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DIVISION 4. U.S. HIGHWAY 41 OVERLAY DISTRICT
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(a) Generally. The purpose of the U.S. Highway 41 overlay district (hereinafter "U.S. 41 district") is to promote and protect the public health, safety, comfort, convenience, and general welfare by providing consistent and coordinated treatment of the properties located near U.S. Highway 41 (a/k/a Wicker Avenue) in the Town. The U.S. 41 district is intended to serve as a tool for implementing the development policies and guidelines for the U.S. Highway 41 corridor as provided in the comprehensive plan. U.S. Highway 41 is an important retail corridor to the Town and is a premier commercial retail location and employment center whose viability, quality, and character are important to the community, to adjacent residents, to employees, to business owners, and to taxing districts. Further, the U.S. 41 district is an overlay zone imposed on the current and existing zoning in the designated area. Therefore, the purpose of the U.S. 41 district is to preserve the aesthetic qualities of those bordering properties through:

(1) Promotion of coordinated development in the U.S. 41 district;

(2) Establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the U.S. 41 district which permit innovative site designs and at the same time encourage efficient land usage; and

(3) 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 to the U.S. Highway 41 district requirements.

(c) Development plan. The Plan Commission shall review the development plan of any proposed use of any lot or parcel within the U.S. 41 district prior to the issuance of a building permit by the Town pursuant to article XVI.

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

(e) District boundaries. The boundaries of the U.S. 41 district are between the railroad right-of-way on the east and the residential parcels on the west along U.S. Highway 41 and the northern and southern municipal corporate boundaries as approved on the zoning map.

(Ord. No. 1483, § 1, 1-15-09)