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DIVISION 5. ROUTE 231 OVERLAY DISTRICT
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(a) Generally. The purpose of the Route 231 overlay district (hereinafter "Route 231 district") is to promote and protect the public health, safety, comfort, convenience and general welfare by providing consistent and coordinated treatment of the properties bordering Route 231 in the Town. The Route 231 district is intended to serve as a tool for implementing the development policies and guidelines for the Route 231 corridor as set forth in the comprehensive plan. Route 231 is an emerging retail corridor to the Town. The Route 231 corridor is oriented towards neighborhoods serving retail whose viability, quality, and character are important to the community, adjacent residents, employees, business owners, and taxing districts. Further, the Route 231 district is an overlay zone imposed on the current and existing zoning in the designated area. Therefore, it is the further purpose of the Route 231 district to preserve the aesthetic qualities of those bordering properties through:

(1) The promotion of coordinated development in the Route 231 district;

(2) The establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the Route 231 district which permit innovative site designs and at the same time encourage efficient land usage; and

(3) The establishment of development requirements that will encourage substantial capital investments for the development of those properties and promote the quality, scale and character of development.

(b) Plan Commission approval. The Plan Commission shall approve any new development in the corridor for compliance with the Route 231 district requirements.

(c) Development plan. The Plan Commission shall review the development plan of any proposed use of any lot or parcel of ground within the Route 231 district prior to the issuance of a building permit by the Town pursuant to article XVI.

(d) Application procedure. An applicant shall submit a development plan.

(e) District boundaries. The boundaries of the Route 231 district generally located between U.S. Highway 41 and Cline Avenue and approximately six hundred (600) feet from the Route 231 right-of-way on both sides of Route 231 are established as approved on the zoning map.

(f) Plan Commission review.

(1) The commission must approve, approve with conditions or disapprove the development plan for any tract of land located in the Route 231 district.

(2) development plan approval is not required for additions to existing structures which:

a. Are connected to the existing structure;

b. Continue the architectural design of the existing structure, including exterior color, similar materials, doors and windows, and other detailing;

c. Comply with requirements of the underlying primary zoning district;

d. Do not exceed twenty (20) percent of the original gross floor area of the existing structure, as existed on the enactment date of this chapter; and

e. Have received a prior development plan approval from the Plan Commission.

(3) The Plan Commission shall review a development plan application to determine if the development plan complies with the specified development requirements provided in article XVI in addition to the following items:

a. Existing site features, including topography and wooded areas;

b. Current zoning;

c. Surrounding zoning and existing land use;

d. Streets, curbs and gutters, sidewalks, and bicycle paths;

e. Access to public streets; provision for a perpetual access agreement with the municipality.

f. Driveway and curb cut locations in relation to other surrounding sites;

g. General vehicular and pedestrian traffic;

h. Vehicle and bicycle parking facilities and internal site circulation;

i. Special and general easements for public or private use;

j. On-site and off-site surface and subsurface storm water drainage including drainage calculations;

k. On-site and off-site utilities;

l. The means and impact of sanitary sewage disposal and water supply techniques;

m. Dedication of streets and rights-of-way, or reservation of land to be sold to governmental authorities for future development of streets and rights-of-way;

n. Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses;

o. Project signage;

p. Protective restrictions and/or covenants;

q. Compatibility of proposed project with existing development within the Route 231 district; and adjacent properties; and

r. Consistency with the policies for the Route 231 district, which are set forth in the comprehensive plan, including the thoroughfare plan.

(Ord. No. 1483, § 1, 1-15-09)