Sec. 742-108. - Development Plan Districts.
A. Generally.
1. Site and development plan consideration.
a. No use, building or structure shall hereafter be established, constructed or used on any land in a Development Plan District for any purpose other than lawfully existed on or prior to the date listed in Table 742-108-1, until a site and development plan for such land, including the proposed use or uses, has been filed with and approved by the Commission in accordance with this zoning ordinance.
Table 742-108-1: Date that lawfully established uses and structures must have existed
Development Plan District | Date
PK-1 and PK-2 Districts | May 7, 1969
HD-1 and HD-2 Districts | August 1, 1968
UQ-1 and UQ-2 Districts | March 16, 1967
SZ-1 and SZ-2 Districts | February 4, 2009
b. The Commission may consider and act upon any such proposed use and site and development plan, approve the same in whole or in part, and impose additional development standards, requirements, conditions, or commitments thereon at any public hearing of the Commission. The Commission must prescribe in its Rules of Procedure the requirements for an approval petition for site and development plan consideration that must be filed. In addition, the Rules of Procedure set forth the fees, hearing process, notice, and amendment procedures relative to any petition.
c. The Commission must make written findings concerning any decision to approve or disapprove a site and development plan filed under this section. The written findings must be based upon the requirements of Section 742-108. The president or secretary of the Commission must be responsible for signing the written findings.
2. Plan documentation and supporting information. The site and development plan must include layout and elevation plans for all proposed buildings and structures, and must indicate:
a. Proposed uses, buildings and structures.
b. All existing uses, buildings and structures, in addition to any proposed to be demolished.
c. Proposed buildings and structures and the use of each.
d. Elevations of all sides of each building.
e. Zoning and existing land uses of adjacent properties.
f. Off-street vehicle and bicycle parking layouts with summary table of the number of required off-street parking, loading, and stacking spaces.
g. Circulation plan for vehicles and pedestrians, in addition to vehicular entrances and exits and turnoff lanes.
h. Setbacks.
i. Landscaping, screens, walls, fences.
j. Outdoor activity areas.
k. Lighting plan.
l. Signs, indicating location, size, design, and illumination.
m. Sewage disposal facilities.
n. Storm drainage facilities.
o. Other utilities and underground facilities.
p. Sample color and materials palette for all proposed structures, as well as fences.
q. Information related to the development's environmental impact, such as application for LEED certification, paving permeability, and other sustainable techniques.
3. Site and development requirements. Land in the Development Plan Districts is subject to the following site and development requirements. In review of the proposed site and development plan, the Commission must assess whether the site and development plan, proposed use, buildings and structures must:
a. Be so designed as to create a superior land development plan, in conformity with the Comprehensive Plan;
b. Create and maintain a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the Development Plan District and with adjacent uses;
c. Provide sufficient and adequate multi-modal access, such as parking and loading areas, transit provisions, and bicycle facilities;
d. Integrate a multi-modal transportation network using active and passive traffic control with the existing and planned public streets and interior roads;
e. Provide adequately for sanitation, drainage and public utilities in a sustainable, low-impact manner;
f. Allocate adequate sites for all uses proposed - the design, character, grade, location and orientation thereof to be appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan; and
g. Provide pedestrian accessibility and connectivity, which may be paths, trails, sidewalks, or combination thereof. Pedestrian accessibility to available public transit must be provided. Sidewalks along eligible public streets consisting of the walkway and any curb ramps or blended transitions must be provided. If sidewalks are required to be installed, the Administrator or the Commission must be guided by the provisions of Section 744-304 for the installation of sidewalks.
4. Public notice. Public notice of any hearing regarding a petition pertaining to land in a Development Plan District must be required in accordance with the Commission's Rules of Procedure.
5. Appeal of Administrator's decision Where the Administrator is given the authority of discretionary approval of plans and specifications, or the method or manner of qualification, or any other similar authority, any party of interest must have the right to appeal such action by the Administrator before the Metropolitan Development Commission for its review and approval or disapproval as an appeal in the form of an approval petition. Such appeal must be filed within 10 business days of approval or denial of the approval as specified in, and following, the Rules of Procedure of the Metropolitan Development Commission. In any appeal, the Commission must make written findings of its decision as required in this Section 742-108.
6. Improvement Location Permit requirements. No building or structure shall be established, constructed, altered, converted, expanded, enlarged, modified, reconstructed, relocated, or used in Development Plan District without an Improvement Location Permit. Such permit shall not be issued until the site and development plan, including the proposed use or uses and plans for such building or structure, shall have been approved by the Commission.
B. Park District regulations.
1. Permitted Park District uses.
a. Permitted uses in the PK-1 and PK-2 Districts are listed in the following Table 742-108-2, and are subject to the conditions in that table.
Table 742-108-2 Permitted Uses in Park Districts
• All permitted uses are subject to all use-specific standards in Chapter 743 applicable to that use unless waived during the Development Plan approval process.
• All permitted uses include accessory and temporary uses permitted in conjunction with the primary use in any Zoning District, as shown in Chapter 743.
• Filing of a petition for, and Commission approval of, a Development Plan shall not be required for those projects listed in Section 742-108.B.2.
District/Use Category | Permitted Uses
PK-1 Park District one
Public, Institutional, Religious, and Civic Uses | Park, Playground, or Greenway
Commercial and Industrial Uses | Wireless Communication Facility
PK-2 Park District Two
Residential Uses | Any use in the Household Living or Group Living categories
Public, Institutional, Religious, and Civic Uses | Any uses in the Community, Cultural, and Educational Facilities category, All uses in the Health Care Facilities category except Methadone Clinic or Treatment Facility.
Agricultural, Animal Related, and Food Production Uses | Animal Care, Boarding, Veterinary Services; Garden as a Primary Use; and Farmers' Market
Commercial and Industrial Uses | Any uses in the Business, Home, and Personal Services or Repair category except Dry Cleaning Plants or Industrial Laundry and Printing Services; All uses in the Food, Beverage, and Indoor Entertainment category except Adult Entertainment Businesses; All uses in the Lodging category; Artisan Food and Beverage; Artisan Manufacturing; Light Manufacturing; All uses in the Office category; All uses in the Outdoor Recreation and Entertainment category; All uses in the Research and Development category; All uses in the Retail Sales category except Retail Adult Entertainment Business; Substations and Utility Distribution Nodes; Wireless Communication Facility; All uses in the Vehicle Related Operations category except Fleet Terminals, Heavy Vehicle Wash, Heliports, Parking Lot (Primary Use), Truck Stop, and Truck or Heavy Vehicle Sales, Rental, or Repair; and Recycling Facility.
2. Specific exemptions - Administrator's approval. The filing of an approval petition and subsequent Commission approval shall not be required for the creation or alteration of the following structures or for accomplishing the following types of improvements in the PK-1 and PK-2 Districts. Such structures and improvements, however, shall be required to obtain Administrator's approval prior to the issuance of an Improvement Location Permit. All provisions and regulations of the Zoning Ordinance applicable in the particular situation, or commitments related to prior Commission approval, shall continue to apply. The Administrator shall be required to use the standards of Section 742-108.A.3. in the review and disposition of such structures and improvements.
a. Improvements to existing structures that do not increase the usable floor area of that structure (for example: canopies, awnings, vestibules, roof line changes, or similar features).
b. Additions to existing structures that are less than:
1. 1,000 square feet in the PK-1 District;
2. 1,000 square feet for residential uses within the PK-2 District; and
3. 2,500 square feet for all other uses within the PK-2 District.
c. In the PK-1 District, any new structure that is less than 2,500 square feet, provided the structure:
1. Is in substantial conformance with the applicable adopted park master plan; or
2. Is an accessory support structure that may not be delineated on the adopted park master plan, the location of which, however, will not affect the implementation of the plan (examples of such structures are golf cart buildings, picnic shelters, maintenance sheds, and rest rooms).
d. All new residential structures in projects or subdivisions previously approved by the Commission. In instances of an approved subdivision, a plat shall have been recorded.
e. Accessory structures permitted in connection with residential development.
f. Landscaping.
g. All incidental signs (as defined by Chapter 744, Article IX Sign Regulations).
3. Park District development standards.
a. Park District One (PK-1) development standards. The following development standards shall apply to all land within Park District One:
1. Location. Public parks larger than 10 acres shall be located with direct access to and frontage on a collector street, or a street designated on the Official Thoroughfare Plan as a primary or secondary thoroughfare, parkway, expressway or freeway.
2. Minimum lot area. There shall be no minimum lot area.
3. Setback lines and minimum front yards.
i. Front yards, having a minimum depth in accordance with the following setback requirements, shall be provided along all street right-of-way lines:
a. Expressway, parkway or primary thoroughfare (as designated on the Official Thoroughfare Plan). No part of any structure shall be built closer than 60 feet to any right-of-way line of an expressway, parkway or primary thoroughfare.
b. Secondary thoroughfare (as designated on the Official Thoroughfare Plan). No part of any structure shall be built closer than 40 feet to any right-of-way line of a secondary thoroughfare.
c. Collector street. No part of any structure shall be built closer than 30 feet to any right-of-way line of a collector street.
d. Local street, marginal access street or cul-de-sac. No part of any structure shall be built closer than 25 feet to any right-of-way line of a local street, marginal access street, or cul-de-sac, with the exception of the vehicular turnaround thereof. No part of any structure shall be built closer than 20 feet to any right-of-way line of the vehicular turnaround of a cul-de-sac.
e. Provided, however, that along the right-of-way line of any street, highway, or thoroughfare where access rights thereto have been purchased or otherwise acquired by the governmental agency having jurisdiction thereof, yards having a minimum depth of 30 feet shall be provided.
f. Exception: Eaves, cornices or other laterally supported extensions may extend into the front yard setback a maximum of four feet.
4. Maximum height. 35 feet.
5. Off-street parking.
i. Adequate off-street parking spaces shall be provided for the various PK-1 District park activities and uses.
ii. Off-street parking area for all uses in the PK-1 District shall be developed and maintained in accordance with the following requirements:
a. Off-street parking entrances and exits shall be located a minimum distance of 25 feet from the nearest point of two intersecting street right-of-way lines. Such curb cuts from a public street shall further conform to all requirements of the traffic engineering department having jurisdiction thereof.
b. The surface of parking areas shall be graded and drained in such a manner that there will be no free flow of water onto either adjacent properties or sidewalks.
c. Lighting facilities used to illuminate parking areas shall be so located, shielded and directed upon the parking area that they do not glare onto or interfere with street traffic, adjacent buildings, or adjacent users.
iii. The distance of driveways and parking areas from any adjacent property line shall be at least 20 feet.
6. Signs. Signs and sign structures shall comply with Chapter 744, Article IX Sign Regulations.
b. Park District Two (PK-2) development standards. All development within the Park District Two (PK-2) District shall be in accordance with the Site and Development Plan, as approved by the Commission in accordance with this section.
C. Hospital District regulations.
1. Statements of purpose.
a. Hospital District One (HD-1). The HD-1 zoning category is designed to permit and facilitate the development, expansion, and modernization of a major hospital complex or campus, in which a diversity of uses, functions, and facilities is necessary to best perform the hospital's various services to the public; and further to permit appropriate land use modifications as necessary to facilitate the highest level of such service.
b. Hospital District Two (HD-2). The HD-2 zoning category is designed to: (1) permit and facilitate the logical association of a diversity of land uses in close proximity to a major hospital complex; (2) to provide adequate land area for such hospital-related uses; and (3) to assure a quality and character of site development that will create the environment of safety, quietness, attractiveness and convenience compatible with such hospital complex.
2. Permitted Hospital District uses. Permitted uses in the HD-1 and HD-2 Districts are listed in Table 742-108-3, and are subject to the conditions in that table.
Table 742-108-3 Permitted Uses in Hospital Districts
• All permitted uses are subject to all use-specific standards in Chapter 743 applicable to that use unless waived during the Development Plan approval process.
• All permitted uses include accessory and temporary uses permitted in conjunction with the primary use in any Zoning District, as shown in Chapter 743.
• Filing of a petition for, and Commission approval of, a Development Plan shall not be required for those projects listed in Section 742-108.C.3.
District/Use Category | Permitted Uses
HD-1 Hospital District One
Residential Uses | Assisted Living Facility; Group Home; and Nursing Home.
Public, Institutional, Religious, and Civic Uses | Day Care Center or Nursery School; and All uses in the Health Care Facilities Use category.
Commercial and Industrial Uses | Substations and Utility Distribution Nodes; and Wireless Communication Facility.
HD-2 Hospital District Two
Residential Uses | Assisted Living Facility; Group Home; Nursing Home; and Multifamily Dwellings;
Public, Institutional, Religious, and Civic Uses | Day Care Center or Nursery School; and All uses in the Health Care Facility category except hospitals.
Commercial and Industrial Uses | Consumer Services or Repair of Consumer Goods if related to public health; Eating Establishment or Food Preparation; Hotel, Motel, or Hostel; Office: Business, Professional, or Government if related to public health; Research and Development, Life Sciences R&D; Retail, Light General; Substations and Utility Distribution Nodes; Wireless Communication Facility; Automobile and Light Vehicle Wash; Automobile Fueling Station; Transit Center; Commercial Parking Lot; Commercial Parking Garage; and Recycling Station.
3. Specific exemptions - Administrator's approval. The filing of an approval petition and subsequent Commission approval shall not be required for the creation or alteration of the following structures or for accomplishing the following types of improvements in the HD-1 and HD-2 Districts. Such structures and improvements, however, shall be required to obtain Administrator's approval prior to the issuance of an Improvement Location Permit. All provisions and regulations of the Zoning Ordinance applicable in the particular situation, or commitments related to prior Commission approval, shall continue to apply. The Administrator shall be required to use the standards of Section 742-108.A.3. in the review and disposition of such structures and improvements.
a. Improvements to existing structures that do not increase the usable floor area of that structure (for example: canopies, awnings, vestibules, roof line changes, or similar features);
b. Additions to existing structures which are less than 2,500 square feet in area;
c. Accessory structures permitted in connection with residential development;
d. Landscaping; or
e. All incidental signs.
4. Hospital District development standards. All development within the Hospital Districts shall be in accordance with the site and development plan, as approved by the Commission in accordance with this section.
D. University Quarter District regulations.
1. Permitted University Quarter District uses. Permitted uses in the UQ-1 and UQ-2 Districts are listed in the following Table 742-108-4, and are subject to the conditions in that table.
Table 742-108-4: Permitted Uses in University Quarter Districts
• All permitted uses are subject to all use-specific standards in Chapter 743 applicable to that use unless waived during the Development Plan approval process.
• All permitted uses include accessory and temporary uses permitted in conjunction with the primary use in any Zoning District, as shown in Chapter 743.
• Filing of a petition for, and Commission approval of, a Development Plan shall not be required for those projects listed in Section 742-108.D.2.
District/Use Category | Permitted Uses
UQ-1 University Quarter One District
Residential Uses | Multifamily dwellings.
Public, Institutional, Religious, and Civic Uses | Business, Art, or Other Post-Secondary Proprietary School; College or University; Community Center; and Day Care Center or Nursery School.
Commercial and Industrial Uses | Substations and Utility Distribution Nodes; and Wireless Communication Facility.
NOTE: Commission's approval is required prior to the issuance of an Improvement Location Permit for any use, structure, building or development within the UQ-1 District, except as listed in Section 742-108.D.2.
UQ-2 University Quarter Two District
Residential Uses | All uses permitted in D-5 District, subject to all requirements that apply to development of that use in the D-5 District; Multifamily dwellings limited to faculty and student housing; and Fraternity or Sorority. (This use is subject to the Commission's approval required except as listed in Section 742-108.D.2. Specific exemptions - Administrator's approval, pursuant to the development standards of Section 742-108.D.3.
Public, Institutional, Religious, and Civic Uses | All uses permitted in D-5 District, subject to all requirements that apply to development of that use in the D-5 District.
Agricultural, Animal Related, and Food Production Uses | All uses permitted in D-5 District, subject to all requirements that apply to development of that use in the D-5 District.
Commercial and Industrial Uses | All uses permitted in D-5 District, subject to all requirements that apply to development of that use in the D-5 District.
NOTE: Neither Commission nor Administrator's approval shall be required for uses permitted in the D-5 District, so long as all standards of the Zoning Ordinance are satisfied.
2. Specific exemptions - Administrator's approval. The filing of an approval petition and subsequent Commission approval shall not be required for the creation or alteration of the following structures or for accomplishing the following types of improvements in the UQ-1 and university-related group dwelling uses (university dormitory or fraternal organization), permitted in the UQ-2 Districts. Such structures and improvements, however, shall be required to obtain Administrator's approval prior to the issuance of an Improvement Location Permit. All provisions and regulations of the Zoning Ordinance applicable in the particular situation, or commitments related to prior Commission approval, shall continue to apply. The Administrator shall be required to use the standards of Section 742-108.A.3. in the review and disposition of such structures and improvements.
a. Improvements to existing structures that do not increase the usable floor area of that structure (for example: canopies, awnings, vestibules, roof line changes, or similar features);
b. Additions to existing structures that are less than 2,500 square feet in area (UQ-1 District only);
c. Landscaping; or
d. All incidental signs.
3. University Quarter District development standards.
a. Development standards for UQ-1 District.
1. Setback lines and minimum yards.
i. Setback line and minimum front yard: Yards, having a minimum depth in accordance with the setback requirements of Chapter 744, Article II Lot and Building Dimensions, shall be provided along all street right-of-way lines.
ii. Minimum side and rear yards: 15 feet or one foot for each foot of building height, whichever is greater.
2. Maximum building area. Building area shall not exceed 40% of the lot area.
b. Development standards for UQ-2 District, university-related group dwelling uses.
1. Setback lines and minimum yards.
i. Setback line and minimum front yard: Yards, having a minimum depth in accordance with the setback requirements of Chapter 744, Article II Lot and Building Dimensions, shall be provided along all street right-of-way lines.
ii. Minimum side and rear yards: 15 feet or one foot for each foot of building height, whichever is greater.
2. Maximum building area. Building area shall not exceed 40% of the lot area.
3. Maximum height. 35 feet.
E. Speedway District regulations.
1. Statement of purpose. The purpose and intent of these Districts is to ensure that all development of land in the Speedway Redevelopment Area 1 takes place in accordance with the principles set forth in the Comprehensive Plan and the Speed Zone Master Plan. The Commission shall prescribe in its rules of procedure the requirements for an approval petition for Site and Development Plan consideration that shall be filed. Where the Special Districts regulations directly conflicts with other portions of the Zoning Ordinance, the Zoning Ordinance shall prevail; however, no development may be approved that conflicts with the Comprehensive Plan.
a. The Speedway Main Street District (SZ-1) is intended to serve as the primary identity for the Town of Speedway.
1. The SZ-1 District is designed to permit and facilitate street-level activities focusing on restaurants, personal services, and shopping while the upper stories provide a diverse range of office space and urban-style housing. Due to the intensity, traffic generation, nature of operation, or aesthetics of these uses, industrial uses, automobile service facilities, outdoor storage, and other similar uses are prohibited.
2. The SZ-1 District is designed to permit and facilitate a healthy social and economic environment for residents and visitors of all ages that is a pedestrian-oriented place with active street life, healthy retail, as well as common space for community gatherings and racing-season activities. All buildings within the SZ-1 District shall contribute to creating a relatively continuous street wall and create a pedestrian oriented sense of enclosure and place. Building heights and signs may vary from one property to the next; however a general consistency shall be retained in order to create a continuous sense of character within the District. Sidewalks, pedestrian pathways, and parking areas shall give particular attention to streetscape, landscape continuity, and lighting.
b. Speedway Industrial District (SZ-2) is designed to permit and facilitate uses that are significant employment generators.
1. The SZ-2 District is designed to permit and facilitate a diverse mix of light and moderate industrial uses, some automobile-related commercial activities, and commercial entertainment. For illustrative purposes, such uses include wholesale activities, warehouses, manufacturing, compounding, processing, packaging, assembly, or treatment of finished or semi-finished products from previously-prepared material, as well as racing, sports and entertainment operations. Due to the inherent risk, intensity, traffic generation, nature of operation or aesthetics of these uses, residential uses, and commercial retail and service uses are prohibited.
2. The SZ-2 District is designed to permit and facilitate development that is entirely enclosed; strictly adheres to the performance standards; provides sufficient space for current or future needs for manufacturing and wholesaling or related uses while preserving the aesthetics of the community; and utilizes sustainable development techniques to both reduce the environmental impact and increase the intensity of development. In addition to the economic benefits of green roof construction and the utilization of permeable pavement materials, structures utilizing these design techniques realize ecological benefits by reducing the impervious surface area on a site. The SZ-2 District development standards encourage these and other sustainable construction and development practices.
2. Permitted uses in the Speedway Districts. Permitted uses in the SZ-1 and SZ-2 Districts are listed in the following Table 742-108-5, and are subject to the conditions in that table.
Table 742-108-5: Permitted Uses in Speedway Districts
• All permitted uses are subject to all use-specific standards in Chapter 743 applicable to that use unless waived during the development plan approval process.
• All permitted uses include accessory and temporary uses permitted in conjunction with the primary use in any Zoning District, as shown in Chapter 743.
District/Use Category | Permitted Uses
SZ-1 Speedway Main Street District
Residential Uses | All uses in the Residential Use category if located above the ground floor and uses a separate entrance.
Public, Institutional, Religious, and Civic Uses | All uses in the Public, Institutional, Religious, and Civic Use category.
Agricultural, Animal Related, and Food Production Uses | Animal Care, Boarding, Veterinarian Services, Garden as a Primary Use, and Farmers' Market
Commercial and Industrial Uses | All uses in the Business, Home, and Personal Services and Repair category except Dry Cleaning Plant or Industrial Laundry and Printing Services; All uses in the Food, Beverage and Indoor Entertainment category except Adult Entertainment Business; All uses in the Lodging category; Artisan Food and Beverage, Artisan Manufacturing, Light Manufacturing, or Medium Manufacturing without outdoor storage or display; All uses in the Offices category; All uses in the Outdoor Recreation and Entertainment category; All uses in the Research and Development category; All uses in the Retail Sales category except Retail Adult Entertainment Businesses and On-going Fireworks Sales; Substations and Utility Distribution Nodes; Wireless Communication Facilities; Commercial Parking Lot; Commercial Parking Garage; and Transit Center.
SZ-2 Speedway Industrial District
Public, Institutional, Religious, and Civic Uses | All uses in the Public, Institutional, Religious, and Civic Use category, if located on a parcel with at least 200 feet of frontage along realigned 16 Street.
Agricultural, Animal Related, and Food Production Uses | Animal Care, Boarding, Veterinarian Services, Garden as a Primary Use, Farmers' Market, if located on a parcel with at least 200 feet of frontage along realigned 16 Street.
Commercial and Industrial Uses | All of the following uses if located on a parcel with at least 200 feet of frontage along realigned 16 Street: All uses in the Business, Home, and Personal Services and Repair category except Dry Cleaning Plant or Industrial Laundry and Printing Services; All uses in the Food, Beverage and Indoor Entertainment category except Adult Entertainment Business; All uses in the Lodging category; and All uses in the Outdoor Recreation and Entertainment category. All of the following uses, regardless of the parcel location or frontage: Dry Cleaning Plant or Industrial Laundry; Printing Services; All uses in the Heavy Services category; Artisan Food and Beverage, Artisan Manufacturing, Light Manufacturing, or Medium Manufacturing; All uses in the Offices category; All uses in the Research and Development category; Substations and Utility Distribution Nodes; Wireless Communication Facilities; All uses in the Vehicle-Related Operations category except Fleet Terminals; Recycling Facility; Waste or Recycling Transfer Facility; All uses in Wholesale Distribution or Storage category except Bulk Storage of Commercial or Industrial Liquids.
3. Specific exemptions - Administrator's approval. The filing of an approval petition and subsequent Commission approval shall not be required for the creation or alteration of the following structures or for accomplishing the following types of improvements in the SZ-1 and SZ-2 Districts. Such structure and improvements; however, shall be required to obtain Administrator's approval prior to the issuance of an Improvement Location Permit. All provisions and regulations of the zoning ordinance applicable in the particular situation, or commitments related to prior Commission approval shall continue to apply. The Administrator shall be required to use the standards of subsection 4. and 5. below in the review and disposition of such structures and improvements.
a. Improvements to existing structures that do not increase the usable floor area of a structure including but not limited to:
1. Canopies;
2. Awnings;
3. Vestibules;
4. Alterations to the roof line;
5. Changes to façade materials;
6. Changes to doors and windows.
b. Additions to existing structures that are less than 100 square feet in total floor area.
c. Change of use from one permitted use to another permitted use within the District.
d. Accessory structures.
e. Landscaping improvements.
f. Any changes to the face of a sign and any incidental sign.
g. Public park and recreation improvements, specifically including:
1. Paved trails included in an adopted Park Master Plan, Redevelopment Plan, Transportation Plan, or Comprehensive Plan;
2. Support structures and equipment not specifically listed in the Parks Master Plan or Transportation Plan, the location of which, however, will not hinder the implementation of said plans. Examples include but are not limited to benches, tables, drinking fountains, and trailheads.
4. Design consideration.
a. Evaluation of a project shall be based on the quality of its design and relationship to surroundings. Factors to be considered include, but are not limited to:
1. In reviewing the architectural design of buildings proposed to be built in the SZ-1 or SZ-2 Districts, architectural style is not restricted. Aesthetics of the proposed building or other proposed structures, including:
i. Color and materials;
ii. Scale and proportion;
iii. Suitability of building materials;
iv. Design in relation to surrounding buildings;
v. Design in relation to proposed landscaping;
vi. Use and materials for fencing.
2. Buildings shall be harmonious with permanent, neighboring development.
3. Materials shall have architectural character and shall be selected for harmony with adjacent buildings.
4. Materials shall be suitable to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public rights-of-way.
5. Materials shall be of durable quality.
6. Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.
7. Colors shall be harmonious with existing development and only the use of complementing accents shall be permitted.
8. Exterior lighting shall be part of the architectural design. Fixtures, standards, and all exposed accessories shall be harmonious with building design.
9. Monotony of design in single or multiple building projects shall be avoided. Variation of detail and form shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.
10. Signs shall be designed as an integral part of the architectural and landscaping plans. The colors, materials, and style of signs shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
b. The Commission may consider and act upon any such proposed use and site and development plan, approve the same in whole or in part, and impose additional development standards, requirements, conditions, or commitments thereon at any public hearing of the Commission.
c. The Commission shall make written findings concerning any decision to approve or disapprove a site and development plan filed under this section. The written findings shall be based upon the requirements of Section 742-108.E.4. The president or secretary of the Commission shall be responsible for signing the written findings.
5. Speedway District development standards. Development shall be in accordance with the following development standards for the SZ-1 and SZ-2 Districts. The illustrations used in this section are only conceptual representations of the desired type of development and are not to be construed as a development standard.
a. Speedway Main Street District SZ-1 development standards.
1. Lot area. There shall be no minimum or maximum lot area.
2. Lot width. Lot width shall be measured along the frontage of the lot. Minimum lot width shall be 20 feet. There shall be no maximum lot width.
3. Front building setback and yard.
i. No part of any building shall be located closer to the right-of-way line of any street than zero feet. The maximum distance between any right-of-way line of any street and any building located on the lot shall be five feet. A front yard of no less than zero feet in depth and no more than five feet in depth, measured from and parallel to the lot line, shall be provided along the entire lot width.
ii. The composition of the surface area of the front yard shall be developed and maintained in a pedestrian-friendly manner.
4. Side building setback and yard. A side setback and side yard of no less than zero feet in depth, measured from and parallel to all side lot lines, shall be provided along all side lot lines.
5. Rear building setback and yard. A rear setback and rear yard of no less than three feet in depth, measured from and parallel to all side lot lines, shall be provided along all rear lot lines unless subject to the following transitional yard requirements:
i. Where a rear lot line abuts a lot line in an adjacent Protected District, a required rear transitional yard and building setback of not less than 20 feet in width, measured from and parallel to the lot line, shall be provided along such rear lot line.
ii. Exceptions to the above Section 742-108.E.6.a.5.i. shall apply:
a. Where a dedicated alley separates such rear lot line from the Protected District, such required rear transitional yard and building setback shall be not less than 10 feet in width.
b. Where the ground area required for required transitional yards exceeds 20% of the lot area, the width of the rear transitional yards may be reduced to 10 feet and shall provide planting areas, being six-foot in width minimally, and provide a six-foot tall opaque wooden fence or solid wall.
c. Transitional yard requirements shall not apply in those instances where commercial or industrial use, legally established by permanent variance or lawful nonconforming use, exists upon such property or abutting frontage property, although zoned as a Protected District.
6. Building height.
i. The minimum building height shall be 24 feet or two stories, whichever is less.
ii. The maximum building height shall be 52 feet or four stories, whichever is greater.
iii. Maximum building height exceptions.
a. HVAC, mechanical equipment, stairwell enclosure, elevator equipment, and any required screening may extend above the maximum building height, but shall not be greater than 10 feet above the maximum building height. The structures shall be completely screened from view at any right-of-way and from any Protected District.
b. Where a rear lot line abuts a lot line in an adjacent Protected District, the building height of any structure within 30 feet of the rear lot line shall not be greater than 35 feet or three stories, whichever is the lesser.
7. Building use and form.
i. The total floor area of any dwelling unit shall not be less than 600 square feet.
ii. Drive-through service unit shall be permitted only if all of the following requirements are satisfied:
a. The lot on which the drive-through service unit is located is a corner lot;
b. The location of the building with the drive-through service unit is at the corner with the intersecting public rights-of-ways and behind the front building line;
c. Vehicular access from Main Street is prohibited; and,
d. Adequate stacking for the drive-through service unit is provided.
8. Roof line, form and cornice shall be articulated with a treatment in scale with the building and shall be designed integral with the building. Mechanical equipment shall be placed to complement the building or screened with materials consistent with the building's design. Roofs shall not be pitched unless a parapet is provided that completely and effectively screens the pitch from view from any right-of-way. Alternative roof design may be approved at the discretion of the Commission.
9. Transparency of the building façade between three feet and eight feet above grade level.
i. Minimum transparency of the ground floor shall be 40%.
ii. Maximum transparency of the ground floor shall be 85%.
iii. Minimum transparency of the floors above the ground floor shall be 25%.
iv. Maximum transparency of the floors above the ground floor shall be 60%.
10. Building materials. The following standards apply to all buildings except public parking structures.
i. Walls on all sides of any building, exclusive of windows and doors, shall be a minimum 80% brick, stone, pre-cast concrete panels, tile, decorative block, wood or hardi-plank lap siding, or ceramic. Materials shall be durable enough to last 50 years with low maintenance. Other materials may be approved if determined by the Commission that the materials meet the intent and purpose of the District.
ii. All sides of the building shall be of a similar design and complement each other.
iii. Trim and ornamentation shall be provided on all sides of any building and shall be metal, concrete, brick, stone, wood, or decorative concrete block.
11. Architectural features and façade requirements. (See Diagram G Building Elements)
[image omitted; see the official code]
Diagram G Building Elements
i. Base panel shall be provided. Base panel shall be between 18 and 30 inches tall.
ii. Sign band. A sign band, being between 12 and 24 inches tall, is recommended to accommodate wall signage.
iii. Walls without windows shall not be permitted along or when facing a public right-of-way, public parking area, or park.
iv. Articulation for walls located within 10 feet of a public right-of-way shall be, at a minimum, every 10 feet and shall wrap around the sides of the building, at a minimum, three feet.
v. Proportion. If the building facades along a right-of-way comprise at least 50% of the frontage of a block, new construction or façade rehabilitation shall create or maintain horizontal and vertical spacing of façade elements of surrounding buildings such as windows, entries and roof lines as well as the rhythm of the bays, windows, and openings of the facades.
vi. Windows.
a. Ground floor window openings. The height of ground floor window openings shall be equal to or greater than the width of the opening.
b. Upper floor window openings shall be rectangular. The vertical dimension of a window size shall be, at a minimum, two times the horizontal dimension.
12. Parking. Off-street parking within 50 feet of the right-of-way of Main Street or West 16th Street is prohibited. Off-street parking is discouraged; any off-street parking shall be designed to be unobtrusive to the pedestrian environment. Provisions for bicycle, scooter and motorcycle parking shall be provided in proximity to the primary entrance.
13. Signs. Except as modified by this division, the regulations of the Chapter 744, Article IX shall apply.
[image omitted; see the official code]
Diagram H Sign Types in Speedway Zoning Districts
i. Permitted sign types and size. Permitted and prohibited sign types are identified in Diagram MM "Sign Types in Speedway Zoning Districts". The following sign types may be permitted:
a. Canopy and awning signs. The recommended maximum of sign surface area of a canopy or awning sign shall be 20 square feet with a maximum vertical dimension of two feet.
b. A-frame sign. The maximum of sign surface area per side of an A-frame sign shall be 12 square feet with a maximum horizontal dimension of three feet. A-frame signs are prohibited between the hours of 10:00 p.m. and 7:00 a.m. EST. A-frame signs shall be designed and placed in a secure manner in all weather conditions and shall not obstruct accessibility or visibility of pedestrians or vehicular movement.
c. Projecting sign. The recommended maximum of sign surface area of a projecting sign is eight square feet. In addition, it is recommended that horizontally oriented signs have a maximum vertical dimension of two feet and vertically oriented signs have a maximum horizontal dimension of two feet.
d. Suspended sign. Suspended signs shall maintain a clearance of eight and one-half feet.
e. Wall sign. The recommended placement of a wall sign is to be contained entirely within the sign band.
f. Window sign. Window signs shall be permitted on the ground floor only and the maximum sign surface area shall not exceed 50% of the sign surface area of all ground-floor windows on that side of the building.
g. Sign affixed to the barrier of an approved outdoor seating area associated with a restaurant. Said sign shall be a maximum of six square feet in sign surface area with a maximum height of four feet. Such outdoor signs may remain in place from 7:00 a.m. to 10:00 p.m. EST.
h. Exempt signs as listed and authorized in Chapter 744, Article IX.
ii. Prohibited sign types. Off-premises (outdoor advertising) signs, ground signs, pole signs, pylon signs are prohibited. Portable signs, except for A-frame signs specifically described above, are prohibited.
iii. Sign types eligible for special consideration. Animated signs, roof signs, inflatable signs, marquee signs, message centers, and electronic variable message signs may be permitted after special consideration and the adoption of specific findings by the Commission that unique circumstances exist and that the specific design characteristics are appropriate for the District. Findings of fact shall be adopted.
iv. Number of signs.
a. Sign affixed to the barrier of an approved outdoor seating area associated with a restaurant. Two one-sided signs shall be permitted if the signs face different directions; or one two-sided sign shall be permitted.
b. Wall signs. One wall sign shall be permitted for each ground-floor entrance to the building.
c. One of the following sign types shall be permitted for each ground-floor entrance to the building: One awning sign or one projecting sign or one canopy sign.
d. Suspended sign. If attached to an awning sign or canopy sign, one suspended sign shall be permitted for each ground-floor entrance to the building.
e. A-frame sign. One A-frame sign shall be permitted for each ground-floor entrance to the building.
f. Window sign. Two window signs shall be permitted for each ground-floor entrance to the building.
v. Sign location. Sign shall be designed and placed in a secure manner for all weather conditions and shall not obstruct accessibility or visibility of pedestrians or vehicular movement. In accordance with Chapter 744, Article IX, no sign or sign structure may be placed on or in the right-of-way of an alley or a street, except for the following sign types upon obtaining encroachment authorization from the appropriate governmental agency:
a. Sign affixed to the barrier of an approved outdoor seating area associated with a restaurant.
b. A-frame sign.
c. Projecting signs.
d. Awning or canopy sign.
e. Suspended sign.
f. Wall sign.
vi. Character. The colors, materials, and style of signs shall be architecturally compatible and accentuate the buildings and the District. Signs should be designed to reflect the small-town atmosphere of Main Street while fostering an exciting and festive atmosphere, enhancing a sporting event experience, or demonstrating a unique approach to advertising. Box signs typically do not meet the desired character.
vii. Sign illumination. The Commission may authorize the internal or external illumination of signs.
14. Screening of trash receptacles and refuse areas. No outside, unenclosed storage of recyclables or refuse containers exceeding 16 cubic feet in size shall be permitted on any lot. All refuse or recyclable containers, dumpsters, or compactors exceeding four and one-half cubic meters in size shall be located within an area enclosed on all sides by a fence, wall, or similar means of enclosure. The enclosure does not require a roof. The height of the sides of the enclosure shall be the greater of six feet or two feet taller than the container, dumpster, or compactor that is being enclosed. All sides of the enclosure, including doors or gates, shall be opaque.
15. Lighting. Lighting shall be designed to minimize overflow light into the night sky, shield the light filaments from any right-of-way or Protected District, prohibit hazardous glare perceptible from any point beyond the lot lines, and provide adequate light for safety.
16. Fencing. Except for use as described under subsection 10. above, fences shall be constructed of materials that complement the design of the primary building. Chain-link fencing shall not be permitted. Barbed wire and razor wire are prohibited.
17. Pedestrian accessibility.
i. Development shall provide sidewalks along eligible public streets, excepting freeways or expressways, as indicated in the current Official Thoroughfare Plan for Marion County, Indiana, and other full control of access frontages as determined by the Administrator; and, pedestrian accessibility to available public transit. Sidewalks shall consist of the walkway and any curb ramps or blended transitions. If required to be installed, the Administrator or the Commission shall be guided by the provisions of Section 744-304 for the installation of sidewalks.
ii. Internal accessibility. Within a lot or integrated center, walkways shall be provided in accordance with a pedestrian plan that shall include a walkway system that functionally connects all of the building's main front entrances with the sidewalk located in the public right-of-way of each of the lot or integrated center's eligible public streets. The walkways may be constructed of asphalt, concrete, pavers, or other materials meeting ADA standards. Such private walkways shall provide for identifiable pedestrian crossing treatments along functional pedestrian routes wherever the private walkways cross an interior access drive.
18. Streetscape.
i. In order to create cohesiveness within the SZ-1 District, site furnishing elements have been delineated for public spaces along the Main Street Corridor in the Design Manual for Speedway. For each of the site furnishings, substitutions that provide a similar style may be approved by the Commission. The site furnishings may include items appropriate to the site, such as, benches, trash receptacles, transit shelter, bollards, newspaper racks, trees, tree gates, bike lockers, bike racks, and art.
b. Speedway Industrial District SZ-2 development standards.
1. Lot coverage, building setbacks, and yards.
i. No more than 60% of the lot area may be covered by impervious surfaces, including structures, parking, and other hard surfaces. This maximum lot coverage may be increased to 80% impervious surface coverage if appropriate methods for sustainability indicated in subsection j. below are utilized.
ii. No part of any building shall be located closer to the right-of-way line of any street than 50 feet. A front yard of no less than 50 feet in depth, measured from and parallel to the lot line, shall be provided along the entire lot width.
iii. A side setback and side yard of no less than 25 feet in depth, measured from and parallel to all side lot lines, shall be provided along all side lot lines.
iv. A rear setback and rear yard of no less than 25 feet in depth, measured from and parallel to all side lot lines, shall be provided along all rear lot lines.
2. Building height.
i. The building height shall not be greater than 60 feet.
ii. Building height exceptions.
a. HVAC, mechanical equipment, stairwell enclosure, elevator equipment, and any required screening may extend above the maximum building height, but shall not be greater than ten feet above the maximum building height. The structures shall be completely screened from view at any right-of-way and from any Protected District.
b. Where a lot line abuts a lot line in a Protected District, the building height of any structure within 100 feet of the lot line shall not be greater than 35 feet.
3. Exterior building materials, architectural features and façade requirements.
i. Walls on all sides of any building, exclusive of windows, shall be a minimum of 50% brick, stone, pre-cast concrete panels, tile, decorative block, wood or hardi-plank lap siding, ceramic or glass. Other materials may be approved if determined that the materials meet the intent and purpose of the Districts.
ii. Walls without windows shall not be permitted when facing or along a public right-of-way, public parking area, or park.
iii. Articulation on all walls shall not be less than every 75 feet.
4. Parking. The design, circulation, and amount of parking shall be in accordance with the standards in Chapter 744, Article IV Parking, Loading and Drive-Through. In addition, the following standards shall apply:
i. Provisions for adequate bicycle, scooter and motorcycle parking shall be provided in proximity to the primary entrance in accordance with the Design Manual for Speedway.
ii. Placement. No more than one single bay of parking shall be permitted between a public right-of-way and a building.
iii. Interior landscaping. All parking lots, regardless of size, shall provide interior landscaping. Landscaping shall be provided in accordance with the standards in Section 744-505.
5. Signs. Except as modified by this division, the regulations of Chapter 744, Article IX shall apply.
i. Permitted sign types. Ground sign, awning sign, wall sign, projecting sign, suspended sign, and window sign.
ii. Prohibited sign types. Off-premises (outdoor advertising) signs, pole signs, pylon signs, and portable signs are prohibited.
iii. Sign types eligible for special consideration. Animated sign, roof sign, marquee sign, message center, and electronic variable message sign may be permitted after special consideration and the adoption of specific findings by the Commission that unique circumstances exist and that the specific design characteristics are appropriate for the District.
iv. Number and size of signs by type.
a. Ground signs. One sign per building may be permitted in accordance with the following standards. The integration of signs, particularly the sharing of signs for multiple businesses, is encouraged.
1. Maximum height of a ground sign shall be 10 feet.
2. Maximum sign area of a ground sign shall be 200 square feet.
3. Setback of a ground sign. Ground sign shall be located at least 10 feet from any right-of-way or property line.
4. Separation. Ground sign shall be no closer than 300 feet to another ground sign.
5. Ground sign shall not be located in any designated greenbelt or perimeter planting area.
v. Awning signs, wall signs, projecting signs, suspended signs, and window signs may be located on any of the walls of a building. The total sign surface area of all signs shall not exceed 10% of the area of all sides of the building.
vi. Coordinated sign plan. A coordinated sign plan for projects that contain five or more permitted signs may be submitted at the time of development plan submittal and approved by the Commission shall be eligible for a 95% increase in permitted sign surface area per permitted sign. Said plan shall indicate the size, design, illumination, and placement of all signs on the site.
vii. Sign illumination. The Commission may authorize the internal or external illumination of signs.
viii. Character. The colors, materials, and style of signs shall be architecturally compatible and accentuate the buildings and landscaping on the site. Signs are recommended to be designed to reflect the small-town atmosphere of Speedway while professionally promoting the businesses that they represent. Box signs typically do not meet the desired character.
6. Landscaping.
i. Landscaping shall be provided in accordance with the plan approved by the Commission in accordance with the guidance provided by the Design Manual for Speedway.
ii. All required landscaping in accordance with the approved plan shall be installed within one year of the date of issuance of an Improvement Location Permit.
iii. The landscaping shall be properly maintained at all times, upon installation and thereafter. Proper maintenance includes, but is not limited to, replacing dead plantings with identical varieties or a professionally acceptable substitute, proper pruning, provision of adequate water, and keeping the area free of refuse and debris.
iv. An approved landscaping plan may not be altered, eliminated, or modified, without first obtaining approval by the Commission or their designee.
7. Greenbelt. Landscaping along street frontage. A greenbelt shall be provided along each frontage. Greenbelts shall be landscaped and shall be otherwise unoccupied except for steps, walks, driveways, lighting, and similar structures. Parking areas shall not be permitted in a greenbelt.
i. Greenbelt along a Corridor Street.
a. Minimum width shall be 20 feet.
b. Plantings in the greenbelt along a Corridor Street shall be in accordance with the Design Manual for Speedway.
ii. Greenbelt along an Interior Street.
a. Minimum width shall be 10 feet.
b. Plantings in the greenbelt along an Interior Street shall be in accordance with the Design Manual for Speedway.
8. Building perimeter plantings. A minimum planting area equal to an area measuring an average of 10 feet in depth and extending along the entirety of each wall of the building shall be landscaped adjacent to that wall of the building. Sidewalks may be permitted in these areas, but shall not occupy more than 50% of the area on any side of the building. If an approach driveway or loading area cuts into a planting area adjacent to the building, additional planting area equal to the area displaced by the driveway shall be added to the building perimeter planting. These perimeter planting areas need not be rectangular in shape as long as the required total area is landscaped and dispersed on at least three different sides of the building.
9. Property perimeter plantings. A minimum property perimeter planting area shall be provided along the perimeter of the property except for frontage areas and shall be in accordance with the Design Manual for Speedway.
10. Screening of trash receptacles, recyclable receptacles, refuse areas, and outside material/equipment storage.
i. No outside, unenclosed storage or display of materials or equipment shall be permitted on any lot. All materials and equipment shall be contained within an area enclosed in proximity on all sides by a solid fence, wall, mound, or similar means of enclosure. The enclosure is not required to have a roof. The sides of the enclosure shall be the greater of six feet or two feet taller than the assemblage of material or equipment that is being enclosed. All sides of the enclosure structure, including doors or gates, shall be opaque.
ii. No outside, unenclosed storage of recyclables or refuse containers exceeding 16 cubic feet in size shall be permitted on any lot. All refuse or recyclable containers, dumpsters, or compactors exceeding 16 cubic feet in size shall be located within an area enclosed on all sides by a fence, wall, or similar means of enclosure. The enclosure does not require a roof. The height of the sides of the enclosure shall be the greater of six feet or two feet taller than the container, dumpster, or compactor that is being enclosed. All sides of the enclosure, including doors or gates, shall be opaque.
11. Lighting. Lighting shall be designed to minimize overflow light into the night sky, shield the light filaments from any right-of-way or Protected District, prohibit hazardous glare perceptible from any point beyond the lot lines, and provide adequate light for safety.
12. Fencing. Except for use as described under subsection g., fences shall be constructed of materials that complement the design of the primary building. Chain-link fencing is strongly discouraged. Barbed wire and razor wire are prohibited.
13. Sustainability. The purpose of this section is to promote health, safety, and welfare within the SZ-2 District and its environment by minimizing the harms and maximizing the benefits, through provisions designed to allow alternatives to the traditional building design and stormwater management. It is the intent of this section to encourage the use of Best Management Practices (BMPs) which are structural, vegetative, or managerial practices designed to treat, prevent, or reduce degradation of water quality due to stormwater runoff as well as the environmental impacts of building construction. All development projects subject to review under the requirements of the Zoning Ordinance shall be designed, constructed, and maintained using BMPs to minimize environmental impacts while maintaining and contributing to the aesthetic values of the project.
i. Green roof construction. None of the building surface area under green roof construction shall be counted towards the impervious surface cover calculations.
ii. Parking lot and other surfaced elements. In order to break up or disconnect the flow of runoff over impervious surfaces, the use of permeable pavement materials is encouraged and includes, but is not limited to, pervious asphalt, pervious concrete, grid systems, or block pavers. Surface areas constructed with permeable techniques and materials shall not be counted towards the impervious surface cover calculations.
iii. The Commission may grant an increase in allowable impervious surface coverage for projects utilizing some or all of the following types of elements of sustainability:
a. Sustainable architecture. Sustainable architecture design practice emphasizes efficiency of heating and cooling systems, alternative energy sources such as passive solar, appropriate building siting, reused or recycled building materials, on-site power generation (solar technology, ground source heat pumps, wind power), rainwater harvesting for gardening and washing, and on-site waste management such as green roofs that filter and control stormwater runoff.
b. Nonstructural stormwater management strategies. To the maximum extent practicable, the stormwater drainage standards adopted by the Town of Speedway shall be met by incorporating nonstructural stormwater management strategies into the site design. The nonstructural stormwater management strategies incorporated into the site design shall:
1. Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
2. Maximize the protection of natural drainage features and vegetation;
3. Minimize the decrease in the "time of concentration" from preconstruction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
4. Minimize land disturbance including clearing and grading;
5. Minimize soil compaction;
6. Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
7. Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas.
8. Other sustainable strategies or practices that achieve the same intent outlined above.
(G.O. 64, 2015, § 2)
