from grade, and shall be no higher than ten feet in height, measured from grade. Said fencing shall be installed prior to the commencement of any extraction or mining operations on the real estate.

(9) Extracting, mining. All extractions or mining shall either be made to a water producing depth. Such depth shall be not less than eight, measured from the low water mark, or graded or back filled with non-toxic, non-noxious and non-flammable solids to assure the following.

(a) The excavated or mined area shall not collect and permit to remain therein stagnant water.

(b) The surface of such area shall be graded or back filled as necessary so as to reduce the peaks and depressions thereof to a surface which shall result in a gently rolling topography to minimize erosion and which is in substantial conformity to the immediately surrounding land area.

(c) The surface of the area noted in division (E)(9)(b) above is landscaped in compliance with the approved development plan.

(10) Banks. The banks of all excavated or mined areas not graded or back filled as provided in division (E)(9) above shall be sloped to the water line at a slope which shall be not less than one and one- half feet horizontal to one foot vertical. Said bank shall be surfaced with a minimum of six inches of suitable soil and the same shall be either sodded or seeded with grass seed.

(11) Removal. Within six months of the completion of the extraction or mining operations, all buildings, structures, stockpiles and equipment associated with the operations shall be removed from the real estate.

(Ord. 2000-16, passed 8-28-2000, § 2.36)

§ 194.076 URBAN O-1: URBAN OPEN LAND DISTRICT.

(A) Intent. The O-1: Open Land Districts are established to include land being used for agricultural activities, flood plain, and other rural uses, located near the periphery of the jurisdictional boundary, which is not expected to develop for intensive urban or suburban uses within the near future. It is the intent of this district to allow agricultural uses to conserve the desirable characteristics of the land and to protect the open area from the encroachment of scatter urban-type uses that may inhibit the overall development of the community in accordance with the Comprehensive Plan.

(B) Permitted uses.

(1) Primary uses.

(a) Agricultural uses; including agricultural crop production; tree farms; agricultural livestock production and the harvesting, storage and primary processing of agricultural products produced on the premises; storage of farm vehicles, farm equipment and farm materials by the operator of such farm;

(b) Single-family dwelling, limited to the farmstead for the agricultural use;

(d) Residential facility for the mentally ill, subject to the provisions of § 194.100 of this chapter;

(e) Child care home (that is used as the primary residence of the person who operates the child care home);

(f) Roadside food sales stand (sale of produce grown on the premises); and

(g) Nature reserve or preserve, wildlife sanctuary.

(2) Special exception uses.

(a) Agricultural uses: confinement feeding yards;

(b) Communications/utilities:

1. Communication relay tower;

2. Public utility substation;

3. Public wells; and

4. Telecommunication tower.

1. Private camp;

2. Campground;

3. Ball fields;

4. Country club;

5. Riding stable or multi-use rails (i.e., biking, cross country skiing, hiking); and

6. Golf course (not including a golf driving range or miniature golf course as the primary use).

(d) Industrial uses:

1. Liquid fertilizer storage and distribution (commercial);

2. Mineral extraction, borrow pit; and

3. Topsoil removal storage areas.

(e) Miscellaneous:

1. Cemetery; and

2. Commercial breeding and raising of non-farm fowl and animals; kennel; sales barn for livestock sale; bed and breakfast.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.099 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Well water and septic systems may be utilized in this district, subject to the approval of the county’s Health Department or the state’s Board of Health.

(2) Minimum lot area. Five acres.

(3) Minimum lot width. 250 feet.

(4) Minimum lot frontage. 250 feet on a public street and gain direct access from said public street.

(5) Maximum lot coverage. 10%.

(6) Maximum lot depth to width ratio. Four to one (4:1).

(7) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right of- way shall be provided as follows:

a. Primary arterial street: 60 feet;

b. Secondary arterial street: 40 feet; and

c. Collector/local street/cul-de-sac or other street: 40 feet.

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan for the town or where the existing right-of way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side: a minimum side yard of 50 feet shall be provided along all side lot lines.

1. Residential primary building: 50 feet;

2. Residential accessory building: 25 feet; and

3. Agricultural building: 150 feet. See also § 194.018 of this chapter.

(8) Maximum building height.

(a) Residential primary building: 35 feet;

(b) Residential accessory building: 22 feet; and

(c) Agricultural building-unlimited; provided that, for each additional one foot over 35 feet in height, one additional foot shall be added to the minimum yard and building setback requirements.

(9) Minimum main floor area. The minimum main floor area of the residential primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 1,500 square feet; and

(b) Two- or more story building: 1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet.

(10) Off-street parking. See § 194.095 of this chapter.

(11) Signs. See §§ 194.160 through 194.169 of this chapter.

(12) Vision clearance areas. See § 194.021 of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.37)

§ 194.077 URBAN FP: URBAN FLOODPLAIN SECONDARY DISTRICT.

See Chapter 192 of this code of ordinances.

§ 194.078 MRO: URBAN U.S. HIGHWAY 421-MICHIGAN ROAD CORRIDOR OVERLAY DISTRICT.

(A) Purpose, intent and authority.

(1) It is the purpose of the U.S. Highway 421-Michigan Road Corridor Overlay Zone (the “Overlay Zone”) to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known as Michigan Road) in the town. The Plan Commission and Town Council, in establishing this zone, do so in compliance with I.C. 36-7-4-600 et seq. and I.C. 36-7-4-1400 et seq.

(2) It is recognized that U.S. Highway 421 is an important corridor to the town. Therefore, it is the further purpose of the Overlay Zone to promote coordinated, quality development per the land use recommendations set forth in the Master Plan; to establish basic standards for structures, landscaping and other improvements on the properties within the Overlay Zone which promote high quality, innovative site design and at the same time encourage efficient land usage; to establish development standards which will encourage capital investments for the development of those properties along and abutting U.S. Highway 421; and to promote the steady flow of traffic.

(3) This Overlay Zone further seeks to foster development that will provide this district with a special sense of place that will increase property values, protect existing residential uses and attract new businesses. More specifically, the creation of this special sense of place shall be encouraged by means of a coordinated set of design principles for buildings, site planning, landscaping and signs. These principles are intended to guide individual development activities so that they will work together visually in support of the common architectural theme described below.

(B) District boundaries. The boundaries of the Overlay Zone are hereby established as shown on the Official Zone Map for the town. The boundaries extend 400 feet on either side of the U.S. Highway 421 right-of-way, as shown on INDOT’s plans numbered STP-1352(008), as they existed on 1-17-2000, for that portion of U.S. Highway 421 which is now, or shall come to be, within the boundaries of the town. The Official Zone Map for the town is officially amended by the adoption of this chapter to include the Overlay Zone per the boundaries set forth.

(C) Plan Commission approval. The Plan Commission must approve, approve with conditions or disapprove the development plan for any tract o f land in the Overlay Zone per the provisions of §§ 194.125 through 194.128 of this chapter, including, without limitation, any proposed development in connection with a residential subdivision. However, development plan approval by the Plan Commission is not required for single-family dwellings to be constructed on individual single-family Lots within any residential subdivision.

(D) Permitted uses. All uses which are permitted in a given site’s underlying primary zoning districts, except those uses expressly excluded in division (E) below, are permitted in the Overlay Zone.

(E) Permitted special exceptions. All special exceptions, which are permitted (upon obtaining the grant of a special exception from the Board of Zoning Appeals) in the underlying primary zoning district(s), except the uses expressly excluded in division (E) below, are permitted in the Overlay Zone.

(F) Excluded uses. The following uses are prohibited in the Overlay Zone:

(1) Adult entertainment businesses;

(2) Amusement park;

(3) Bulk storage of petroleum products not used for on-site manufacturing;

(4) Car washes;

(5) Carnivals, fairs, circuses;

(6) Disposal of radioactive materials;

(7) Drive-through facilities; exception: when the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility as a land use.

(a) In all cases, drive-through facilities and/or service units, including service window(s), menu board(s), vehicle aisles and/or the like shall not be placed between the public right-of- way and the associated building;

(b) Drive-through windows for banks, drugstores, and other uses without menu boards shall be located at the rear of a building, and shall be located in a manner where they cannot be seen from the public rights-of-way;

(c) Drive-through facilities for restaurants and other uses that utilize a menu board shall be required to have the menu board located at the rear of the building and be located in a manner where it cannot be seen from public rights-of-way. The drive-through window may be located on the side of a building, and the drive-through window lane exit area shall be screened from the public right-of-way with a landscape island at the facility exit to screen the drive-through lane and window. Drive-through facilities on either side of a building that are visible to pass-by traffic shall be screened by a five-foot wide landscape buffer of a length to cover the entire drive-through stacking area;

(d) Alternate locations for drive-through windows, stalls, menu boards, and/or associated auto-centric components may be considered by the Plan Commission (PC) on a case-by-case basis when seeking development plan approval.

(8) Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;

(9) Flea market;

(10) Garbage disposal plant/sanitary landfill;

(11) Go-cart track;

(12) Grain elevator;

(13) Junk or salvage yard;

(14) Manufactured home dwelling sales;

(15) Mini-warehouses or self-storage facilities;

(16) Mobile home court;

(17) Outdoor storage, with the exception of propane tanks that are for lease or purchase;

(18) Outdoor theater;

(19) Penal or correctional institution;

(20) Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the state’s Board of Health or by the town;

(21) Refining or manufacturing of petroleum products;

(22) Refining of manufacturing of asphalt, cement, gypsum, lime, wood preservatives;

(23) Roadside sales stand;

(24) Sand and gravel extraction or sales;

(25) Truck stop;

(26) Warehouses; and

(27) Water slide.

(G) Accessory buildings and uses. All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted; except that, any detached accessory building in any development plan shall be architecturally compatible with the primary building(s) with which it is associated.

(H) Minimum lot area.

(1) The minimum lot area required within the Overlay Zone is two acres for non-residential uses and one-half acre for residential uses. All lots within the Overlay Zone shall be subject to development plan approval, with the exception of individual lots for single-family dwellings, as set forth in division (B) above. For lots located only partially within the Overlay Zone, a development plan shall be submitted to the Plan Commission for the entire tract to be developed.

(2) If a parcel of land or subdivision lot was recorded prior to the effective date of this chapter, and said parcel or lot does not contain the minimum lot area required by this division (H), said parcel or lot (“undersized lot”) may be used for any use permitted in the Overlay Zone; provided that:

(a) At the time of recordation of the undersized lot on the effective date, the undersized lot met the requirements for minimum lot area then in effect for a lot in the underlying primary zoning district(s);

(b) The owner of the undersized lot must include, up to the minimum tract size, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the effective date or at the time of application which, if combined with the undersized lot, would create a tract which conforms, or more closely conforms, to the minimum tract size requirements of this division (H); and

(c) All other development requirements applicable to the Overlay Zone can be met. This division (H) does not preclude the sale or other transfer of any parcel of land within a tract after the approval of a development plan for the entire tract. However, the development of the parcel must still conform to the development plan for the entire tract as approved or amended by the Plan Commission, and all other applicable requirements contained in this chapter.

(I) Height and area requirements building height.

(1) Minimum: see § 194.060 of this chapter.

(2) Maximum: as specified in the primary underlying zoning District.

(3) Front yard for parcels with frontage on U.S. Highway 421 right-of-way:

(a) Minimum: 30 feet, measured from the U.S. Highway 421 right-of-way. This measurement shall include the mandatory 30-foot greenbelt; and

(b) Maximum: 120 feet, measured from the U.S. Highway 421 right-of way. This measurement shall include the mandatory 30-foot greenbelt.

(4) Minimum side and rear yards.

(a) For a non-residentially zoned lot next to an existing R district: 50 feet or two times the building height, whichever is greater. Side and rear yards for residential lots, where adjacent to other residential lots, shall be 15 feet.

(b) For a non-residentially zoned lot next to a business district: 15 feet. Side and rear yards for residential lots, where adjacent to business districts, shall be 25 feet.

(c) For a non-residentially zoned lot next to an industrial district: 20 feet. Side and rear yards for residential lots, where adjacent to other residential lots, shall be 35 feet.

(5) Gross floor area.

(a) All principal business and industrial Buildings shall have a minimum of 2,500 square feet of gross floor area, excluding the floor area of any accessory buildings. Accessory buildings need not meet the minimum floor area requirement. No single use, whether freestanding or contained in an integrated center, shall exceed 60,000 square feet of gross floor area.

(b) No integrated center shall exceed 125,000 square feet of total gross floor area.

(6) There shall be a 30-foot wide greenbelt within the front yard of all lots with frontage on U.S. Highway 421.

(J) Architectural design requirements. In reviewing the architectural design of building(s) proposed to built in the Overlay Zone, factors to he considered by the Plan Commission shall include, but are not limited to, the following.

(1) Design theme. Buildings shall be designed with an overall Zionsville theme consistent with or complementary to the Colonial, Federal, Georgian, Victorian or Greek Revival periods. New Buildings are not required to be imitative, but must incorporate the salient features of these architectural styles. Preexisting buildings on adjoining lots shall not be a factor in the design of new buildings.

(2) Building proportion. Buildings should avoid long, monotonous, uninterrupted walls or roof planes.

(3) Building height. The height of new primary buildings shall be at least one and one-half stories, or be designed to appear so from the front and sides. Retail and office buildings are encouraged to be two stories or more in height, with office or residential uses on the second floor. The minimum height for all buildings shall be 20 feet, either at the roof line or at the top of the parapet wall. Single-family dwellings shall have at least 50% of the structure reaching one and one-half stories or 20 feet at the roof line.

(4) Building facades.

(a) Facades shall have a defined base or foundation, a middle or modulated wall and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style. Buildings with continuous facades that are 90 feet or greater in width shall be designed with offsets (projecting or recessed) not less than eight feet deep, and at intervals of not greater than 60 feet.

(b) Facades constructed of more than one material shall only change material along horizontal or vertical lines (not diagonal lines). For material changes at the horizontal line, the heavier material shall always be placed beneath the lighter material. Front and side facades of buildings located on corner lots shall be of the same materials and similarly detailed.

(5) Roofs.

(a) Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

(b) Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

1. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building.

2. In no case shall rooftop mechanical equipment be visible from adjoining R districts.

3. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure.

4. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the buildings selected architectural design.

(6) Entrances. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the building. Building facades for industrial and warehouse uses shall be designed with a main entrance and at least two window openings associated with this doorway.

(7) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure.

(8) Awnings. Fixed or retractable awnings are permitted if they: complement a building’s architectural style, material, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(9) Storefronts.

(a) Storefronts shall be integrally designed with overall facade character. Ground floor retail, service and restaurant uses should generally have large pane display windows; however, they shall not exceed 75% of the total ground level (first floor) facade area.

(b) Buildings with multiple storefronts shall be of unified design, through the use of common materials, architectural details, signs and lighting consistent with the overall building style.

(10) Drive-through service units. Drive-through service units are prohibited in the Overlay Zone. Exception: When the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility or its component drive-through service unit as a land use. See "drive-through facilities" for additional criteria.

(11) Suitability of building materials. Unless otherwise approved by the Plan Commission, building materials shall be consistent with or complementary to those which replicate Colonial, Federal, Georgian, Victorian and Greek Revival periods of American architecture, as follows.

(a) Exposed foundations shall be constructed of one or more of the following:

1. Brick in a color historically consistent with the architectural style;

2. Stone (limestone, granite, fieldstone and the like); or

3. Split-face block or architectural pre-cast concrete, if surface looks like brick or stone.

(b) Facade walls shall be constructed of any combination of:

1. Stone;

2. Smooth cut cedar shingles;

3. Wood clapboard siding;

4. Brick in a color historically consistent with the architectural style;

5. Wood beaded siding; or

6. Stucco with smooth finish, or dryvit (or equivalent), not to exceed 20% of the overall non-window facade area.

(12) Topography. Design in relation to topography of the site, which minimizes cut and fill and limits maximum onsite slope to 10%.

(13) Landscape design. Design of proposed landscaping in relation to structures.

(14) Consistency with style and period. Overall aesthetics of the proposed building, including color, are consistent with the architectural style and period.

(15) Building orientation. The primary building shall be oriented to U.S. Highway 421, so that the front of the building faces the highway. In the case where there is more than one primary building on a lot, at least one building shall be oriented to U.S. Highway 421. Where the primary building is designed to have three or more users (such as the case of multiple lease spaces), a maximum of two uses shall be oriented to U.S. Highway 421. Accessory buildings (including residential garages, storage buildings and the like) shall be located behind the primary building.

(K) Landscaping requirements.

(1) Landscape plan. The applicant shall submit a landscape plan to the Plan Commission as part of the development plan application, per § 194.126 of this chapter.

(2) Areas to be landscaped.

(a) Greenbelt. The 30-foot greenbelt shall be composed of grass and landscape areas. The incorporation of walkways and bikeways into the design is encouraged; however, no parking areas, through roads, buildings, accessory structures and the like shall be established within this area.

(b) Foundation plantings. Foundation plantings shall be included along all sides of any building. The minimum width of the planting area shall be five feet; except that, when adjoining a parking area located in the front yard adjoining U.S. Highway 421, the minimum width shall be ten feet.

(c) Peripheral plantings. Minimum side and rear yard landscaping shall occur per the requirements of the underlying primary zoning district.

(d) Parking lots. Per standards specified in § 194.060 of this chapter.

(e) Screening areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, legally non-conforming outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the U.S. Highway 421 right-of-way and adjoining residential zones or uses, by means of walls, fencing, parapets, penthouse screens, landscaping, camouflage or other approved method.

(3) Landscaping standards.

(a) The interior dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum interior widths for planting areas shall be used:

1. Canopy trees: nine feet;

2. Ornamental trees: seven feet; and

3. Shrubs (only): five feet.

(b) All plant material proposed to be used in accordance with any landscape plan shall meet the following specifications.

1. Shade trees: a minimum trunk diameter of two and one-half inches at six inches above grade, a minimum height of eight feet, and a branching height of not less than one-third or more than one-half of tree height.

2. Ornamental trees: a minimum trunk diameter of one and one-half inches at six inches above grade, a minimum height of six feet, and a branching height of not less than one-third or more than one-half of tree height.

3. Evergreen trees: a minimum height of eight feet, and a width of not less than three- fifths of the height.

4. Deciduous shrubs: a minimum height of 18 inches, no less than six main branches upon planting and a mature height no greater than 36 inches.

5. Evergreen shrubs: a minimum height and spread of 18 inches, maximum mature height of 36 inches.

(c) The primary landscaping materials used in the greenbelt shall be shade trees, ornamental trees, shrubs, ground covers and grass.

1. A minimum of three shade trees and one ornamental tree shall be provided per 100 linear feet of greenbelt.

2. Shade trees planted within the greenbelt parallel to the U.S. Highway 421 right-of-way shall be spaced neither less than 15 feet apart, nor more than 40 feet apart.

3. Existing shade trees within the greenbelt that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the greenbelt area, two fewer trees are required to be planted within the applicable 100 linear feet.

(d) The primary landscaping materials used adjacent to buildings shall be shrubs, ground covers and ornamental grasses.

(e) Parking lots.

1. Interior landscaping. A minimum of one shade tree and five shrubs shall be planted within each parking lot for every seven spaces provided, or not less than 20 trees per acre of parking. However, for buildings with parking areas located in a front yard, with frontage directly on U.S. Highway 421, a minimum of one shade tree and five shrubs shall be planted within each parking lot for every five spaces provided or not less than 24 trees per acre of parking.

2. Parking lot perimeter planting. Where parking areas are located in the front yard, with frontage directly on U.S. Highway 421, a six-foot wide perimeter planting area shall be provided along the front and sides of those areas.

a. The required planting unit for this area shall include two shade trees, three ornamental trees and 30 shrubs per 100 linear feet.

b. The perimeter planting area shall be provided in addition to the greenbelt area.

c. Existing shade trees within the greenbelt that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the greenbelt area, two fewer trees are required to be planted within the applicable 100 feet.

3. Front and side parking. Parking areas within front and side yards shall be completely screened from view. Such screening shall be subject to Plan Commission approval.

(4) Landscaping installation and maintenance.

(a) Installation. All landscaping approved as part of the landscape plan portion of development plan approval shall be installed prior to the issuance of a certificate of occupancy. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the certificate of occupancy for an amount equal to 125% of the total installed cost of the required landscaping.

(b) Maintenance. It shall be the responsibility of the owners and their agents to ensure proper maintenance of all trees, shrubs and other landscaping approved as part of the landscape plan portion of development plan approval in accordance with the standards set by this chapter. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute approved by the Building Commissioner, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds.

(d) Inspection. The Building Commissioner or his or her designee may visit any tract within the Overlay Zone to inspect the landscaping and check it against the approved plan on file.

(L) Parking requirements.

(1) Parking spaces required, and the dimensions of those parking spaces: see § 194.108 of this chapter.

(2) Landscaping standards: see division (K) above.

(3) Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts or parcels within the Overlay Zone, preferably via a frontage road network. Sites utilizing front-loaded parking areas shall provide for continuous access across the rear of the site to adjoining tracts or parcels. As part of the development plan submission. The petitioner shall provide a site circulation plan that illustrates to the Plan Commission how coordinated access will occur relative to the overall U.S. Highway 421 Corridor.

(4) Circulation plan that illustrates to the Plan Commission how coordinated access will occur relative to the overall U.S. Highway 421 Corridor.

(5) All parking areas and drives (including residential driveways) shall be paved with asphalt or concrete. Brick pavers or other decorative pavements may be used as accents in parking area design. Poured-in-place concrete curbs shall be used.

(6) Parking within font yard setbacks shall be discouraged and limited to a maximum of two rows of the total required parking. Parking within the front yard setbacks shall be subject to minimum greenbelt width, minimum bufferyard requirements and maximum building setback standards.

(M) Lighting requirements. See § 194.113.

(N) Access to individual tracts. The purpose of this section is to make the closing of all curb cuts along U.S. Highway 421 possible by establishing a common access road to the rear parking lots of all tracts within the Overlay Zone. Frontage streets and common entrances shared by several properties and development shall be encouraged and may be required at the discretion of the Plan Commission. In those cases where tracts can be accessed via connection to a primary or secondary arterial street, local street or adjoining parking lot, curb cuts shall not be established on U.S. Highway 421. The Plan Commission shall encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the state’s Department of Transportation. Bicycle and pedestrian circulation to and through the site shall be coordinated with vehicular access, greenbelt design and parking.

(O) Other requirements.

(1) Trash collection. Trash collection and recycling areas shall be enclosed and screened on all sides, with a minimum six-foot tall opaque wall. Trash collection and recycling areas shall be in the rear of all buildings.

(2) Loading areas. Loading areas and trash collection areas shall be permitted per the needs of the business establishments and shall be identified on the development plan. Loading spaces and overhead doors shall face to the rear of all buildings. Should a loading space be located adjacent to or visible from a public right-of-way, or established on the side of a building through any circumstance. It shall be screened per Plan Commission approval.

(3) Emergency access. All emergency access areas and facilities shall be shown on the site plan and reviewed by the town’s Fire Chief.

(4) Signs. A sign plan for the proposed development shall be submitted to the Plan Commission for its approval as part of the development plan application. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. Should a development plan-approved sign plan be replaced with a new design, the amended sign plan must go before the Plan Commission for review and approval. Individual signs which conform to both §§ 194.160 through 194.169 of this chapter and to the approved sign plan shall not require further approval. However, such signs shall require an improvement location permit.

(5) Conforming uses. A development plan shall be submitted to the Plan Commission for its approval when a legally established non-conforming use is changed to a conforming use and when either:

(a) Any new building is to be constructed; or

(b) Any existing building or site development (including addition of parking lot) is expanded by more than 30%.

(6) Non-conforming uses. A development plan shall be submitted to the Plan Commission for its approval when a legally established non-conforming use is altered as follows:

(a) A building has been more than 60% destroyed;

(b) Any expansion of a building or site development (including addition of parking lot). Normal maintenance and repair is exempt from the development plan approval requirement; or

(P) Application procedure. See §§ 194.125 through 194.128 of this chapter.

(Q) Validity of approval of the application by the Plan Commission.

(1) An approved development plan petition shall be valid for two years from the date of approval.

(2) If construction of the building(s) has (have) not started at the end of the two-year period, the development plan request shall be re-submitted to the Plan Commission for consideration and disposition.

(Ord. 2000-16, passed 8-28-2000, § 2.39; Ord. 2016-04, passed 4-5-2016; Ord. 2016-23, passed 12-19-2016; Ord. 2020-01, passed 1-6-2020)

§ 194.079 RURAL: OVERLAY DISTRICTS.

(A) Purpose, intent and authority.

(1) The purpose of this section is to provide for overlay districts, establish consistent procedures for their establishment and to foster the purposes of this chapter.

(2) The intent of overlay districts is to give the town a tool to address specifically identified areas of the jurisdiction that require special attention and guidance. In addition to the zoning ordinance purposes, the general purposes of overlay districts are to promote coordinated, quality development per the land use recommendations set forth in the Comprehensive Plan; to establish basic development standards for structures, landscaping and other improvements on the properties within overlay districts which promote high quality and innovative site design while at the same time encourage efficient land usage; and to establish development standards which will encourage capital investments for the development of those properties within overlay districts.

(3) The authority to establish overlay districts is based on the goals and objectives of the town’s Comprehensive Plan and I.C. 36-7-4-600.

(B) Establishment of overlay districts

(1) The establishment of an overlay district shall be a combination of a zoning text amendment and a zoning map amendment and shall be processed concurrently. To simplify the process, the public hearings shall be advertised and held together; when considering the overlay district establishment, the town and the legislative body shall consider the recommendations together, the legislative body’s certifications shall be combined, and the adopting ordinances shall be combined.

(2) The town or any participating legislative body of the jurisdiction shall only initiate overlay districts. I.C. 36-7-4-602(b) and (c) and I.C. 36-7-4-607 and 36-7-4-608 shall govern the procedure for the establishment of overlay districts.

(1) Purpose, intent and authority.

(a) It is the purpose of the U.S. Highway 421 - Michigan Road Corridor Overlay District (the “Overlay District”) to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known as Michigan Road) in the unincorporated areas of Boone County, Indiana. The town, in establishing this district, does so in compliance with I.C. 36-7-4-600 et seq. and I.C. 36-7-4-1400 et seq.

(b) It is recognized that U.S. Highway 421 is an important corridor to the town. Therefore, it is the further purpose of the Overlay District to promote coordinated, quality development per the land use recommendations set forth in the Comprehensive Plan; to establish basic standards for structures, landscaping, and other improvements on the properties within the Overlay District which promote high quality, innovative site design and at the same time encourage efficient land usage; to establish development standards which will encourage capital investments for the development of those properties along and abutting U.S. Highway 421; to promote the steady flow of traffic; and, to promote the quality, scale and character of development consistent with the land uses envisioned in the Comprehensive Plan.

(c) This Overlay District further seeks to foster development that will provide this district with a special sense of place that will increase property values, protect existing residential uses, and attract new businesses. More specifically, the creation of this special sense of place shall be encouraged by means of a coordinated set of design principles for buildings, site planning, landscaping and signs. These principles are intended to guide individual development activities so that they will work together visually in support of the common architectural theme described below.

(2) District boundaries. The boundaries of the Overlay District are hereby established as shown on the official zoning maps for the town. The boundaries extend 400 feet on either side of the U.S. Highway 421 right-of-way, as shown on INDOT’s plans numbered STP-135-2(008), as they existed on 1-17-2000, for that portion of U.S. Highway 421 south of 121st Street (also known as Greenfield Road or County Road 550 South) and as it existed on 1-1-2003 for that portion of U.S. Highway 421 north of 121st Street within the county. The official zoning maps for the county are officially amended by the adoption of this chapter to include the Overlay District per the boundaries set forth.

(3) Town approval. The town must approve, approve with conditions or disapprove the development plan for any tract of land in the Overlay District including, without limitation, any proposed development in connection with a residential subdivision. However, development plan approval by the town is not required for single-family dwellings to be constructed on individual single-family lots within any residential subdivision.

(4) Permitted uses. All uses which are permitted in a given site’s underlying primary zoning districts, except those uses expressly excluded are permitted in the Overlay District.

(5) Permitted special exceptions. All special exceptions, which are permitted (upon obtaining the grant of a special exception from the Board of Zoning Appeals) in the underlying primary zoning district(s), except the uses expressly excluded are permitted in the Overlay District.

(6) Excluded uses. The following uses are prohibited in the Overlay District:

(a) Adult entertainment businesses;

(b) Amusement park;

(d) Car washes;

(e) Carnivals, fairs, circuses;

(f) Confined feed operations;

(g) Disposal of radioactive materials;

(h) Drive-through facilities; exception: when the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility as a land use.

1. In all cases, drive-through facilities and/or service units, including service window(s), menu board(s), vehicle aisles and/or the like shall not be placed between the public right-of-way and the associated building;

2. Drive-through windows for banks, drugstores, and other uses without menu boards shall be located at the rear of a building, and shall be located in a manner where they cannot be seen from the public rights-of-way;

3. Drive-through facilities for restaurants and other uses that utilize a menu board shall be required to have the menu board located at the rear of the building and be located in a manner where it cannot be seen from public rights-of-way. The drive-through window may be located on the side of a building, and the drive-through window lane exit area shall be screened from the public right-of-way with a landscape island at the facility exit to screen the drive-through lane and window. Drive-through facilities on either side of a building that are visible to pass-by traffic shall be screened by a five-foot wide landscape buffer of a length to cover the entire drive-through stacking area;

4. Alternate locations for drive-through windows, stalls, menu boards, and/or associated auto-centric components may be considered by the Plan Commission (PC) on a case- by-case basis when seeking development plan approval.

(i) Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;

(j) Flea market;

(k) Garbage disposal plant/sanitary landfill;

(l) Go-cart track;

(m) Grain elevator;

(n) Junk or salvage yard;

(o) Manufactured home dwelling sales;

(p) Mini-warehouses or self-storage facilities;

(q) Mobile home court;

(r) Off-premises (outdoor advertising);

(s) Outdoor storage, with the exception of propane tanks that are for lease or purchase;

(t) Outdoor theater;

(u) Penal or correctional institution;

(v) Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the state’s Board of Health or by the county’s Health Department;

(w) Refining or manufacturing of petroleum products;

(x) Refining of manufacturing of asphalt, cement, gypsum, lime, wood preservatives;

(y) Roadside sales stand;

(z) Sand and gravel extraction or sales;

(aa) Truck stop;

(bb) Warehouses; and

(cc) Water slide.

(7) Accessory buildings and uses. All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted; except that, any detached accessory building in any development plan shall be on all sides the same building proportions, architectural features, construction, materials and in general to be architecturally compatible with the primary building(s) with which it is associated.

(8) Minimum lot area. The minimum lot area required within the Overlay District shall be those dictated by the requirements of the underlying zoning district. All lots within the Overlay District shall be subject to development plan approval, with the exception of individual lots for single-family dwellings. For lots located only partially within the Overlay District, a development plan shall be submitted to the town for the entire tract to be developed and the entire tract shall be subject to the requirements of these ordinances.

(9) Height and area requirements.

(a) Building height: see § 194.082, Table 3.

(b) Front yard for parcels with frontage on U.S. Highway 421 right-of-way:

1. Minimum: 30 feet, measured from the U.S. Highway 421 right-of-way. This measurement shall include the mandatory 30-foot landscape buffer; and

2. Maximum: 120 feet, measured from the U.S. Highway 421 right-of-way. This measurement shall include the mandatory 30-foot landscape buffer.

(d) Gross floor area.

1. All principal business and industrial buildings shall have a minimum of 2,500 square feet of gross floor area, excluding the floor area of any accessory buildings. Accessory buildings need not meet the minimum floor area requirement.

2. Primary residential structures, however, shall meet the minimum floor area specified in the underlying zoning district.

(e) Landscape buffer: there shall be a 30-foot wide landscape buffer within the front yard of all lots with frontage on U.S. Highway 421.

(10) Architectural design requirements. In reviewing the architectural design of building(s) proposed to be built in the Overlay District, factors to be considered by the town shall include, but are not limited to, the following.

(a) Design theme. Buildings shall be designed with an overall theme consistent with or complementary to the Colonial, Federal, Georgian, Victorian or Greek Revival periods. New buildings are not required to be imitative, but must incorporate the salient features of these architectural styles. Pre-existing buildings on adjoining lots shall not be a factor in the design of new buildings.

(b) Building proportion. Buildings should avoid long, monotonous, uninterrupted walls or roof planes.

(c) Building height. The height of new primary buildings shall be at least one and one-half stories, or be designed to appear so from the front and sides. Retail and office buildings are encouraged to be two stories or more in height. The minimum height for all buildings shall be 20 feet, either at the roof line or at the top of the parapet wall. Single-family dwellings shall have at least 50% of the structure reaching one and one-half stories or 20 feet at the roof line.

(d) Building facades. Facades shall have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style. Buildings with continuous facades that are 90 feet or greater in width, shall be designed with offsets (projecting or recessed) not less than eight feet deep, and at intervals of not greater than 60 feet. Facades constructed of more than one material shall only change material along horizontal or vertical lines (not diagonal lines). For material changes at the horizontal line, the heavier material shall always be placed beneath the lighter material. Front and side facades of buildings located on corner lots shall be of the same materials and similarly detailed.

(e) Roofs.

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining residential districts or from U.S. Highway 421. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the buildings selected architectural design.

(f) Entrances. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the Building. Building facades for industrial and warehouse uses shall be designed with a main entrance and at least two window openings associated with this doorway.

(g) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure.

(h) Awnings. Fixed or retractable awnings are permitted if they complement a building’s architectural style, material, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(i) Storefronts. Storefronts shall be integrally designed with overall facade character. Ground floor retail, service and restaurant uses should generally have large pane display windows; however, they shall not exceed 75% of the total ground level (first floor) facade area. Buildings with multiple storefronts shall be of unified design, through the use of common materials, architectural details, signs and lighting consistent with the overall building style.

(j) Drive-through service units. Drive-through service units are prohibited in the Overlay District. Exception: When the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility or its component drive-through service unit as a land use. See "drive-through facilities" for additional criteria.

(k) Suitability of building materials. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. Building materials shall be consistent with or complementary to those which replicate Colonial, Federal, Georgian, Victorian and Greek Revival periods of American architecture, as follows:

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the architectural style;

b. Stone (limestone, granite, fieldstone and the like); or

c. Split-face block or architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Smooth cut cedar shingles;

c. Wood clapboard siding;

d. Brick in a color historically consistent with the architectural style;

e. Wood beaded siding; or

f. Stucco with smooth finish, or external insulation and finish system (E.I.F.S.); not to exceed 20% of the overall non-window facade area.

3. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements, (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (C)(23) below.)

(11) Topography. Design in relation to topography of the site, which minimizes cut and fill and limits maximum on-site slope to 10%.

(12) Landscape design. Design of proposed landscaping in relation to structures.

(13) Consistency with style and period. Overall aesthetics of the proposed building, including color, are consistent with the architectural style and period.

(14) Building orientation. The primary building(s) shall be oriented to U.S. Highway 421, so that the front of the building faces the highway. Where the primary building is designed to have three or more users (such as the case of multiple lease spaces), a maximum of two uses shall be oriented to U.S. Highway 421. Accessory buildings (including residential garages, storage buildings and the like) shall be located behind the primary building. No primary or accessory building shall have service doors, garage doors, loading doors or similar service entrances opening toward or oriented to U.S. Highway 421.

(15) Landscaping requirements.

(a) Landscape plan. The applicant shall submit a landscape plan to the town as part of the development plan application, per §§ 194.125 through 194.128 of this chapter.

(b) Areas to be landscaped.

1. Landscape buffer. The 30-foot landscape buffer shall be composed of grass and landscape areas. The incorporation of walkways and bikeways into the design is encouraged; however, no parking areas, through roads, buildings, accessory structures and the like shall be established within this area.

2. Foundation plantings. Foundation plantings shall be included along all sides of any building. The minimum width of the planting area shall be five feet; except that, when adjoining a parking area located in the front yard adjoining U.S. Highway 421, the minimum width shall be ten feet.

3. Peripheral plantings. Minimum side and rear yard landscaping shall occur per the requirements of the underlying primary zoning district.

4. Parking lots. Per standards specified in this chapter.

5. Screening areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, legally non-conforming outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the U.S. Highway 421 right-of-way and adjoining residential districts or uses, by means of walls, fencing, parapets, penthouse screens, landscaping, camouflage or other approved method.

1. The interior dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum interior widths for planting areas shall be used:

a. Canopy trees: nine feet;

b. Ornamental trees: seven feet; and

c. Shrubs (only): five feet.

2. All plant material proposed to be used in accordance with any landscape plan shall meet the following specifications.

a. Shade trees: a minimum trunk diameter of two and one-half inches at six inches above grade, a minimum height of eight feet and a branching height of not less than one-third or more than one-half of tree height.

b. Ornamental trees: a minimum trunk diameter of one and one-half inches at six inches above grade, a minimum height of six feet and a branching height of not less than one-third or more than one-half of tree height.

c. Evergreen trees: a minimum height of eight feet, and a width of not less than three-fifths of the height.

d. Deciduous shrubs: a minimum height of 18 inches, no less than six main branches upon planting, and a mature height no greater than 36 inches.

e. Evergreen shrubs: a minimum height and spread of 18 inches, maximum mature height of 36 inches.

3. Landscape buffer: the primary landscaping materials used in the landscape buffer shall be shade trees, ornamental trees, shrubs, ground covers and grass.

a. A minimum of three shade trees and one ornamental tree shall be provided per 100 linear feet of landscape buffer.

b. Shade trees planted within the landscape buffer parallel to the U.S. Highway 421 right-of-way shall be spaced neither less than 15 feet apart nor more than 40 feet apart.

c. Existing shade trees within the landscape buffer that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the landscape buffer area, two fewer trees are required to be planted within the applicable 100 linear feet.

4. Foundation plantings: the primary landscaping materials used adjacent to buildings shall be shrubs, ground covers and ornamental grasses.

5. Parking lots.

a. Interior landscaping. A minimum of one shade tree and five shrubs shall be planted within each parking lot for every seven spaces provided, or not less than 20 trees per acre of parking. However, for buildings with parking areas located in a front yard, with frontage directly on U.S. Highway 421, a minimum of one shade tree and five shrubs shall be planted within each parking lot for every five spaces provided, or not less than 24 trees per acre of parking.

b. Parking lot perimeter planting. Where parking areas are located in the front yard, with frontage directly on U.S. Highway 421, a six-foot wide perimeter planting area shall be provided along the front and sides of those areas.

i. The required planting unit for this area shall include two shade trees, three ornamental trees and 30 shrubs per 100 linear feet.

ii. The perimeter planting area shall be provided in addition to the landscape buffer area.

iii. Existing shade trees within the landscape buffer that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the landscape buffer area, two fewer trees are required to be planted within the applicable 100 feet.

c. Front and side parking. Parking areas within front and side yards shall be completely screened from view. Such screening shall be subject to town approval.

d. Landscaping installation and maintenance.

i. Installation. All landscaping approved as part of the landscape plan portion of development plan approval shall be installed prior to the issuance of a certificate of occupancy. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the certificate of occupancy for an amount equal to 125% of the total installed cost of the required landscaping.

ii. Maintenance. It shall be the responsibility of the owners and their agents to ensure proper maintenance of all trees, shrubs and other landscaping approved as part of the landscape plan portion of development plan approval in accordance with the standards set by this chapter. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute approved by the town, irrigation and mulching of planting areas and keeping the area free of refuse, debris, rank vegetation and weeds.

iii. Changes after approval. See §§ 194.200 through 194.202 of this chapter.

iv. Inspection. The town or its designee may visit any tract within the Overlay District to inspect the landscaping and check it against the approved plan on file.

(16) Parking requirements.

(a) Parking spaces required, and the dimensions of those parking spaces.

(b) Landscaping standards: see above.

(c) Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts or parcels within the Overlay District, preferably via a frontage road network. Sites utilizing front-loaded parking areas shall provide for continuous access across the rear of the site to adjoining tracts or parcels. As part of the development plan submission, the petitioner shall provide a site circulation plan that illustrates to the town how coordinated access will occur relative to the overall U.S. Highway 421 Corridor.

(d) All parking areas and drives (including residential driveways) shall be paved with asphalt or concrete. Brick pavers or other decorative pavements may be used as accents in parking area design. Poured-in-place concrete curbs shall be used.

(e) Parking within front yard setbacks shall be discouraged and limited to a maximum of two rows of the total required parking. Parking within the front yard setbacks shall be subject to minimum landscape buffer width, minimum bufferyard requirements and maximum building setback standards.

(17) Lighting requirements. See § 194.113.

(18) Access to individual tracts.

(a) The purpose of this section is to make the closing of all curb cuts along U.S. Highway 421 possible by establishing a common access road to the rear parking lots of all tracts within the Overlay District. Frontage streets and common entrances shared by several properties and developments shall be strongly encouraged, especially in those cases where tracts can be accessed via connection to a primary or secondary arterial street, local street, or adjoining parking lot.

(b) The town shall encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the state’s Department of Transportation. Bicycle and pedestrian circulation to and through the site shall be coordinated with vehicular access, landscape buffer design and parking.

(19) Other requirements.

(a) Trash collection. Trash collection and recycling areas shall be enclosed and screened on all sides, with a minimum six-foot tall opaque wall. Trash collection and recycling areas shall be in the rear of all buildings.

(b) Loading areas. Loading areas and trash collection areas shall be permitted per the needs of the business establishments and shall be identified on the development plan. Loading spaces and overhead doors shall face to the rear of all buildings. Should a loading space be located adjacent to or visible from a public right-of-way, or established on the side of a building through any circumstance, it shall be screened per town approval.

(c) Emergency access. All emergency access areas and facilities shall be shown on the site plan and reviewed by the town’s Fire Department.

(d) Signs. A sign plan for the proposed development shall be submitted to the town for approval as part of the development plan application. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the town. Should a development plan-approved sign plan be replaced with a new design, the amended sign plan must go before the town for review and approval. Individual signs that conform to this chapter and to the approved sign plan shall not require further approval, however, such signs shall require an improvement location permit.

(e) Conforming uses. A development plan shall be submitted to the town for its approval when a legally established non-conforming use is changed to a conforming use and when either:

1. Any new building is to be constructed; or

2. Any existing building or site development (including addition of parking lot) is expanded by more than 30%.

(f) Non-conforming uses. A development plan shall be submitted to the town for its approval when a legally established non-conforming use is altered as follows:

1. A building has been more than 60% destroyed;

2. Any expansion of a building or site development (including addition of parking lot). Normal maintenance and repair is exempt from the development plan approval requirement; and

3. If property or building is vacant for more than year.

(20) Off-premises (outdoor advertising) signs. Off-premises signs will not be allowed in the U.S. Highway 421 Overlay District.

(21) Application procedure.See § 194.125 of this chapter.

(22) Validity of approval of the application by the town.

(a) An approved development plan petition shall be valid for two years from the date of approval.

(b) If construction of the building(s) has (have) not started at the end of the two-year period, the development plan request shall be re-submitted to the town for consideration and disposition.

(23) Waiver of development requirements.

(a) Building materials findings. The town may grant a waiver of the building materials development requirements and approve the use of alternate exterior building materials on any facade of a building upon finding that:

1. The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the building and will not be detrimental to the use or value of area properties;

2. The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

3. The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of, other buildings and development located along the street; and

4. The building materials utilized are consistent with the intent and purpose of this chapter.

(b) Architectural design findings. The town may grant a waiver of the architectural design requirements of section of this chapter and approve an architectural design which does not incorporate the overall theme or incorporate the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:

1. The Architectural design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;

2. The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

3. The building design is consistent with and compatible with other development located along the street; and

4. The proposed building is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.40; Ord. 2016-04, passed 4-5-2016; Ord. 2016-23, passed 12-19-2016; Ord. 2020-01, passed 1-6-2020)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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