Elkhart City Zoning Code
DEVELOPMENT PLAN
OVERLAY DISTRICT
§ 151.160 PURPOSE.
(A) The city recognizes that development, especially within certain districts or geographic areas, can have major impacts on the visual and physical character of the city. Consequently, it has established the requirement of “development plan” submittal and approval within critical specified zoning districts. These include: CBD, Central Business District; B-4, Regional Business District; OP, Office Park District; and BP, Business Park District. Within these districts, a high level of site and building plan review is required.
(B) The city further recognizes that the need for this increased level of review may not always occur within the fixed boundaries of a specific zoning district. Instead, areas of major developmental impact may occupy only a portion of a zoning district or include all or portions of several districts. These could include:
(1) Corridors along major traffic arteries, including gateways into the city; or
(2) A specific geographic area which due to its location, land uses, physical character or other factors significantly affects on the overall character of the city.
(C) It is the intent of this section to permit the establishment of Development Plan Overlay Districts to supplement those specified zoning districts requiring the submittal and approval of a “development plan.” The purpose of these overlay districts is to:
(1) Encourage orderly and compatible development;
(2) Encourage a high standard of visual quality within the district;
(3) Protect existing and future property values;
(4) Promote the safe flow of traffic on streets within the district and the integration of various transportation options including pedestrian, bicycle and vehicular networks; and
(5) Protect and preserve the quality and integrity of residential neighborhoods within and adjacent to the districts.
(1979 Code, § 151.130) (Ord. 4370, passed 7-20-1998)
§ 151.161 DEFINITION.
The Development Plan Overlay District is a floating zone that may overlay a portion of an underlying zoning district or all or portions of several zoning districts. All properties located in the district undergoing modification or new construction shall be required to submit a development plan to the city’s Plan Commission for review and approval in accordance with the requirements of the Zoning Ordinance. Additional design and development standards, including site and building, may be incorporated into the district at the time of its establishment, supplementing or superseding those of the underlying zoning district and the general development standards of the Zoning Ordinance. The establishment of the Development Plan Overlay District does not affect the uses permitted by right, special exception or conditional use of the underlying zoning.
(1979 Code, § 151.131) (Ord. 4370, passed 7-20-1998)
§ 151.162 BASIC REQUIREMENTS.
A Development Plan Overlay District boundary shall encompass those properties that share a common identity due to geographic location, historic or locational significance, design characteristics (site and/or building), use, significant transportation routes or physical features, or other identified unifying characteristics. Boundaries will be determined at the time a district is created.
(1979 Code, § 151.132) (Ord. 4370, passed 7-20-1998)
§ 151.163 PROCEDURES FOR ESTABLISHING DISTRICT.
(A) General requirements.
(1) An application for establishing a Development Plan Overlay District shall be filed with the Planning and Zoning office at least 30 days prior to the Plan Commission meeting at which it is to be heard. A proposal to establish a District may be initiated by the Plan Commission or by a petition signed by the property owners of not less than 75% of the land to be included in the district.
(2) Since the district does not dictate land use, but only requires adherence to the development plan review process and associated design and developmental standards as specified in the Zoning Ordinance, notification shall be required only to those property owners within the proposed district. The notification shall be by legal notice in the local newspaper and direct mailing to the affected property owners.
(B) Preliminary review.
(1) Preliminary review of a proposed district is required for those applications initiated by petition of property owners. Prior to filing a formal application for a district, the petitioner(s) shall submit to the Planning and Zoning office no less than 6 copies of the proposal including the following information:
(a) A map indicating the boundaries of the proposed district;
(b) A narrative explaining the reason or need for creating the district;
(c) Whether Type I and/or Type II Design Standards will apply; and
(d) Additional development standards, if any, being recommended and explanation as to why they are necessary.
(2) The Planning staff may request additional information deemed necessary for consideration of the proposed district.
(3) The Planning staff shall review the proposal for compliance with the city’s Zoning Ordinance and the Comprehensive Land Use Plan. General discussions may be conducted between staff and the petitioner(s) to clarify the proposal or incorporate necessary modifications prior to filing of the formal petition.
(C) Plan Commission action. The Plan Commission shall conduct a public hearing on a proposed Development Plan Overlay District and forward its recommendation consisting of any conditions or modifications and the district boundary map to the City Council for final action.
(D) City Council action. The City Council shall make the final determination on the proposed district. Action by the Council shall be in accordance with § 151.291(B), “Map Amendment,” of the City Zoning Ordinance. All development within an approved district shall comply with the procedures for development plan review, as specified in the City Zoning Ordinance, and any additional development standards incorporated at the time the district was created.
(1979 Code, § 151.133) (Ord. 4370, passed 7-20-1998)
§ 151.164 ESTABLISHED DISTRICTS.
(A) Establishment. The following districts are established as of the effective date of this chapter:
(1) Cassopolis Street: Bristol Street to north city limits;
(2) Main Street: Lusher Avenue to south city limits;
(3) Nappanee Street: Bristol Street to south city limits;
(4) Bristol Street: Nappanee Street to 600 feet east of Osolo Road;
(5) C.R. 6: Between east and west city limits;
(6) Johnson Street: St. Joseph River to Bristol Street;
(7) C.R.17: Between north and south city limits; and
(8) Jackson Boulevard: Main Street to Prairie Street.
(B) Riverwalk Overlay District. All development in these districts shall comply with Type I and Type II Design Standards except for manufacturing uses located in an M-1 or M-2 zoning district which shall not be required to comply with Type II design standards, but shall comply with the following: all structures shall present a decorative facade on the front facade facing the district street and the front 1/3 of any side facade visible from the district street or river.
(C) Inclusions. Each district, with the exception of the Riverwalk Overlay District, shall include the entirety of each lot(s) or non-subdivided property being developed as a single development which abuts the district street to a maximum depth of 200 feet. However, in the event a proposed development extends beyond the 200-foot depth, the entire parcel(s) being developed including that portion of the parcel(s) beyond the 200-foot depth shall be included in the development plan district, so long as any portion of the development is located within the 200-foot depth.
(1979 Code, § 151.134) (Ord. 4370, passed 7-20-1998; Am. Ord. 4533, passed 11-6-2000; Am. Ord. 5618, passed 9-11-2017) Penalty, see §
151.999