A map entitled “Chesterton Zone Map” is hereby adopted as part of this appendix. The Zoning Map shall be kept on file and available for examination at the office of the Clerk-Treasurer.

   The town is divided into the districts dated in this appendix as shown by the district boundaries on the Zoning Map. The districts are:

 

(Ord. 2005-19, passed 11-14-2005)

   District boundaries shown within the lines of streets, streams and transportation rights-of-way shall be deemed to follow their centerlines. The vacation of streets shall not affect the location of such district boundaries. When the Building Commissioner cannot definitely determine the location of a district boundary by such centerlines, by the scale or dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, he or she shall interplot the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this appendix. His or her decision shall be appealable to the BZA.

   A.   Residential. Districts designated for residential use, R-1, R-2 and R-3, are limited to dwellings and public or semi-public uses which are normally associated with residential neighborhoods. The only uses permitted in the residential districts are those which would not detract from the residential character of the neighborhood. The purpose of these three districts is to create an attractive, stable and orderly residential environment. However, the families per dwelling and the lot and yard requirements are different in the three districts to provide for the various housing needs and desires of the community. The R-1 designation is a low density single-family residential area. The R-2 designation is a one- or two- family residential area and R-3 designation is a multi-family residential area.

   B.   Residential Business District (R-B). This district is composed of only those business and service establishments which supply “convenience goods” or “personal services”, satisfying the daily needs of the abutting neighborhoods. It may also include office space which, by the nature of the business, will not adversely impact property values, local traffic or general welfare. While the district is intended for walk-in trade, adequate and screened off-street parking and loading areas shall be provided and no outside storage is allowed. Drive-through facilities shall be prohibited in the R-B District.

   C.   Business. The districts designated for business, B-1, B-2 and B-3, are limited to business, public and certain residential uses. By establishing compact districts for such uses, more efficient traffic movement, parking facilities, fire protection and police protection may be provided. Industrial uses are excluded in order to reduce the hazards caused by extensive truck and rail movements normally associated with such uses. The purpose of these districts is to provided unified shopping districts conveniently located. The B-1 designation comprises the high density, downtown area of the town. The B-2 District is the medium density, business district and represents the major extensions of the downtown business area along the major arteries in the town. The B-3 district is a lower density, open space type of use relating principally to automotive sales and service, business requiring outside storage facilities and quasi-business industrial facilities.

   D.   Industrial. The districts designated for industry, I-1 and I-2, provide suitable space for existing industries and their expansion as well as for future industrial development. Performance standards, parking specifications and yard regulations are set forth in this appendix in order to ensure safe industrial development that is compatible with adjacent uses. The locations of the districts are near railroads or highways in order to meet the transportation needs of industry. I-1, the Light Industrial District, provides space for industries, which do not cause conditions that would be objectionable to neighboring properties. I-2, the Heavy Industrial District, provides a space for certain intensive industrial operations, which may have some objectionable characteristics. Greater separation is required between the industries in the I-2 District and residential or business uses than is necessary in the I-1 District.

   E.   Special Use - Sexually-Oriented Businesses. This district is detailed in § 610 of this appendix.

(Ord. 2005-19, passed 11-14-2005)

   The permitted uses for each district are shown on Table A. The uses that are listed for the various districts shall be according to the common meaning of the term or according to definitions given in Article II of this appendix. Uses not specifically listed or defined to be included in this category under this article shall not be permitted unless a use variance is petitioned for and granted by the BZA.

 

   A.   The minimum lot area, minimum lot area per family, minimum lot width, minimum depth of front yard, minimum distance from side street, minimum width of each side yard, minimum depth of rear yard and minimum habitable square feet per unit for each district shall be as shown on the following tables:

 

 

 

   B.   No portion of a principal structure, whether upon or enclosed, including garages, carports, balconies, roofs or platforms, one foot above normal grade level, shall project into any minimum front, side or rear yard. Detached accessory structures shall not be located closer than ten feet from the nearest portion of the principal structure, nor closer than five feet to the side and rear lot lines.

   C.   Any lot of record existing at the effective date of this appendix, and then held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this appendix, if said building conforms with other requirements of this appendix.

   D.   1.   Footings for structures whether slab, lineal or pier type, shall be constructed at a depth of not less than three feet below the finished grade. Finished grade shall be established as the final grade whether natural, cut or filled. Soil shall not be graded at a grade of more than 5% from the property line to one-half the distance of the required setback line, and no grade shall in any area exceed 35%.

      2.   The low point of finished grade shall not be above the elevation of an existing finished grade along the side or rear lines of parcel or lot and shall not be above any walk or more than six inches above the crown of the facing street or streets.

   E.   The lot coverage permitted for all structures upon lots in districts zoned residential shall not exceed 30% of the area of an interior lot or exceed 40% of the net area of a corner lot. Where residence property adjoins a part or other permanent open space the coverage may be increased to 40% and 50% respectively for interior and corner lots.

   No principal structure shall exceed 35 feet in total height, above the average ground level, and no accessory structures shall exceed 16 feet in height, above the average ground level, unless approved by the BZA; provided that, this section shall not apply to any building or structure owned by the town, or its agencies and subdivisions.

   A.   No lot may contain more than one principal structure or building used for non-agricultural purposes.

   B.   All other structures located on a lot must qualify as accessory buildings and uses to the principal structure and conform with all other regulations concerning same as set forth in this appendix.

   No retail sales structure or structures in combination, on a single lot or contiguous lots, shall equal or exceed 60,000 square feet of building area unless permitted as part of a Planned Unit Development District approved pursuant to Article VII of this appendix.

(Ord. 2006-05, passed 4-10-2006)

   A.   Purpose. A traffic impact analysis (TIA) assesses the impact of a proposed development, zoning change or special use approval on the transportation system. Its purposes are: to ensure that proposed developments or zoning changes that affect the transportation network are minimized and/or mitigated; to identify any traffic problems associated with access from the site to the existing transportation network; to delineate solutions to potential problems; and to present improvements to be incorporated into the proposed development.

   B.   When required. On review of a site plan submitted as part of an application for a building permit for a proposed multi-family, business or industrial site, a site drawing submitted in support of a petition for primary plat approval, a petition for a rezoning, a petition for a use variance or a petition for a planned unit development, the Building Commissioner, the Plan Commission or the Board of Zoning Appeals may request that the Town Engineer review the site plan, site drawing, petition for rezoning or petition for use variance to determine whether a TIA will be required. All costs associated with a TIA required under this section shall be paid by the applicant/petitioner. The Town Engineer shall provide a notice of TIA requirement if the Town Engineer determines:

      1.   In the case of a petition for a rezoning or use variance, that the proposed use is likely to generate 100 or more trips during the adjacent roadway’s peak hour(s) or the use’s peak hour(s);

      2.   In the case of a site plan or primary plat site drawing, that the potential development may generate 100 or more trips during an adjacent roadway’s peak hour(s)or the development’s peak hour(s); or

      3.   That localized safety or capacity conditions, regardless of the potential trips generated, require a TIA, including:

         a.   Current traffic problems in the area of the proposed development, such as high crash counts and congested or confusing intersections;

         b.   Current or projected levels of service of the roadway adjacent to the development will be significantly affected;

         c.   The limited ability of the adjacent, existing or proposed roadway system to handle increased traffic, or the feasibility of improving the roadway system to handle increased traffic; or

         d.   Any other location or site specific problems deemed by the Town Engineer to justify a TIA.

   C.   Notice of TIA requirement. The Town Engineer will provide the notice of TIA requirement to the owner or petitioner. The owner or petitioner may appeal the decision of the Town Engineer to require a TIA in writing to the Town Council within ten days of the date the notice is issued.

   D.   Contents of TIA. If a TIA is required, it shall be prepared by an individual, group, firm or corporation having demonstrated professional emphasis and experience in transportation planning, engineering and in the preparation of similar analyses. Prior to preparing the TIA, the owner or petitioner, by its engineering representative, shall meet with the Town Engineer to establish the parameters of the TIA. The TIA document must bear the seal and signature of a licensed professional engineer. Each TIA shall generally conform to the latest version of the state’s Department of Transportation Manual “Applicant’s Guide to Traffic Impact Studies” and shall address, at a minimum, the following.

      1.   Introduction.

         a.   Site and study area boundaries;

         b.   Existing and proposed site uses;

         c.   Existing and proposed nearby uses; and

         d.   Existing and proposed roadways and intersections.

      2.   Analysis of existing conditions.

         a.   Daily and peak hour(s) traffic volumes;

         b.   Capacity analyses at critical points; and

         c.   Levels of service at critical points.

      3.   Analysis of future conditions without development.

         a.   Daily and peak hour(s) traffic volumes;

         b.   Capacity analyses at critical points; and

         c.   Levels of service at critical points.

      4.   Trip generation. Daily and peak hour(s) site-generated traffic volumes;

      5.   Trip distribution. Direction and approach of site-generated traffic;

      6.   Traffic assignment. Utilization of study-area roadways and intersections by site-generated traffic;

      7.   Analysis of future conditions with development.

         a.   Future daily and peak hour(s) traffic volumes;

         b.   Capacity analyses at critical points; and

         c.   Levels of service at critical points.

      8.   Recommended improvements.

         a.   Proposed improvements (on and offsite);

         b.   Capacity analyses at critical points; and

         c.   Levels of service at critical points.

      9.   Conclusion. Executive summary of study findings.

   E.   Submission of TIA.

      1.   The Town Engineer shall review the TIA to determine whether it conforms to the requirements of subsection D. above. The Town Engineer may require modifications to the TIA based onsite conditions and/or project design changes that have occurred subsequent to the meeting required by subsection D. above.

      2.   Modifications so requested shall be identified in writing by the Town Engineer.

      3.   Once a TIA conforming to the requirements of subsection D. above has been submitted, the Town Engineer shall identify, in writing, any or all of the traffic improvements that have been recommended in the applicant’s TIA, or which the Town Engineer recommends, which traffic improvements shall then become a required part of the applicant’s proposal.

      4.   The Town Engineer, with the approval of the applicable board, may retain an independent consultant on behalf of the town to assist with the review of the TIA. In such case, the Town Engineer shall have a reasonable amount of time after retaining the independent consultant to identify, in writing, any or all of the traffic improvements that have been recommended in the applicant’s TIA or by the Town Engineer or the town’s independent consultant, which traffic improvements shall become a required part of the applicant’s proposal.

      5.   A conforming TIA shall be submitted by the applicant prior to any public hearing on the applicant’s proposal. The submission of a conforming TIA and the identification of recommended traffic improvements under this section does not required the town or any of its boards or officials to approve the proposal. The cost of any paid consultant to the town or its Engineer shall be paid by the applicant. No building permit shall be issued if any fees or costs incurred under this section are unpaid.

(Ord. 2006-21, passed 8-28-2006)