(5)   Police and fire stations located on primary or thoroughfare streets; and

      (6)   Therapeutic massage and/or massage therapy when conducted in a massage establishment by a professional masseuse/masseur, who has completed training at a state certified school of massage and who has earned certification as a "massage therapist" or similar designation.

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

(1979 Code, § 151.050) (Ord. 4370, passed 7-20-1998; Am. Ord. 4462, passed 1-13-2000 ; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

      (16)   Other retail sales and service business serving the immediate neighborhood ; and

      (17)   Therapeutic massage and/or massage therapy when conducted in a massage establishment by a professional masseuse/masseur, who has completed training at a state certified school of massage and who has earned certification as a "massage therapist" or similar designation..

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

(1979 Code, § 151.051) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4683, passed 7-1-2002 ; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

      (26)   Wireless communication facilities as defined in § 151.251 of this chapter ; and

      (27)   Therapeutic massage and/or massage therapy when conducted in a massage establishment by a professional masseuse/masseur, who has completed training at a state certified school of massage and who has earned certification as a "massage therapist" or similar designation.

      (6)   Tattoo parlors; and

      (7)   Trade schools.

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

 

 

(1979 Code, § 151.052) (Ord. 4370, passed 7-20-1998; Am. Ord. 4457, passed 12-6-1999 ; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

      (19)   Wholesale businesses, where all storage of materials is within a building;

      (20)   Outside storage of liquids or gases on one or more tanks, where total volume of the tank(s) does not exceed 2,000 gallons; and

      (21)   Therapeutic massage and/or massage therapy when conducted in a massage establishment by a professional masseuse/masseur, who has completed training at a state certified school of massage and who has earned certification as a "massage therapist" or similar designation.

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

 

 

(1979 Code, § 151.053) (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002 ; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

(1979 Code, § 151.054) (Ord. 4370, passed 7-20-1998; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4683, passed 7-1-2002 ; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

      (1)   Accessory structures;

      (2)   Religious assembly, except that religious assembly uses shall not be permitted adjacent to Main Street, Jackson Boulevard, or Elkhart Avenue;

      (3)   Department stores;

      (4)   Drive thru facilities, except those facilities shall not be permitted adjacent to Main Street, Jackson Boulevard, or Elkhart Avenue;

      (5)   Drug stores;

      (6)   Financial institutions;

      (7)   Fitness centers, dance studios, self-defense schools, etc.

      (8)   Government offices;

      (9)   Hotels and motels, with or without conference centers;

      (10)   Laundromats;

      (11)   Libraries;

      (12)   Live/work units;

      (13)   Mass transit centers;

      (14)   Medical and dental offices and clinics;

      (15)   Movie, stage, and dinner theaters;

      (16)   Museums;

      (17)   Multi-family residential dwellings, including condominiums, townhouses, and residences located above commercial uses;

      (18)   Offices, business and professional;

      (19)   Parking structures;

      (20)   Printing and publishing of newspapers, magazines, periodicals, etc.;

      (21)   Public park and recreation facilities;

      (22)   Public utilities and service users;

      (23)   Restaurants, cafes, and catering, including those with alcoholic beverage service and with interior and/or exterior seating, other than drive-in. Drive-thru windows are permitted in conjunction with a restaurant with a minimum seating capacity of 50 persons, except those facilities shall not be permitted adjacent to Main Street, Jackson Boulevard, or Elkhart Avenue;

      (24)   Retail sales and service, excluding adult entertainment, pawn shops, and tattoo parlors;

      (25)   Temporary structures, related to active construction on a site;

      (26)   Funeral homes, crematories and similar services (as amended per Ordinance No. 4431 on July 23, 1999);

      (27)   Taverns (as amended per Ordinance No. 4462 on January 13, 2000);

      (28)   Therapeutic massage and/or massage therapy when conducted in a massage establishment by a professional masseuse/masseur, who has completed training at a state certified school of massage and who has earned certification as a "massage therapist" or similar designation, (as amended per Ordinance No. 5044 on July 11, 2007);

      (29)   Rooftop entertainment areas, including decks, patios, porches, glass enclosed spaces and similar uses for the purpose of utilizing the rooftop areas of buildings.

      (1)   Bed and breakfast home;

      (2)   Charitable organizations;

      (3)   Community centers, convention halls, arenas, auditoriums, stadiums;

      (4)   Private recreation facilities;

      (5)   Meeting hall/banquet facility (as amended per Ordinance No. 4683 July 10, 2002).

 

 

 

 

      (1)   A development plan shall be submitted to the Planning and Zoning Office for review and approval in accordance with §§ 151.175 through 151.189. All development shall comply with Type I and Type II Design Standards as specified in §§ 151.175 through 151.189.

      (2)   Business activity must be conducted wholly within a completely enclosed building, except for legally permitted outdoor eating areas and sidewalk sales.

      (3)   Where businesses in this district are adjacent to residentially zoned or used property, all service areas, including but not limited to, loading docks and doors, dumpsters, etc. shall be screened by a solid six foot high fence, wall or dense evergreen hedge. Fences and walls shall be consistent with the architecture of the development or principal building. Any vegetative or architectural screening located along a side property line shall not extend beyond the front facade of the residential structure located on the adjacent lot.

      (4)   In addition to the off-street parking and loading standards specified in § 151.231, the following apply to properties fronting on Main Street from Pottawattomi Drive south to Prairie Street, Jackson Boulevard from Main Street east to Prairie Street/Johnson Street, and Elkhart Avenue from Johnson Street south to Waterfall Drive.

         (a)   Parking areas shall not be located in the front or side yard.

         (b)   The number of parking spaces required under § 151.231 may be reduced by up to 50% for structures that include at least two floors of occupiable space.

         (c)   Contiguous on-street parking spaces may be counted toward the required number of spaces for adjacent parcels.

         (d)   Parking lots shall be designed to provide coordinated access to parking areas on adjoining lots or parcels within the CBD. A Site Circulation Plan shall be submitted as part of the development plan review process to reinforce a common alley/access road to the rear parking lots for parcels along Main Street, Jackson Boulevard, and Elkhart Avenue.

         (e)   If access to parking areas may be gained from another street, alley, or adjacent lot, a curb cut shall not be established on Main Street, Jackson Boulevard, or Elkhart Avenue.

         (f)   Rear accesses should be designed to connect and reinforce a grid development pattern.

         (g)   New curb cuts shall be a maximum of 24 feet in width.

         (h)   Closure of existing curb cuts on Main Street, Jackson Boulevard, or Elkhart Avenue is strongly encouraged. A signage bonus of an additional 20% of the sign area permitted under § 151.234 shall be awarded if all curb cuts onto Main Street or Jackson Boulevard for a parcel are closed.

      (5)   In addition to the Type II Design Standards specified in §§ 151.175 through 151.189, the following architectural design standards shall be required as part of the development plan approval process when new buildings are proposed or existing structures are altered in the CBD:

         (a)   Any site designated as a single site historic district or located within an established historic district shall obtain approval for all exterior development (building and site) from the Elkhart City Historic and Cultural Preservation Commission.

         (b)   All exterior wall building materials shall be high quality, and shall be any combination of the following:

            1.   Brick;

            2.   Stone;

            3.   Wood, excluding plywood (no more than 25% of the street facing facade);

            4.   Glass, excluding glass block;

            5.   Textured concrete masonry units;

            6.   Smooth concrete masonry units, however they may be no more than 25% of any single facade;

            7.   Architectural precast panels;

            8.   Architectural metal, with corrugated metal comprising no more than 25% of any single facade;

            9.   Exterior insulation and finish systems (EIFS), with no more than 25% or the street facing facade and must be located a minimum of 24 inches above the finished grade;

            10.   Fiber cement board;

            11.   Or other high quality material as approved by Plan Commission.

         (c)   Exterior bars on windows, "scissor" security gates, and roll up doors are prohibited on street facing facades along Main Street, Jackson Boulevard, and Elkhart Avenue.

         (d)   All structures along Main Street, Jackson Boulevard, and Elkhart Avenue must have at least one sidewalk facing, pedestrian entrance.

         (e)   For nonresidential, ground floor facades along Main Street, Jackson Boulevard, or Elkhart Avenue, at least 50% of the wall surface between three feet and eight feet must be glass or other transparent material and allow views from the sidewalk into the interior space. Upper floors, including those for residential use, must be at least 15% transparent in the space between floor and ceiling height.

         (f)   Facades on Main Street, Jackson Boulevard, or Elkhart Avenue shall include relief elements including but not limited to, windows and surrounds, storefronts, doors, and details such as special brick coursing, pilasters, or lintels.

         (g)   All roof mounted mechanical equipment shall be screened through the use of a parapet wall or other design detail, as approved by the Plan Commission or its staff.

      (6)   Stormwater best management practices are strongly encouraged in new development and redevelopment.

         (a)   Stormwater planters, rain gardens, bio-retention areas, and other green infrastructure practices may be substituted for parking lot landscaping, buffer yard landscaping, and other landscaping requirements, as approved by the City Engineer or designee.

         (b)   Maximum lot coverage may be increased to a total of 85% of the lot given the use of permeable pavers in parking areas, as approved by the City Engineer.

      (7)   Permanent, free-standing signs shall be prohibited in front yards along Main Street, Jackson Boulevard, and Elkhart Avenue.

      (8)   Bicycle and pedestrian facilities:

         (a)   Dedicated pedestrian paths shall be provided from parking areas to building entrances.

         (b)   Trails and multi-use paths identified in the city's Comprehensive Plan, River District Plan, or other adopted city plans shall be incorporated into site development plans on applicable parcels.

         (c)   The dedication of right-of-way for bicycle and pedestrian facilities along Main Street, Jackson Boulevard, or Elkhart Avenue may be required as a condition of development plan approval.

         (d)   Maximum lot coverage may be increased to a total of 85% of the lot given the provision of additional bicycle or pedestrian facilities, a kayak launch, or other recreation amenities, at the approval of Planning Staff.

      (9)   Placement of new utilities:

         (a)   The installation of new utility systems, including water, sewer, gas, telephone, cable television and electric, along with component parts, structures, appendages and materials, shall be installed underground in a manner approved by the applicable utility provider in accordance with all city standards. Aboveground utility systems will not be permitted, except where certain appurtenances and accessory equipment must be installed above ground for servicing. Examples of such accessory equipment include fire hydrants, gas and electrical meters, electric service cabinets, irrigation controllers, and similar features.

         (b)   Parcels adjacent to existing easements or public rights-of-way where overhead utility supply lines and service connections have previously been installed may be supplied with service from those overhead lines, but the service connections from the overhead lines shall be installed underground. Should a road widening or an extension of service, or other such condition occur as a result of the proposed development and necessitate the replacement or relocation of such utilities, such replacements or relocation shall be underground.

         (c)   Where undergrounding of utilities within a site is not feasible due to utility or infrastructure conflicts, topographic conditions, or site limitations, alternative placement shall be approved by the Plan Commission and landscape screening may be required as a condition of approval.

         (d)   Electric power transmission lines are exempt from these requirements.

      (1)   Nonconforming uses, structures, or nonconforming uses and structures in combination:

         (a)   Are permitted to make site and/or building improvements if such improvement does not increase any nonconformity.

         (b)   May be expanded one time, up to 25% of the gross floor area, but must still be able to meet all other development standards (i.e. parking requirements, landscaping, screening, etc.).

         (c)   Expansion of a nonconforming use and/or structure may not expand onto another zoning lot.

      (2)   Nonconforming signs:

         (a)   May not be enlarged.

         (b)   The message on a nonconforming sign may be altered so long as no new nonconformities are created.

         (c)   If a nonconforming sign remains blank for a period of one year, the sign shall be deemed abandoned and must be removed within a period of two months after abandonment.

         (d)   Nonconforming signs advertising a business that has ceased operation on the site for a period of one year shall be deemed abandoned and must be removed within a period of two months after abandonment.

(1979 Code, § 151.055) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5606, passed 8-7-2017) Penalty, see § 151.999

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

(1979 Code, § 151.056) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

      (2)   All uses permitted in the M-1 , Limited Manufacturing District, excepting outside storage, developed and operated in compliance with division (E) hereof;

         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.

(1979 Code, § 151.057) (Ord. 4370, passed 7-20-1998; Am. Ord. 4462, passed 1-13-2000 ; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999