§ 6.3. DOWNTOWN OVERLAY DISTRICT.

(A) Intent. The intent of the Downtown Overlay District is to promote the continuation of higher density mixed-use development in the downtown area of the city and to ensure a high degree of compatibility between existing and new development in keeping with traditional downtown development patterns. The district shall:

(1) Require a reasonable amount of design standards that assure compatible size, scale and massing of structures for new construction;

(2) Preserve existing historic character by encouraging rehabilitation of existing buildings;

(3) Protect property values and encourage continued investment;

(4) Encourage revitalization with pedestrian-oriented development with a mix of uses including residential, retail, service, office and entertainment; and

(5) Be consistent with the goals and policies of the comprehensive plan.

(B) Boundaries. The boundaries of the Downtown Overlay District are shown on the official zoning map. More specifically, the Downtown Overlay District is divided into two subareas and includes all land within the following designated boundaries:

(1) Commercial core. From a point that is 125 feet north of and 125 feet west of the intersection of North Street and West Street; east to a point that is 125 feet north of and 200 feet east of the intersection of North Street and East Street; south to a point that is 125 feet south of and 200 feet east of the intersection of East Street and SR 32; west to a point that is 125 feet south of and 125 feet west of the intersection of West Street and SR 32 (all measurements taken from the street centerlines).

(2) Integrated Residential/Commercial. From the intersection of Chicago Street and Jameson Street, east to the intersection of Chicago Street and Park Street, south to the intersection of Main Street and Indianapolis Avenue, southeast to the intersection of Indianapolis Avenue and Elm Street, west to the intersection of Elm Street and Evans Street, south 350 feet, west to Jameson Street, north to the intersection of Chicago Street and Jameson Street. This area excludes the Commercial Core in subsection (B)(1) above (all measurements taken from the street centerlines).

(C) General provisions/applicability. This chapter applies to any:

(1) Site or structure being located, erected, constructed, reconstructed, moved, altered, converted or enlarged that would require a development plan. Projects requiring an improvement location permit or a certificate of compliance with safety codes may need to comply with requirements of these sections at the discretion of the Planning and Zoning Administrator;

(2) Lot being used, altered or excavated;

(3) Existing uses being expanded, changed or new uses added; and

(4) Streetscape improvements including exterior facades, landscaping, lighting, street furnishings or other improvements.

(D) Relation to underlying zoning. In the case that this Overlay District overlaps other Overlay Districts, or where conflicting regulations occur, the following shall apply.

(1) The regulations of the Downtown Overlay District shall supercede the regulations of the Thoroughfare Overlay District. The Thoroughfare Overlay District shall supercede the regulations of the Interstate Overlay District. Where no special regulations are included within a specific Overlay District, the regulations of the underlying Overlay District shall apply, or in the case of no underlying Overlay District, the regulations of the underlying zoning district shall apply.

(2) In the case of conflicting regulations between the Thoroughfare Overlay District regulations of this section and other regulations in this ordinance, the hierarchy detailed in subsection (D)(1) above shall determine which regulations control.

(E) Procedures.

(1) A development plan is required for proposed new development or expansion of developments constituting more than 30% of the existing in the Downtown Overlay District. The Plan Commission shall review all development plan applications in accordance with § 9.17.

(2) Single-family uses on individual lots do not require Plan Commission approval and may be reviewed administratively by the city’s Technical Assistance Committee. The Planning and Zoning Administrator or his or her designee may grant approval. Single-family uses on individual lots are subject to development plan approval by the Plan Commission only when they are part of a major subdivision.

(3) Structures wholly or partly used as a dwelling/residence/commercial or service business shall be required to obtain a certificate of compliance, as per § 9.12 when a new lease/agreement is made or when there is a change of use or tenant. The certificate of compliance may require an inspection for compliance with the City Building Code. These projects generally will only require staff review but the Planning and Zoning Administrator/Building Inspector may require review by the Technical Assistance Committee.

(F) Development and design standards. The guidelines and standards contained herein provide guidance for quality design and compatible development consistent with the historic character of the area.

(1) Streets. The existing city street grid shall be maintained including provisions for alleys where possible. New construction shall observe maximum setbacks and locate close to the right-of-way to engage the pedestrian and encourage street activity.

(2) Sidewalks.

(a) Minimum sidewalk width shall be six feet.

(b) Special paving is encouraged for sidewalks in the downtown core.

(c) Special paving shall be used for crosswalks to distinguish the pedestrian areas from vehicular areas.

(d) Supporting columns, landscaping as specified in § 7.8, street furniture, street trees and signs as specified in § 7.7, shall be permitted within the sidewalk area within the Downtown Overlay district provided that a minimum horizontal clearance of 42 inches is maintained at all times.

(e) The minimum vertical clearance between the established grade of the public right-of-way and the underside of the encroaching structure shall be a minimum of nine feet.

(3) Off-street parking.

(a) Minimum off-street parking requirements within the Commercial Core shall be one-half of the required spaces specified in Table 7.4: Schedule of Parking Standards.

(b) Off-street parking shall not be located in the front yard of any structure within the Commercial Core.

(c) Shared and off-site parking shall be permitted in accordance with § 7.5.

(d) Parking lots within the Downtown Overlay District must be screened in accordance with § 7.8.

(e) Bicycle parking shall be required in accordance with § 7.5.

(4) Loading. Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from the public street right-of-way or adjacent residential uses.

(5) Vehicle and driveway access.

(a) Curb cuts from public streets are not permitted if an alley is present adjacent to the side or rear property line.

(b) Shared driveways are encouraged for lots that do not abut alleys.

(6) Landscaping and screening.

(a) Parking lot screening may include brick or masonry walls, instead of plant materials.

(b) A corridor buffer is not required in the Downtown Overlay District.

(7) Street trees.

(a) Street trees shall be planted a minimum distance of two feet from the curb. A list of suitable trees for street planting can be found in Table 7.11: Trees for Planting on Streets, Highways and Parking Lots (generally with high canopies, shade producing, hardy) or Table 7.12: Trees for Planting on Streets and Highways that Minimize Conflict With Overhead Utilities of § 7.8.

(b) Street trees shall be planted within the sidewalk right-of-way, provided that a horizontal sidewalk clearance of 42 inches is maintained. Trees shall be in a minimum planting area of 25 square feet. Tree grates may be used to maintain the required clearance.

(8) Lighting; pedestrian-scaled street lighting (not including site lighting).

(a) Ornamental street lights should attempt to maintain the style established by existing lighting on the Court House Square.

(b) Maximum light pole height shall be 20 feet.

(c) The light fixture shall direct light downward and be full cutoff, cutoff or semi-cutoff.

(9) Fencing and walls.

(a) Chainlink fencing shall be prohibited in the front yard. Fencing in the front yard shall be a minimum of 50% open.

(b) Retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of two feet. Retaining walls shall be split-face or textured finish concrete block faced with stone, brick or stucco.

(10) Signs.

(a) Sign area for uses in the Downtown Overlay District shall be one and one-half square feet per one linear foot of building frontage for an aggregate maximum of 100 square feet. The total aggregate sign area may be increased to 150 square feet if a combination of sign types (awning, projecting, suspended) is used.

(b) Signs shall be externally illuminated as per § 7.7.

(c) Commercial Core.

(1) Ground signs shall not be permitted in the Commercial Core.

(2) Electronic message board signs are not permitted within the Commercial Core.

(d) Integrated Residential/Commercial.

(1) The maximum height of post signs shall be five feet within the integrated residential/commercial area.

(2) The sign area of post signs shall not exceed 20 square feet.

(11) Public art. Public art including sculptures, play equipment, children’s fountains, bicycle racks and street furniture shall be permitted and is encouraged on private property, within public spaces, and within off-street public right-of-way, provided that a horizontal sidewalk clearance of 42 inches is maintained.

(12) Indoor/outdoor operations. All uses and operations must be indoor except off-street parking or loading areas, automated teller machines (ATMs), outdoor seating areas (alone or associated with a restaurant) or similar uses, provided that a horizontal sidewalk clearance of 42 inches is maintained.

(13) Use location.

(a) Commercial uses. Single-family residential uses on individual lots are exempt from this standard.

(1) General. Ground floor commercial uses should be oriented to the street.

(2) Commercial Core. All commercial and mixed-use structures in the Commercial Core shall have commercial uses located on 100% of the ground floor.

(3) Integrated Residential/Commercial. All commercial and mixed-use structures in the Integrated Residential/Commercial Core shall have commercial uses located on 50% of the ground floor.

(b) Residential uses. For nonresidential, mixed-use and multifamily residential structures, residential uses shall not be placed in any location within the first floor of a building that faces a collector street, arterial street or interstate.

(14) Architectural standards. The standards in § 7.18 shall apply in addition to the following.

(a) Transparency (building facade/windows). A minimum of 50% of each facade between two feet and ten feet high shall be transparent. First-floor residential buildings and places of worship are excluded from this requirement.

(b) Front porch. New residential construction in neighborhoods where more than 70% of homes have front porches of 32 square feet or more shall be required to have a front porch of at least 32 square feet.

(c) Building mass.

(1) Residential. For single- and two-family residential, new residential construction shall be of similar scale as the adjacent two homes on either side of the lot, and the three homes across the street, equaling a total of six homes for comparison.

(2) Nonresidential and multifamily.

a. New construction and renovations shall be compatible with existing development patterns and shall be oriented to the street.

b. Within the Commercial Core, the minimum building height shall be two floors.

(d) Story change. There shall be a clear delineation between each story of the structure provided by a consistent cornice line.

(e) Residential garages. Garages shall be accessed from the alley or side street. If front-loading, the garage face shall be set back ten feet from the front living area facade.

(f) Storefronts. Storefronts shall be internally illuminated with spots or other incandescent lighting, so as to display prominently and attractively the business or its products. Exterior lighting may be affixed to the buildings.

(G) Conversion standards. Refer to § 7.20.

(H) Prohibited uses.

(1) All uses prohibited by the Thoroughfare Overlay District are prohibited in the Downtown Overlay District.

(2) Drive-through facilities (not including pedestrian-only service windows) are prohibited in the Commercial Core.

(3) Car ports are prohibited in the Commercial Core.

(I) Accessory uses and building mechanical. Accessory uses and building mechanical shall be located to the side or rear of the principal structure and shall be located in the location of least visibility from the public right-of-way. Mechanical equipment shall be screened in accordance with § 7.8.

(Ord. 07-16, passed 12-10-2007; Ord. 2008-04, passed 6-23-2008; Ord. 2009-04, passed 4-13-2009)

Cross-reference:

Fence and wall standards, see Title XV. § 7.14

Sign regulations for sign types and additional regulations, see Title XV, § 7.7