DIVISION 2. TOWN CENTER OVERLAY DISTRICT
Sec. 24-301. Purpose.
(a) Generally. The purpose of the Town center overlay district (hereinafter "town center district") is to protect and enhance the health, safety, and welfare of the citizens and property owners of the Town by allowing for the establishment of a town center district that will support a range of activities and opportunities to all segments of the community; will support mixed-uses in multi-story buildings; is pedestrian oriented and supportive of multiple modes of transportation; and will provide buildings and a streetscape which are attractive and safely designed in order to enhance the livability of the Town. Further, the Town center district is an overlay zone imposed on the current and existing zoning in the designated area. It is the intent of the Town center district to achieve the purpose by:
(1) Providing a consistent urban design treatment for private and public uses and properties located in town center district;
(2) Providing additional opportunities for investment and reinvestment of real estate by allowing higher intensity of development;
(3) Minimizing suburban sprawl, through re-use and redevelopment of the community's existing land resources;
(4) Minimize community infrastructure costs through more efficient use of land; and
(5) Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall community appearance.
Further, it is the intent of this Town center district to provide temporary regulations that will support the ongoing redevelopment of town center, acting as a transition regulation until a specific plan for town center is adopted, and which plan will serve as the basis for further town center district regulations. The Town center district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed.
(b) Application procedure. An applicant must submit a development plan.
(c) District boundaries. The boundaries of the Town center district are U.S. 41, 85th Avenue, Thelen Street, and 93rd Street as approved on the Town zoning map.
(d) Plan Commission approval. The Plan Commission shall approve, approve with conditions, or disapprove the development plan for any tract of land in the Town center district.
(e) Development plan procedure. A public hearing shall be held by the Plan Commission before it decides whether to approve or disapprove a development plan. A development plan shall be required for any new construction and additions to existing structures that exceed fifty (50) percent of the original gross floor area of the existing structure.
(f) Development plan review. The Plan Commission shall review the development plan, access to property, site layout, parking, and site circulation consistent with the provisions of article XVII, and such approvals shall be necessary prior to:
(1) The establishment of any use of land;
(2) The issuance of any building permit, except maintenance and/or repairs consistent with previously approved development plan. In cases where properties were developed prior to development plan requirement, maintenance and/or repairs shall be consistent with the previously approved building permit; and
(3) Any change in site improvements, which are not consistent with, previously approved development plan. In cases where properties were developed prior to development plan requirement, changes in site improvements shall be consistent with the previously approved development plan.