§ 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.
         (c)   Primary residential structures shall meet the minimum floor area specified in the underlying zoning district.
      (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.
         (c)   Flat roofs.
            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.
         (c)   Changes after approval. See § 194.127 of this chapter.
         (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
         (c)   If property or building is vacant for more than year.
   (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)