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HomeMy Public PortalAbout2000-25 Zinc Mill Park Planning & ZoningORDINANCE NO. 2000 - � S S AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE AND ZONING MAP CREATING THE ZINC MILL PARK PLANNED UNIT DEVELOPMENT WHEREAS, the Rena Corporation (Harry Jones) has initiated and prepared this ordinance to amend the Greencastle Planning and Zoning Ordinance by creating the Zinc Mill Park Planned Unit Development and by amending the zoning map and ordinance, WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on September 25, 2000, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana on September 15, 2000; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in I.C. 36 -7-4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: 1. the comprehensive plan; • 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted, 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development. WHEREAS, the Greencastle Plan Commission has certified this ordinance to the Common Council with a recommendation by a majority vote in favor of adoption, WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factors enumerated in I.C. 36 -7 -4-603 before acting on this ordinance; WHEREAS, the Common Council has determined that this ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. THEREFORE, BE IT ORDAINED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: • SECTION 1 -REZONING That the City of Greencastle Zoning Districts and Zoning Map, Section 10 -38 of the City • of Greencastle Code, is hereby amended by changing the zoning classification for the following described real estate from 1 -2 (General Industrial District) to Planned Unit Development - Zinc Mill Park: Situate in the State of Indiana, County of Putnam and being a part of the Northeast quarter of Section 22, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to -wit: Beginning at the point of intersection of the West line of the Northeast quarter of said Section 22 with the North line of the right -of -way of the Vandalia Railroad Company (now the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company) which point of intersection is 244 North of the Southwest corner of said Northeast quarter, and running thence North on said West line a distance of 450 feet to the Southwest corner of the Walnut Grove Apostolic Church as shown in Plat Book 11, page 110 in the Office of the Recorder of Putnam County, Indiana; thence North 63 degrees 23 minutes 15 seconds East 447.15 feet with the South line of the church lot and the easterly extension thereof; thence North 26 degrees 36 minutes 45 seconds West 223.3 feet, thence North 63 degrees 15 minutes East 523 feet to the South line of the right -of -way of the now or former Terre Haute, Indianapolis and Eastern Traction Company; thence running in a Easterly direction with the South line of the right -of -way of said now or former Traction company a distance of 1391 • feet to the point where said South right -of -way line intersects the North line of the right -of -way of the said Vandalia Railroad Company; thence South 63 degrees and 15 minutes West with the said North line of the right -of -way of said Vandalia Railroad Company a distance of 2417.2 feet to the place of beginning, containing 22.96 acres, more or less. Except, all that part of the Northeast quarter of Section 22 in Township 14 North, Range 4 West, bounded and described as follows. Commencing at the point of intersection of the West line of the Northeast quarter of said Section 22 with the North line of the right -of -way of the Vandalia Railroad Company (now the Pittsburgh, Cincinnati, Chicago and Saint Louis Railway Company) which point of intersection is 244 feet North of the Southwest corner of said Northeast quarter (the foregoing portion of this description is taken from Deed Record 186, page 580. The lands of the Vandalia Railroad Company are now that of the City of Greencastle); thence North 63 degrees 15 minutes 06 seconds East 22.24 feet along said North right -of -way line to the East boundary of Zinc Mill Road and the point of beginning of this description; thence North 00 degrees 15 minutes 12 seconds East 385.47 feet along said East boundary; thence South 05 degrees 27 minutes 26 seconds East 100.50 feet; thence South 00 degrees 15 minutes 12 seconds West 100.00 feet; thence South 11 degrees 30 minutes 53 seconds East 122.58 feet; thence South 79 degrees 21 minutes 04 seconds East 42.48 feet; thence North 63 degrees 13 minutes 38 seconds East 100.00 feet; thence North 67 degrees 59 minutes 28 seconds East 120.42 feet; thence North 63 degrees 13 ® minutes 38 seconds East 1430.00 feet, thence North 61 degrees 47 minutes 43 seconds East 200.06 feet; thence North 63 degrees 13 minutes 38 seconds East 425.36 feet to the North line of the owner's land; thence North 89 degrees 55 minutes 29 seconds East 28.10 feet along said North line to the aforesaid North line of the right -of -way of the former Vandalia Railroad Company and the Northeast corner of the owner's land; thence South 63 degrees 15 minutes 06 seconds West 2395.12 feet along said North line to the point of beginning and containing 0.648 acres, more or less. All bearings in this description which were not taken from previous instruments are based on the bearing system for the state highway project M- Q108(1). (State highway project M- Q108(1) was a highway improvement project by the State of Indiana and the City of Greencastle and the said City is the title owner of this exception.) Containing a total of 22.312 acres, more or less. (The above description was prepared from records on file in the Putnam County Courthouse this 24th day of August, 2000 by C. David Helton, Registered Land Surveyor #870007, ASA Land Surveying) In addition, Section 10 -38a shall be amended to include an additional district in the table • of districts rind primary uses as follows: PUD - ZMP Planned Unit Development - Zinc Mill Park SECTION 2 - AMENDMENT OF ZONING ORDINANCE That the City of Greencastle Zoning Ordinance shall be amended to add Section 10 -177 Approved Planned Unit Developments and Section 10 -177a Planned Unit Development - Zinc Mill Park that includes the provisions of Exhibit A of this ordinance. This ordinance takes effect upon passage. The Clerk- Treasurer of the City of Greencastle is ordered to have this ordinance published by inserting a copy of the ordinance in each of the two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. THIS ORDINANCE was passed and adopte this day of2000. Nancy A. Mi hael, Presiding Officer C 1 J Pamela S. Jone 1 rk Treasurer , 2000, at 30 o'clock, p.m. Pamela S. Jones, I k- Treasurer Approved and signed by me this la day of 2000, at 1.30 o'clock, p.m Presented by me to the Mayor of Greencastle, Indiana, this / 6"f- day of ATT T: Pamela S. Jones, CI r Treasurer • Nancy A. Michael, Mayor SYNOPSIS This ordinance amends the Greencastle Zoning Map and Zoning Ordinance, Sections 10- 38 and 10 -177 to rezone 22.312 acres located at the northeast corner of the intersection of Percy Julian Drive (First Street) and State Road 240 (Veterans Memorial Highway), Section 22, Greencastle Township from 1 -2 (General Industrial District) to PUD - ZMP (Planned Unit Development - Zinc Mill Park). This property is commonly known as the former Ball Brothers Zinc Mill site. Petitioner: Rena Corporation (Harry Jones) Owner: Rena Corporation (Harry Jones) L GREENCASTLE CITY PLAN COMMISSION • DOCKET NO. 2000 - Amendment to Zoning Map, Section 10 -38, and Zoning Ordinance, Section 10 -177, to create the Zinc Mill Park Planned Unit Development by rezoning 22.312 acres located at the northeast comer of the intersection of Percy Julian Drive (First Street) and State Road 240 (Veterans Memorial Highway), Section 22, Greencastle Township from 1 -2 (General Industrial District) to PUD - ZMP (Planned Unit Development - Zinc Mill Park). This property is commonly known as the former Ball Brothers Zinc Mill site. Petitioner: Rena Corporation (Harry Jones) Owner: Rena Corporation (Harry Jones) Legal Description: Situate in the State of Indiana, County of Putnam and being a part of the Northeast quarter of Section 22, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to -wit: Beginning at the point of intersection of the West line of the Northeast quarter of • said Section 22 with the North line of the right -of -way of the Vandalia Railroad Company (now the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company) which point of intersection is 244 North of the Southwest corner of said Northeast quarter, and running thence North on said West line a distance of 450 feet to the Southwest corner of the Walnut Grove Apostolic Church as shown in Plat Book 11, page 110 in the Office of the Recorder of Putnam County, Indiana; thence North 63 degrees 23 minutes 15 seconds East 447.15 feet with the South line of the church lot and the easterly extension thereof; thence North 26 degrees 36 minutes 45 seconds West 223.3 feet, thence North 63 degrees 15 minutes East 523 feet to the South line of the right -of -way of the now or former Terre Haute, Indianapolis and Eastern Traction Company; thence running in a Easterly direction with the South line of the right -of -way of said now or former Traction company a distance of 1391 feet to the point where said South right -of -way line intersects the North line of the right -of -way of the said Vandalia Railroad Company; thence South 63 degrees and 15 minutes West with the said North line of the right -of -way of said Vandalia Railroad Company a distance of 2417.2 feet to the place of beginning, containing 22.96 acres, more or less. Except, all that part of the Northeast quarter of Section 22 in Township 14 North, Range 4 West, bounded and described as follows: Commencing at the point of intersection of the West line of the Northeast quarter of said Section 22 with the North line of the right -of -way of the Vandalia Railroad Company (now the Pittsburgh, Cincinnati, Chicago and Saint Louis Railway • Company) which point of intersection is 244 feet North of the Southwest corner of said Northeast quarter (the foregoing portion of this description is taken from Deed Record 186, page 580. The lands of the Vandalia Railroad Company are now that of the City of Greencastle); thence North 63 degrees 15 minutes 06 seconds East 22.24 feet along said North right -of -way line to the East boundary of Zinc Mill Road and the point of beginning of this description; thence North 00 degrees 15 minutes 12 seconds East 385.47 feet along said East boundary; thence South 05 degrees 27 minutes 26 seconds East 100.50 feet, thence South 00 degrees 15 minutes 12 seconds West 100.00 feet; thence South 11 degrees 30 minutes 53 seconds East 122.58 feet; thence South 79 degrees 21 minutes 04 seconds East 42.48 feet; thence North 63 degrees 13 minutes 38 seconds East 100.00 feet; thence North 67 degrees 59 minutes 28 seconds East 120.42 feet; thence North 63 degrees 13 minutes 38 seconds East 1430.00 feet; thence North 61 degrees 47 minutes 43 seconds East 200.06 feet; thence North 63 degrees 13 minutes 38 seconds East 425.36 feet to the North line of the owner's land; thence North 89 degrees 55 minutes 29 seconds East 28.10 feet along said North line to the aforesaid North line of the right -of -way of the former Vandalia Railroad Company and the Northeast corner of the owner's land; thence South 63 degrees 15 minutes 06 seconds West 2395.12 feet along said North line to the point of beginning and containing 0.648 acres, more or less. All bearings in this description which were not taken from previous instruments are based on the bearing system for the state highway project e M- Q108(1). (State highway project M- Q108(1) was a highway improvement project by the State of Indiana and the City of Greencastle and the said City is the title owner of this exception.) Containing a total of 22.312 acres, more or less. (The above description was prepared from records on file in the Putnam County Courthouse this 24th day of August, 2000 by C. David Helton, Registered Land Surveyor #870007, ASA Land Surveying) WHEREAS, the Rena Corporation (Harry Jones) has initiated and prepared the attached ordinance to amend the Greencastle Planning and Zoning Ordinance by creating the Zinc Mill Park Planned Unit Development and by amending the zoning map and ordinance; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on September 25, 2000, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana on September 15, 2000; ® WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in I.C. 36 -7-4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: e 1. the comprehensive plan, 2. current conditions and the character of current structures and uses in each district, 3. the most desirable use for which the land in each district is adapted. 4. the conservation of property values throughout the jurisdiction; and 5, responsible growth and development. E WHEREAS, the Greencastle Plan Commission certifies this ordinance to the Common Council with a favorable recommendation, subject to the conditions or commitments attached hereto and /or stated in the minutes of the Plan Commission, and incorporated herein and made a part of this certification. Dated this 23rd day of October, 2000. ATTEST:/ ecret GREENCASTLE CITY PLAN COMMISSION BY: 4= Pr i g Officer CONDITIONS FOR APPROVAL ® OF ZINC MILL PARK PLANNED UNIT DEVELOPMENT 1. That the permitted use of a "Filling or Service Station /Convenience Store" for Lot 2 listed in Schedule 1 of the proposed ordinance be removed from the ordinance. This item has been removed from the ordinance submitted to the City Council 2. That the permitted right -in only driveway for Lot 2 listed in paragraph Y' of the Property Development Standards in the proposed ordinance be removed and replaced with one (1) additional two -way driveway from Mill Pond Drive for Lot 2. This item has been adjusted in the ordinance submitted to the City Council 3. That the petitioner, Rena Corporation (Harry Jones), place $25,000 cash in an escrow account made payable to the City of Greencastle upon the sale of the first lot in Phase I of the proposed Zinc Mill Park Planned Unit Development. The funds shall be used for traffic and /or pedestrian safety improvements to Percy Julian Drive within five (5) years from date of passage of this ordinance or such funds shall revert to the petitioner. Interest on the fund prior to use by the City of Greencastle shall be payable to the petitioner. Is An escrow agreement shall be established between the petitioner and the City of Greencastle outlining the details of this commitment. LJ EXHIBIT A ATTACHMENT TO ORDINANCE NO. 2000 - AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE AND ZONING MAP CREATING THE ZINC MILL PARK PLANNED UNIT DEVELOPMENT ESTABLISHMENT OF ZINC MILL PARK PLANNED UNIT DEVELOPMENT There shall be hereby established Zinc Mill Park Planned Unit Development. The real property included in the planned unit development and subject to the provisions of this ordinance is described as follows Situate in the State of Indiana, County of Putnam and being a part of the Northeast quarter of Section 22, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to -wit: Beginning at the point of intersection of the West line of the Northeast quarter of said Section 22 with the North line of the right -of -way of the Vandalia Railroad Company (now the Pittsburgh, Cincinnati, Chicago and St. Louis Railway ® Company) which point of intersection is 244 North of the Southwest corner of said Northeast quarter, and running thence North on said West line a distance of 450 feet to the Southwest corner of the Walnut Grove Apostolic Church as shown in Plat Book 11, page 110 in the Office of the Recorder of Putnam County, Indiana; thence North 63 degrees 23 minutes 15 seconds East 447 15 feet with the South line of the church lot and the easterly extension thereof; thence North 26 degrees 36 minutes 45 seconds West 223.3 feet, thence North 63 degrees 15 minutes East 523 feet to the South line of the right -of -way of the now or former Terre Haute, Indianapolis and Eastern Traction Company; thence running in a Easterly direction with the South line of the right -of -way of said now or former Traction company a distance of 1391 feet to the point where said South right -of -way line intersects the North line of the right -of -way of the said Vandalia Railroad Company; thence South 63 degrees and 15 minutes West with the said North line of the right -of -way of said Vandalia Railroad Company a distance of 2417.2 feet to the place of beginning, containing 22.96 acres, more or less. Except, all that part of the Northeast quarter of Section 22 in Township 14 North, Range 4 West, bounded and described as follows: Commencing at the point of intersection of the West line of the Northeast quarter ® of said Section 22 with the North line of the right -of -way of the Vandalia Railroad Zinc Mill Park PUD, Page 1 Company (now the Pittsburgh, Cincinnati, Chicago and Saint Louis Railway ® Company) which point of intersection is 244 feet North of the Southwest corner of said Northeast quarter (the foregoing portion of this description is taken from Deed Record 186, page 580. The lands of the Vandalia Railroad Company are now that of the City of Greencastle); thence North 63 degrees 15 minutes 06 seconds East 22.24 feet along said North right -of -way line to the East boundary of Zinc Mill Road and the point of beginning of this description; thence North 00 degrees 15 minutes 12 seconds East 385.47 feet along said East boundary; thence South 05 degrees 27 minutes 26 seconds East 100.50 feet; thence South 00 degrees 15 minutes 12 seconds West 100.00 feet; thence South 11 degrees 30 minutes 53 seconds East 122.58 feet; thence South 79 degrees 21 minutes 04 seconds East 42.48 feet; thence North 63 degrees 13 minutes 38 seconds East 100.00 feet; thence North 67 degrees 59 minutes 28 seconds East 120.42 feet; thence North 63 degrees 13 minutes 38 seconds East 1430.00 feet; thence North 61 degrees 47 minutes 43 seconds East 200.06 feet; thence North 63 degrees 13 minutes 38 seconds East 425.36 feet to the North line of the owner's land; thence North 89 degrees 55 minutes 29 seconds East 28.10 feet along said North line to the aforesaid North line of the right -of -way of the former Vandalia Railroad Company and the Northeast corner of the owner's land, thence South 63 degrees 15 minutes 06 seconds West 2395.12 feet along said North line to the point of beginning and containing 0.648 acres, more or less. All bearings in this description which were not taken from previous instruments are based on the bearing system for the state highway project M- Q108(1). (State O highway project M- Q108(1) was a highway improvement project by the State of Indiana and the City of Greencastle and the said City is the title owner of this exception.) Containing a total of 22.312 acres, more or less. (The above description was prepared from records on file in the Putnam County Courthouse this 24th day of August, 2000 by C. David Helton, Registered Land Surveyor #870007, ASA Land Surveying) The development shall consist of 10 lots and will be constructed in two phases as shown in the final plat for each phase of the development. Phase I shall consist of lots 1 through 5. Phase II shall consist of lots 6 through 10. No sanitary sewer connection permits or occupancy permits for Phase II shall be issued prior to 12/1/2002. The City of Greencastle may waive this date upon the early completion and approved operation of the new wastewater treatment plant. The developer shall have the right to seek final plat approval in anticipation of the availability of sanitary sewer connections upon completion of the wastewater treatment plant. DEFINITIONS • Unless included in this ordinance, the definitions listed in Section 10 -7 of the Zinc Mill Park PUD, Page 2 Greencastle Planning and Zoning Ordinance shall apply. ® USES PERMITTED The following uses listed in Schedule 1 shall be permitted in the Zinc Mill Park Planned Unit Development, plus such other uses as the Board of Zoning Appeals may deem to be similar in nature. The sale of alcoholic beverages for carry-out and /or off premises consumption shall not be permitted on any lot in the Zinc Mill Park Planned Unit Development. All uses shall be subject to the property development standards of this ordinance. See Schedule 1 Attached. ACCESSORY USES PERMITTED The following accessory uses are permitted and with the exception of parking spaces and waste and recycling receptacles may be installed in any required yard: Bird baths and bird houses Walks Curbs Driveways o Parking spaces Fences and hedges Lamp posts Mail boxes Signs Utility installations for local service Retaining walls - not permitted in drainage or utility easements Shrubs, plants, and flowers Trees - not permitted over underground utility lines or in drainage or utility easements Satellite dish receiving antennas - rear or side yard only behind the principal building Waste and recycling receptacles - when screened and located behind the principal building Accessory buildings less than 500 square feet such as mini -barns shall not be permitted. SPECIAL EXCEPTION USES No special exception uses shall be permitted in the development. • Zinc Mill Park PUD, Page 3 PROPERTY DEVELOPMENT STANDARDS ® The following property development standards shall apply to all land and structures in the Zinc Mill Park Planned Unit Development. a. Lot Area - Lots shall be as shown in the final plat for the Zinc Mill Park. No lot may be further subdivided in the development. Construction of a multi- tenant structure for the purposes of leasing space to more than one business shall not require additional subdivision review by the Plan Commission so long as the platted lot remains under single ownership. A purchaser may combine one or more lots to create a larger development site. b. Lot Dimensions - Lot dimensions shall be as shown in the final plat for the Zinc Mill Park. c. Ground Floor Area - Each structure shall have a minimum ground floor area of 2,000 square feet. d. Building Height - No main building or structure may be changed or erected in the Zinc Mill Park Planned Unit Development so as to have a height greater than thirty -five (35) feet. ® e. Front Yard Setback- Parking - Lots abutting Avenue F and Mill Pond Drive shall have a minimum front yard setback of twenty (20) feet for all parking areas as indicated on the final plat. Lots abutting Percy Julian Drive shall have a minimum front yard setback of thirty (30) feet for all parking areas as indicated on the final plat. f. Front Yard Setback - Structures - Lots abutting the east side of Percy Julian Drive shall have a minimum front yard setback of seventy -five (75) feet for all structures as indicated on the final plat. Lots abutting Avenue F and Mill Pond Drive shall have a minimum front yard setback of fifty (50) feet for all structures as indicated on the final plat. g. Side Yard Setback - Lots shall have a minimum side yard setback of ten (10) feet as indicated on the final plat for both parking and structures. h. Rear Yard Setback - Lots shall have a minimum rear yard setback of ten (10) feet for parking areas and structures as indicated on the final plat. Lots abutting Veterans Memorial Highway (SR 240) shall have a rear yard setback of twenty (20) feet for all parking areas and forty -five (45) feet for all structures. I. Yard Setback Exceptions - Exceptions to yard setback requirements shall be governed by Section 10 -143 of the Greencastle Planning and Zoning Ordinance. ® Up to one half the depth of a side or rear yard setback adjacent to the structure may be used for the installation of HVAC equipment, utility meters, and /or utility pedestals Zinc Mill Park PUD, Page 4 HVAC equipment shall not be located in any drainage or utility easements. In addition, ® porte cocheres, drop -off canopies and other roofed open areas designed for the purpose of protecting pedestrians while entering a structure may encroach in the front or rear yard between the parking setback line and the building setback line. If lot 2 is used for a Filling /Service Station or Convenience Store with a gas pump island(s) protected by a canopy, no more than 35% of the area protected by the canopy may be located between the building setback line and the parking setback line. j. Off - Street Parking - As used in this section: "Parking space" means an area, but not including any part of a street or an alley designed or used for the temporary parking of a motor vehicle. "Parking area" means a group of parking spaces or an open area not including any part of a street or an alley designed or used for the temporary parking of motor vehicles. Each parking spaces shall be at least nine (9) feet wide and twenty (20) feet long, exclusive of circulation aisles. The minimum width for circulation aisles shall be 24 feet for 90 degree or perpendicular parking; 18 feet for 60 degree parking; and 13 feet for 45 degree parking. Circulation aisles having a width of less than 22 feet shall be one - way aisles. O The required number of off - street parking spaces for each facility or use shall be determined by application of the standards noted in Schedule 2. For a use not specified in Schedule 2, the Plan Commission shall apply the standard for a specified use which the Commission determines to be most similar to the proposed use. See Schedule 2 Attached. Handicapped parking spaces shall be provided according to the Americans with Disabilities Act or other applicable requirements or statutes. All parking areas must be paved prior to the issuance of an occupancy permit. Paving may consist of either a minimum of six (6) inches of compacted stone base with a two (2) inch premixed asphalt wearing course or a minimum of a six (6) inch concrete pavement. Parking areas must be adequately and properly drained. Wherever a parking lot is to be used during darkness, a system of lighting shall be installed to provide an adequate standard of illumination over the entire parking lot. A minimum of one (1.0) footcandle as measured on the ground surface at the point of least illumination shall be considered an adequate standard of illumination. All lights ® shall be shielded so that a minimum of glare, no more than one tenth (0.1) footcandle, extends onto adjacent property. In no case shall such lighting impair safe movement of Zinc Mill Park PUD, Page 5 traffic on adjacent streets or highways. n LJ 0 Parking areas of lots 1 and 5; and, 2, 3, 4, and 7 shall be interconnected between lots so as to allow the safe and easy movement of vehicles from one lot to another without entering the street. A lot purchaser may petition the Plan Commission to waive this requirement if the intensity of the proposed use does not warrant the interconnection. The Plan Commission may require that parking areas on lots 5 and 6; and 8, 9 and 10 be interconnected depending on the,use of the parcels. Parking areas may not be located in the minimum required front, side and rear yard setbacks as listed in the property development standards and as shown by the parking setback lines on the plat. Driveways to public streets or circulation aisles to interconnect parking lots may be located in required sideyard setbacks. Circulation aisles to serve parking spaces may not be located in required sideyard setbacks. k. Vehicle Entrances - Lots shall be limited to the following number of entrances: Lot Number 1 Number of Entrances One and /or One Type Street Location Two Way Mill Pond Drive Shared Two Way with Lot 5 (No entrance permitted on Percy Julian Drive) 2 Two Two Way Mill Pond Drive (No entrance permitted on Percy Julian Drive) 3 One and /or Two Way Mill Pond Drive One Shared Two Way with Lot 4 4 One or Two Way Mill Pond Drive Two Shared Two Way with Lots 3 & 7 5 One and /or Two Way Mill Pond Drive One Shared Two Way with Lot 1 6 One Two Way Avenue F 7 One and /or Two Way Mill Pond Drive One Shared Two Way with Lot 4 8 One Two Way Mill Pond Drive 9 One and /or Two Way Ave F One Two Way Mill Pond Drive 10 One Two Way Mill Pond Drive Zinc Mill Park PUD, Page 6 ® The width of vehicle entrances shall not be less than 12 feet per exit lane and 12 feet per entrance lane and shall have a total width of not less than 24 feet and not more than 32 feet measured at the property line. Vehicle entrance driveways shall be located to minimize traffic congestion and avoid undue interference with pedestrian access to street corners; entrance driveways on corner lots shall be located as far from the street intersection as practical; and no driveway shall be located within 50 feet of street intersections as measured from the intersection of the street right -of -way lines. Shared entrance driveways shall be centered on the lot line and access easements shall be provided as shown on the final plat. i. On Street Parking - On street parking shall not be permitted in the development. m. Loading Berths - Off street loading berths shall be provided and maintained on the same lot with the principal use. Access to truck loading and unloading space shall be provided such that it will not interfere with public convenience and will permit the orderly and safe movement of trucks. ® Streets, sidewalks, or other public rights -of -way or other public property shall not be used for loading or unloading purposes nor shall vehicles be parked on such areas during loading and unloading. n. Landscaping - Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and /or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition. Each lot shall have not less than 25 0 /0 of the area of the lot landscaped. Each lot shall be planted with at least one 2 inch caliper tree per 1,000 square feet of impervious pavement or roof area. All plant materials used for landscaping shall conform to the standards given in the current "Grade and Standards for Nursery Plants" published by the State of Indiana Department of Agriculture or equal. For parking areas designed to accommodate 20 or more vehicles, a minimum of 5% of the parking lot shall be planted as landscaped island areas, developed and distributed throughout the parking lot so as to provide visual and climatic relief from broad S expanses of pavement. Each landscaped island shall be a minimum of nine feet in any horizontal dimension and shall provide at least one major shade tree having a clear Zinc Mill Park PUD, Page 7 trunk height of at least 6 feet and a minimum caliper of 2 inches. Shrub plantings 40 adjacent to a building along the perimeter of the parking lot, or in any part of a yard, shall not be counted as interior landscaping. For the purposes of this requirement, the area of a parking lot shall be the total vehicular surface area including circulation aisles. Whenever parking areas consisting of five spaces or more are located such that the parked cars will be visible from a public street, landscaping in addition to the required interior parking lot landscaping shall be required between the street and the parking lot. Such landscaping shall be a minimum height of 3.5 feet, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of 50% of the parking area. Landscaped berms of a minimum height of 3.5 feet may also be used to effectively obscure a minimum of 50% of the parking area. Any required landscaping or screening shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan and this ordinance. o. Screening - The following shall require screening consisting of a tight screen planting of a minimum of five (5) feet in height and three (3) feet in width effective during all seasons as measured two (2) years from the date of planting: Lots abutting residential uses to the north of the development; ® Air conditioning units and other mechanical installations; and, Loading berths. Lots abutting residential uses to the north of the development may employ landscaped berms to meet the screening requirements. Loading berths, air conditioning units, and mechanical installations, may also be screened by an attractive well- maintained solid fence of a minimum of five (5) feet in height. Waste and recycling receptacles including trash dumpsters shall be screened by an attractive well- maintained solid opaque fence of a minimum of five (5) feet in height. p. Sight Distance Triangle - A triangular space at the street corner of a corner lot shall be free from any kind of obstruction to vision between the heights of three (3) and twelve (12) feet above established grade, determined by a diagonal line connecting two (2) points measured twenty -five (25) feet equidistant from the street corner along each property line. q. Industrial Restrictions - For industrial uses permitted on lots 8, 9, and 10, ® the additional property development performance standards regarding smoke, glare, heat, vibration, noise, fire hazards, detonation materials, particulate matter, exceptions, Zinc Mill Park PUD, Page 8 special provisions, and certificate of compliance as provided for in Section 10 -114b through Section 10 -114m of the Greencastle Planning and Zoning Ordinance, as amended, shall apply. SIGN CONTROL REGULATIONS AND STANDARDS A. PURPOSE In the interest of promoting the overall quality of the Zinc Mill Park Planned Unit Development, these regulations herein established to provide for the use, location and size of signs in a manner that ensures that signs are in harmony with the character of the associated use, the surrounding area, and will support and complement the goals and objectives of the Greencastle Comprehensive Plan. As more specifically set forth herein, the purposes of these regulations are to a. Promote and maintain an attractive mixed use planned unit development. b. Provide reasonable, yet appropriate, conditions for identifying institutions, businesses, and industrial establishments. c. Control the size and location so that signs will be aesthetically harmonious with their surroundings. d. Eliminate any conflict which would be hazardous between identification signs and traffic control signs and devices. ® e. Provide review procedures which enable the City and Property Owners Association to comprehensively evaluate the appropriateness of the sign to the site, building, and surroundings. f. Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment. g. Prohibit all signs not expressly permitted by this ordinance. In establishing these purposes, the developer and the city have determined that signs in the Zinc Mill Park Planned Unit Development which do not comply with these regulations (type, size, location, and limitation on the number of signs) are a public nuisance. Unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public. B. CLASSIFICATION OF SIGNS For the purposes of this ordinance, a sign shall include any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business; by means of letters, words, designs, colors, symbols, flags, banners, fixtures, images or e illuminations. Signs shall be further classified by physical design or structure, and function or purpose based on the following: Zinc Milt Park PUD, Page 9 ® a. Physical Characteristics of Signs 1. Awning Sign: A sign located face on the of an awning. 2. Canopy Sign: A sign hung perpendicular to the store front under a canopy, ceiling, or entry, intended for pedestrian visibility 3. Changeable Copy Sign: A sign, such as a bulletin board or announcement board, where the message or graphics is not permanently affixed to the structure, framing, or background and may be periodically replaced or covered over manually or by electronic or mechanical devices. 4. Freestanding Sign: A sign which is supported from the ground or a structure other than a building. (a) Monument Sign: A freestanding sign having 50% or more of the bottom of the sign in contact with the ground or supporting structure. (b) Pole Sign: A freestanding sign having more than 50% of the bottom of the sign separated from the ground by air. 5. Wall Sign: A sign erected parallel to or affixed on the outside wall of any building, and not extending more than 12 inches therefrom, and which does not project above the roof line or beyond the corner of the building. 6. Window Sign: A sign on the inside of a building affixed to, or near, a window for the purposes of being visible to and read from the outside of the building. b. Function of Signs 1. Construction Sign: A temporary sign identifying the name of a project during the time of construction. Such signs may include s description of the project, and may list the project's professional firms. 2. Directional Sign: A sign located on private property, at or near the public right -of -way to direct traffic onto private property, usually indicating the entrance and exit to a parking lot. 3 Identification Sign: A sign intended to identify the principal use of a lot, building, or building unit by a commercial or industrial enterprise or an institutional organization. 4. Instructional Sign: A sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers, or users as to specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; specific services offered, or methods of payment accepted. Examples include "Parking for Customers Only ", menu boards, drive -up tellers, etc. 5. Memorial Sign: A sign indicating the name of a building, the date of construction and /or incidental information about its construction, which sign is cut into s masonry surface or made of bronze or other permanent material, and mounted at the time the building was constructed. 6. Nameplate: A sign attached to the wall of the principal building indicating only the name and address of the person or business Zinc Mill Park PUD, Page 10 C. COMPUTATION OF SIGN AREA AND HEIGHT a. Determining Sign Area or Dimension 1. For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within the outside dimensions of the background or frame. 2. For a sign comprised of individual letters, figures, or elements, on a wall or similar surface, or an irregularly shaped freestanding sign, the area of a sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements. 3. The sign area shall include the frame, but shall not include the pole or other necessary structural support unless such pole or structural support is illuminated or otherwise so designed to constitute a display surface or device. 4. A freestanding sign shall have no more than two display surfaces. Each ® display surface shall be considered a sign face. 5. In the event there is a dispute in determining the sign area or any sign Zinc Mill Park PUD, Page 11 occupying the lot or building. 7. Political Sign: A temporary sign advocating the action on a public issue, promotion of a candidate for public office, or other ballot oriented objectives. 8. Product and Service Sign: A sign which advertises the services, products, merchandise, or prices of commodities produced, stocked, or sold on the premises. 9. Real Estate Sales Sign: A temporary sign which directs attention to the rental, sale, or lease of the property on which the sign is located. 10. Required Public Purpose /Safety Sign: A sign erected by a public authority, utility, public service organization, or private industry upon the public right -of -way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. 11. Temporary Promotional Sign: A temporary sign of any type (other than a construction, real estate sales, or political sign) intended to announce special events, promotions, or sales. 12. Temporary Sign: A sign that is used only for a limited time and is not permanently mounted. 13. Unified Directory Sign: A wall sign erected to identify each business or tenant located within the building. C. COMPUTATION OF SIGN AREA AND HEIGHT a. Determining Sign Area or Dimension 1. For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within the outside dimensions of the background or frame. 2. For a sign comprised of individual letters, figures, or elements, on a wall or similar surface, or an irregularly shaped freestanding sign, the area of a sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements. 3. The sign area shall include the frame, but shall not include the pole or other necessary structural support unless such pole or structural support is illuminated or otherwise so designed to constitute a display surface or device. 4. A freestanding sign shall have no more than two display surfaces. Each ® display surface shall be considered a sign face. 5. In the event there is a dispute in determining the sign area or any sign Zinc Mill Park PUD, Page 11 dimension, the Planning Commission shall have the final responsibility for making such determination. • b. Determining Sign Height 1. The height of a freestanding sign shall be measured from the base of the sign or supporting structure at normal grade to the top of the highest element. Normal grade shall be (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, or mounding solely for the purpose of locating the sign. c. Determining Building Wall Area Building wall area shall be calculated by multiplying the lineal feet of building frontage by 15 feet or the height of the building, whichever is less. 1. For multi- tenant buildings, the tenant wall area shall be that portion of the building frontage so occupied by a single activity and calculated in the same manner as the building wall area. 2. For lots fronting on two or more streets, building wall area shall be calculated separately fro each street frontage and the sign area that is oriented toward a particular street shall not exceed the portion of the building wall area fronting on that street. 3. For lots abutting the Veterans Memorial Highway (SR 240), the building • wall area facing Veterans Memorial Highway (SR 240) shall be considered building frontage eligible for signage as set forth in c.2. above. D. MAXIMUM SIGN AREA AND HEIGHT PERMITTED Signs shall conform to the maximum area and height by type of sign as set forth in Schedule 3. See Schedule 3 Attached. Signs shall conform to the maximum total area limitations set forth below' a. The maximum permitted area for identification signs attached to the principal structure shall be equal to ten percent of the building wall area but shall not exceed 100 square feet. 1. This maximum total sign area permitted for each principal structure shall be the sum of the areas of the following identification signs: wall signs, upper floor tenant signs, unified directory wall signs, awning signs, permanent window signs and instructional signs unless the Building • Inspector or City Planner determines such instructional signs are exempt pursuant to subsection a.2. below. Zinc Mill Park PUD, Page 12 2. Instructional signs which are clearly intended for instructional purposes and, as determined by the Building Inspector or City Planner, are not • larger than necessary to serve the intended instructional purpose nor are in locations or possess design characteristics which constitute or serve the purposes of an identification sign shall not be considered an identification sign and the area of which shall be exempt from the maximum area permitted for identification signs. b. Memorial signs shall be approved as part of the building construction and shall not be regulated in area provided such signs comply with the definition and intent of memorial signs. c. In addition to the maximum sign area allowed for signs attached to the principal structure, each lot shall be allowed freestanding identification signs and directional signs as set forth in Schedule 4. d. The maximum quantity, height, area and setbacks of freestanding signs, when permitted shall conform to the standards set forth in Schedule 4. E. ADDITIONAL REGULATIONS GOVERNING SIGNS The following sign regulations are in addition to the maximum sign height and area regulations: • a. Requirements for Freestanding Identification Signs 1. Such signs shall be monument signs. 2. Such signs shall be located no less than 10 feet from the right -of -ways of Avenue F, Mill Pond Drive, Percy Julian Drive, and SR 240. 3. For a corner lot, such signs shall be located a minimum of 30 feet from the intersection. 4. Content for Freestanding Signs: - (a) Multiple- Tenant Facilities - When a freestanding sign is permitted on a lot with more than one tenant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), be a directory for all or only a select group of tenants, or some combination thereof. (b) Product and Service Signs - Up to a maximum of 50 percent of the area of the freestanding identification sign may be devoted to advertising using a Product or Service Sign. (c) Changeable Copy Sign - Up to a maximum of 33 percent of the area of a freestanding identification sign may be devoted to changeable copy. The sign face devoted to changeable copy shall be covered by a protective material and securely locked at all times. 5. Freestanding signs shall be landscaped as an integral part of the • required front yard landscaping. c. Rear Entry Signs for Multiple- Tenant Buildings Zinc Mill Park PUD, Page 13 I . Each rear entrance to a tenant space in a multiple- tenant building shall ® be clearly identified with the name and address of the occupant using reflective letters no less than three inches in height. d. Signs for Businesses not on the Ground Floor 1. For multi -story buildings, each tenant not located on the ground floor shall be permitted one permanent identification sign to be placed in a window of the tenant's space. Such sign shall not exceed four square feet and shall be inclufied as part of the identification sign area for the building. e. Directional Signs 1. Directional signs shall be permitted as set forth in Schedule 4. Such signs shall be located no less than five feet from a side lot line, and may be located at or near the right -of -way but shall not be in the right -of- way. f. Window Advertising Signs 1. Window signs for the purpose of periodic, special advertising shall be permitted without a sign permit provided that window signs shall not cover more than 20 percent of the window area that is within a height of eight feet above the ground. g. Pump Island Signs 1. Retail outlets having fuel pump islands may have, for pricing and service information only, mot more than one (1) double -faced sign or two (2) single -faced signs per pump island. ® 2. Such pump island signs shall not be greater than 24 inches by 48 inches, be confined to the pump islands, shall be permanently attached, and may be illuminated. No sign permit shall be required. h. Construction Signs 1. One (1) non - illuminated construction sign shall be permitted on each lot during the construction of the principal structure. 2. Such construction signs shall comply with the requirements of Schedules 3 and 4. 3. The construction sign shall be erected on a lot only during the period of time that the building project is under construction and while a valid building permit is in force. 4. A construction sign may only be posted for a period of up to 12 months. Such sign shall be removed within 14 days of the commencement of the intended use. I. Political Signs 1. Political signs are permitted on any lot with the owner's permission and shall comply with the requirements of Schedules 3 and 4. 2. Political signs shall not be illuminated. 3. Political signs shall be placed no earlier than 21 days prior to the election to which they pertain and shall be removed no later than 7 days after said election. ® 4. Political signs shall not be placed on utility poles or on public property common area property or street right -of -ways, but may adjoin the right- Zinc Mill Park PUD, Page 14 of -way line provided such signs do not obstruct vehicular sight distance Real Estate Sales Signs 1. Real estate sales signs are permitted on any lot with the owner's permission, shall be located only on the lot being advertised for sale, lease, or rent, and shall comply with the requirements of Schedules 3 and 4. 2. One real estate sales sign shall be permitted per street frontage located no less than 10 feet from the right -of -way and 20 feet from a side lot line. 3. Real estate sales signs shall not be illuminated. 4. Real estate sales signs shall be removed by the property owner or Realtor within ten days after said property is transferred, rented, leased, or removed from the real estate listing. k. Temporary Promotional Signs 1. Temporary non - illuminated promotional signs, banners, pennants or flags (other than institutional, State, Federal, or other patriotic flags) intended to promote or advertise special events or sales may be permitted for a total of not more than 60 days in a 365 day period when complying with the requirements outlined below. 2. One freestanding sign or one banner shall be permitted to be placed on the premises where the sale is to occur. One additional sign or banner shall be permitted for lots facing SR 240. 3. A temporary freestanding sign shall be located no less than 10 feet from ® the right -of -way and no less than 20 feet from any side lot line. A temporary banner shall be placed only on the building's front wall. 4. Such temporary sign or banner shall be intended to advertise a special event or promotional sale activity. 5. Such temporary sign or banner shall be permitted a maximum of four times a year in increments of 15 days each. F. DEVELOPMENT IDENTIFICATION SIGNS The developer and the property owners association shall have the right to establish up to three identification signs for the development. Such signs may be at the corners of Mill Pond Drive and Percy Julian Drive and the northeast corner of Percy Julian Drive and SR 240. The easements for the location of such signs are designated on the final plat for Phase I of the development. In general, the regulations and standards of this section shall govern the overall quality and design of the identification signs for the development. The area and height of the sign shall be computed as found in section C. The sign area shall not exceed 50 square feet and the height may not exceed 6 feet. The sign may be accompanied by a decorative wall, fence and or landscape plantings. The sign and any associated wall or fence shall be set back a minimum of 15 feet from the right -of -way line of any public ® right -of -way. Zinc Mill Park PUD, Page 15 G. DESIGN AND CONSTRUCTION STANDARDS FOR SIGNS 19 In addition to ensuring compliance with the numerical standards of this ordinance, the Building. Inspector or City Planner shall consider the proposed general design, arrangement, and placement of any sign, as well as the appropriateness of the proposed sign in relationship to other signs and structures both on the premises and in the surrounding areas, and shall only approve signs which are consistent with the intent, purposes, standards and criteria of this ordinance. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions: a. The lettering should be large enough to be easily read but not out of scale with the building, site, or streetscape. b. The number of items (letters, symbols, shapes) should be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility. c. Signs, if seen in series, should have a continuity of design with the style of the signs generally consistent throughout the building or block. Continuity of design means uniformity of background color or harmonious use of a limited range of complementary background colors. d. The sign should complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment. ® e. A sign should be constructed with a minimum of different types of elements and materials so as to provide a consistent overall appearance. f. Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility. g. No part of a sign shall project above the parapet line. h. Signs may be internally or externally illuminated except as otherwise set forth in Schedule 3 provided the light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts. I. The source of light shall not be visible from the street and external light sources shall not shine on adjoining properties. No flashing, revolving or intermittent illumination shall be employed. j. No flashing or moving parts shall be permitted for any sign or advertising display within the Zinc Mill Park Planned Unit Development. k. All signs shall be designed, constructed, and erected in a professional and workmanlike manner, in conformance with all applicable building codes, and with materials which are durable for the intended life of the sign. I. Signs shall have no secondary or other signage added to the sign face or ® sign structure. m. Freestanding signs shall be designed and located so as not to obstruct a Zinc Mill Park PUD, Page 16 driver's visibility entering or exiting a lot or to be a safety hazard to ® pedestrians or vehicles. o. All freestanding identification signs must include the street address number at the sign location as part of the business identification. H. SIGNS EXEMPT FROM REGULATION The following signs shall be exempt from regulation under this ordinance: a. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance. b. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the building in which such sign is located. c. Works of art that do not include a commercial message. d. Religious and other holiday lights and decorations containing no commercial message when displayed during appropriate times of the year. e. Required public purpose /safety signs needed to achieve the intended public purpose and which contain no commercial message of any sort. f. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress ® of the United States for the Stars and Stripes. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such. I. SIGNS PROHIBITED IN THE ZINC MILL PARK PLANNED UNIT DEVELOPMENT a. Animated, flasher, blinker, racer type, moving or revolving signs, inflatable signs and tethered balloons, streamers, exposed light bulbs, strings of lights not permanently mounted to a rigid background except those exempt under the previous section; and other similar features. b. Mobile billboards and signs on temporarily placed vehicles. c. Signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or directional signals. d. Outdoor advertising signs (billboards) being any sign erected for the benefit of any person, organization, business, cause, product, or service not residing or located on the premises upon which said sign is erected. e. Merchandise, equipment, products, vehicles, or other items not themselves for sale and placed for attention getting, identification, or advertising purposes. f. Temporary message board signs with or without a trailer frame, wheels ® and/or non permanent support legs. Zinc Mill Park PUD, Page 17 J. ADMINISTRATIVE PROCEDURES ® Prior to the installation of any regulated sign, the property owner or business owner shall obtain the required permit from the City of Greencastle. K. MAINTENANCE OF SIGNS All signs shall be maintained in accordance with the following standards: a. The property owner, owner of the sign, tenant, and agent are required to maintain a sign(s) in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with ali building code requirements. b. A sign in good repair shall be free of peeling or faded paint, shall not be stained, show uneven soiling or rust streaks; shall not have chipped, cracked, broken, or bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the Zinc Mill Park Planned Unit Development and the City. c. The Building Inspector may order any sign to be painted or refurbished at least once a year, if needed, to keep the sign in a neat and safe condition. d. If a sign is deemed by the Building Inspector to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe building and structure and all City regulations applicable to for the repair or removal of ® such sign shall apply. e. Whenever any sign is required to be removed for the purpose of repair, relettering, or repainting, the same may be done without a sign permit provided there is no alteration or enlargement to the structure or the mounting of the sign itself. M. ALTERATION AND REMOVAL OF UNSAFE, OBSOLETE AND NONCONFORMING SIGNS a. Any sign and supporting materials which no longer advertises a bona fide business, or which no longer serves the purpose for which is was intended, or which is not maintained in accordance with this ordinance shall, within 30 days of business termination or the time such sign becomes obsolete or not properly maintained, be removed by the property owner, sign owner, sign provider, or person having beneficial use of the building or structure upon which such sign may be found. Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the city. b. Written notification from the Building Inspector concerning removal of a sign shall be complied with within 30 days. Failure to comply with the abatement order shall result in the Building Inspector having authorization to cause ® removal of such sign and supporting material. Any expenses incidental to this removal shall be paid by the owner of the property upon which said sign Zinc Mill Park PUD, Page 18 is located. Failure to pay the cost for such removal shall result in a lien upon ® the property, which lien shall be filed with the County Recorder's office, to remain a lien or record until paid. The lien shall accrue interest at the maximum rate permitted by Indiana law prior to payment. c. If the Building Inspector shall find that any sign or other advertising structure_ is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, notice shall be given in writing by the Building Inspector to the property owner. If the property owner fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after such notice, such sign or other advertising structure may be removed or altered to comply with these regulations at the expense of the owner of the property upon which it is located. The Building Inspector may cause any sign or advertising structure which is in immediate peril to persons or property to be removed summarily and without notice. COMPLIANCE WITH LAWS AND REGULATIONS Each owner shall comply with all applicable laws, statutes, ordinances, rules regulations, orders and standards of any governmental authority including without limitation this ordinance, and with any and all reasonable rules, regulations and ® directions which the City of Greencastle and the Property Owners Association may promulgate from time to time. This ordinance may be enforced by the Property Owners Association and the City of Greencastle. SITE PLAN REVIEW Any new construction, expansion of existing construction, or a change of use which requires a modification in the amount of parking or the parcel's circulation, shall require submission and approval of a site plan by the property owners association and the Greencastle Plan Commission (or designee). GENERAL MAINTENANCE OF PARCELS Each owner shall maintain its lot(s), buildings, surface improvements and all other improvements on its lot(s) at all times in a good, safe, sanitary, clean and sightly condition. Each owner shall store refuse, rubbish, debris, trash and all other waste in a sanitary manner covered and screened from public view and provide each building on its lot(s) ® with waste collection and removal service not less than once each week. Each owner shall accept and make deliveries and drop -offs and load and unload Zinc Mill Park PUD, Page 19 goods, merchandise, materials and equipment only during normal business hours for the business(es) being conducted on the owner's lot(s) and from the rear of the is building(s) on that owner's lot(s). PROHIBITION OF NUISANCES No owner shall create, cause, permit or suffer any nuisance to exist on its lot(s). No owner shall cause, permit or suffer any unsightly condition, noxious or objectionable dust, gases, odors or noises to exist on, or emanate from its lot(s). No owner shall cause, permit or suffer any temporary structure including without limitation, sheds, shacks and tents to be built, constructed, erected or installed on its lot(s) unless prior approval of the temporary structure is first obtained from the property owners association. No owner shall cause, permit or suffer the storage of any material or object of any nature outside of a building unless the property owners association first approves the storage in writing. No owner shall cause, permit or suffer the storage, use, treatment, processing, handling, production, generation, disposal, release or transportation of any explosive, combustible, radioactive, hazardous or toxic material, substance or waste on or from its lot(s) unless the property owners association first approves the storage in writing. No owner shall use, or cause, permit or suffer the use of, its lot(s) for a purpose which materially interferes with the lawful and intended use of another parcel. No owner shall cause, permit or suffer the tenants of, or visitors to, its lot(s) to park any vehicle on the public streets. No owner shall attempt to dedicate any declared easement to a utility provider or municipality. Notwithstanding the conditions set forth in this section, neither the activities related to the construction, erection and installation of buildings or surface improvements on any lot, nor the consequences of such construction activities shall be deemed to be a violation of any of the covenants, conditions, terms and provisions set forth in this section unless the activities materially and unreasonably interfere with the lawful and intended use of another lot. DEDICATION OF IMPROVEMENTS The following improvements shown in the final plat for each phase of the development shall be dedicated to the City of Greencastle: Zinc Mill Park PUD, Page 20 Water Mains and Fire Hydrant, ® Sanitary Sewer Mains ti Storm Sewer System located in the public right -of -way Mill Pond Drive Extension of Avenue F Any required improvements to Percy Julian Drive All traffic control signs Any premiums or fees for street lights other than the basic street light provided for in the city's street lighting contract with Cinergy /PSI Energy MAINTENANCE OF PUBLIC IMPROVEMENTS After dedication, it will be the responsibility of the City of Greencastle to maintain all streets, curbs, traffic control signs, water mains, fire hydrants, sanitary sewer lines, and storm drainage lines located in the public right -of -way or within easements granted to the City of Greencastle. It will be the responsibility of the City of Greencastle to pay the annual base fee for any street lights located in the public right -of -way. The property owners association shall maintain and repair all sidewalks and landscaping located in the public right -of -way from the back side of the curb to the edge of the right -of -way. The property owners association shall replace, in whole or in part, any sidewalks or landscaping when replacement is necessary or appropriate to satisfy the obligation to maintain and repair the sidewalks and landscaping, to protect public safety and maintain the overall quality of the development. The property owners association shall pay to the City of Greencastle the annual fire hydrant rental fee for the fire hydrants located in the development. Each owner shall pay to the property owners association a share of the expenses that the property owners association incurs in connection with operating, maintaining, repairing, and replacing the landscaping and sidewalks located in the public right -of- way. The expenses shall include the annual hydrant rental fees. Each owner's share of the public improvements maintenance expenses shall be based on a formula developed by the Property Owners Association. PROPERTY OWNERS ASSOCIATION The developer shall establish a property owners association for the development. The property owners association shall have the following responsibilities Powers to conduct business for the benefit of the overall development Maintenance of common area improvements Maintenance of common storm drainage improvements Architectural, site plan, and sign design review for projects within the development Zinc Mill Park PUD, Page 21 Collection of fees to carry out responsibilities ® Power to take legal action Other powers and responsibilities to ensure the long term success of the development AMOUNTS PAYABLE TO THE PROPERTY OWNERS ASSOCIATION The property owners association shall, have the power to collect assessments from each property owner for the purposes of fulfilling the maintenance obligations outlined in this ordinance. MAINTENANCE OF DEVELOPMENT SIGN AND OTHER COMMON IMPROVEMENTS A development sign shall be located as indicated on the final plat to include the name of the overall development and a directory of businesses in the development The property owners association shall maintain and repair the development sign and other common improvements and replace, in whole or in part, the signs and other common improvements when the property owners association determines that replacement is necessary or appropriate to satisfy the obligation to maintain and repair the signs and other common improvements, to protect public safety and to maintain the overall quality of the development. Each owner shall pay to the property owners association a share of the expenses that the association incurs in connection with operating, maintaining, repairing, replacing and illuminating the signs and other common improvements including without limitation, all costs and expenses of landscaping and maintaining the areas surrounding the signs and other common improvements. Each owner's share of the signs and other common improvements maintenance expenses shall be based on a formula developed by the Property Owners Association. MAINTENANCE OF COMMON STORM DRAINAGE SYSTEM The common storm drainage system shall consist of all detention ponds, easements, pipes, culverts, inlets, outlets, and catch basins necessary to meet the collective storm drainage and detention requirements of the development. This system shall be shown in the final plat for each phase of the development. The system shall be designed to meet the rules and regulations of the City of Greencastle. The property owners association shall maintain and repair all portions of the common storm drainage system that are not entirely located on and exclusively serving one ® parcel. The property owners association shall replace, in whole or in part, the common portions of the storm drainage system when the association determines replacement is necessary or appropriate to satisfy the obligation to maintain and repair the common Zinc Milt Park PUD, Page 22 portions of the storm drainage system, to protect public safety and to maintain the overall quality of the development. Each owner shall pay to the property owners association a share of the expenses that the property owners association incurs in connection with operating, maintaining, repairing, and replacing the common storm drainage system. Each owner's share of the common storm drainage system maintenance expenses shall be based on a formula developed by the Property Owners Association. MAINTENANCE OF PRIVATE STORM DRAINAGE SYSTEMS Each owner shall provide its lot(s) with surface and storm water drainage which adequately channels, directs, or drains the surface and storm water on the lot(s) into the common storm drainage system. No private storm drainage system shall be allowed to discharge directly onto SR 240 and Percy Julian Drive right -of -way. Each owner shall maintain and repair the private storm drainage system that is located entirely on and exclusively serving the owner's lot(s). ARCHITECTURAL COMPATIBILITY ® No owner shall build, construct, erect or install a building, structure, sign or other surface improvement or any other improvement (collectively referred to herein as "improvement(s) ") on its lot or alter any of the existing improvements on its lot, including without limitation, reducing the number of parking spaces on the lot, until all of the following conditions are satisfied: The owner submits to the property owners association all site plans, building plans, sign plans, designs and specifications for the proposed improvement or the proposed alteration of an existing improvement; The owner submits to the property owners association samples of any construction and finishing materials, or the exterior colors that the property owners association may request; The property owners association determines to its satisfaction that the improvements as shown in the construction plans appear to comply with and will not cause a violation of any and all applicable zoning ordinances, building codes, and other state and local regulations, any and all reasonable rules, regulations and directions which the property owners association may promulgate from time to time concerning construction, erection, installation and alteration of improvements; and the setbacks and screening, signage and landscaping standards set forth for the Zinc Mill Park Planned Unit Development; Zinc Mill Park PUD, Page 23 The property owners association further determines that the improvements and ® the construction materials are of a quality, appearance, and nature that are compatible with the plans for the development and any existing improvements in and on the development and adjacent real estate; and, The property owners association approves the construction plans in writing. Determinations by the property owners association pursuant to this section shall be made at the property owners association sole discretion, exercised in good faith, and approvals of the property owners association required by this section shall not be withheld unreasonably. Notwithstanding the foregoing, the property owners association shall have no liability for determinations or approvals made under this section. Neither the owner nor anyone else may rely on any such determination or approval other than for the purpose of compliance with this section. ADMINISTRATION After approval of any site, building, and or sign plans and specifications by the Property Owners Association, the owner shall submit to the City of Greencastle all site plans, building plans, sign plans, designs and specifications for the proposed improvement or the proposed alteration of an existing improvement as required for the issuance of any state or local building or improvement location permit. The City of Greencastle shall issue the requested permit after determining that the proposal meets the requirements of this and any other applicable ordinance or regulations. AMENDMENTS A petition by the majority of the members of the property owners association may request the Greencastle Plan Commission and Greencastle Common Council to amend this ordinance or amend the final plat of the development. A majority of the members of the property owners association shall approve any request by the Greencastle Plan Commission and or Greencastle Common Council to amend this section of the ordinance as it applies to the development. VIOLATIONS, ENFORCEMENT AND PENALTIES The provisions of Sections 10 -228 and 10 -229 Greencastle Planning and Zoning Ordinance shall apply in regard to the enforcement of violations and application of penalties for failure to comply with the provisions of this ordinance. 11 Zinc Mill Park PUD, Page 24 SCHEDULE1 IZINC MILL PARK PLANNED UNIT DEVELOPMENT ----- [PERMITTED - USES --- PLANNED UNIT DEVELOPMENT OF 20.61 ACRES NUMBER OF LOTS: i q -- 5 GENERAL INTENDED USE: Office Commercial & Industrial PERMITTED USES: Office - nfflr - Lmunicipai or Police o Fir( Public or Err Public Libfar Public Park , ernment Building_ rti Museum �creational Area Store y Hall for Non-Profa rile Repair - Indoors )ile Sales Bank Barber Car Wash Charitable Storage & Rental or Automatedi NON-RESIDEN mmunications iry - Retail licatessen parlment Store E LOT NUMBERS: 1,5,6,9 12,3,4,7 10 Zinc Mill Park PUD - Schedule 2 Y es 10 Zinc Mill Park PUD - Schedule 2 ® (SCHEDULE 1 CONTINUED PERMITTED USES: 1 LOT NUMBERS: -- -- YeS -- ZA4,7,8 - - - -- - - - 10 Record Sho - -' -�- -- �e5 Farm Equipment Sales &Service Flower Shop - — _...... Restaurant - Drive -in Garden Shop Restaurant - Table Service and Drive Thru Window i - y Gift Shoe -- Greenhouse - Commercial Self Se vice Laundry & Dry Cleaning _ Yes Groce y Y Hardware Store _. Yes; Health Related Facilit VS yes yes Hotel or Motel . Yes Industrial Park - - -- InftuSfN- I inh} wrfh I o Cfnrono •`: ® MODIIe Nome Or T railer Sales Area Mortuapf Plant Nursery 1 Public or Private Garaqe - (Parking Gara Yes YeS _ Radio TV Service &Sales Record Sho Reducing Salon �e5 Restaurant Restaurant - Drive -in y� Restaurant - Table Service and Drive Thru Window y _ Retail Showroom �— - - -- -- tts5 : Self Se vice Laundry & Dry Cleaning _ y Warehouse and Mini - Storage Warehouse • Zinc Mill Park PUD - Schedule 2 E e SCHEDULE2 ZINC MILL PARK PLANNED UNIT DEVELOPMENT_ MINIMUM REQUIRED PARKING SPACES REQUIRED PARKING SPACES: 1 per 300 sg of floor area 1 per 300 soft of floor area 1 per 300 sqft of floor area 1 er 150 sq ft of floor area - -- - -- — 1 per 300 soft of floor area PERMITTED USES: _ Office - Administrative Office - Business Office - General Office - Professional - Medical & Dental Office - Professional - General Office - Professional - Veterinarian _ 1 per 3 animal spaces Munici al or Government Buildin Police or Fire Station t of floor area e on shift Public or Em to ee Parkin y proje Public Libra or Museum of floor area ff Public Park or Recreational Area of recreation area Si DNA A pparel Store Assembly Hall for Non -Profft Organizations 1 per 250 soft of floor area 1 per 6 seats in main auditorium Automobile Repair - Indoors A utomobile Sales 2 er sen4ce bay plus 1 per em ployee _ 1 per 400 soft used for retailin ake ___ —_ 1 per 250 soft of floor area 1 p er 250 sqft of floor area _ 2 per barber chair 2 p er beauty chair 1 p er 250 soft of floor area 1 per 400 sqft used for retailin 4 Le lane p p lus 1 per 2 em I oye es _ 3 per stall for self serve; 15 for automated Bank _ _ Barbe Shop _ Beauty Shop _ Billiard Room _ Boat Sales, Service, Storage & Rental Bowling Alley Car Wash - Self Serve or Automated Charitable Institution - NON - RESIDENTIAL _ 1 p er 125 soft of floor area Dam- Retail Delicatessen l per 250 sqft of floor area _ 1 per 250 soft of floor area De artment Store 1 per250 soft of floor area Drug Store 1 per 250 sqft of floor area Dry Cleaning Establishment 1 per 250 s ft of floor area Farm Equipment Sales & Service 1 er 400 s ft used for retailing Filling or Service Station /Convenience Store 1 per 200 soft of floor area Flower Sho 1 per 250 soft of floor area Garden Shop 1 per 250 soft of floor area Gift Sho 1 per 250 sqft of floor area Greenhouse - Commercial 1 per 3 employees plus 1 per 125 sofa of sales area Grocery 1 per 250 sgft of floor area Zinc Mill Park PUD - Schedule 2 f E CHEDULE 2 CONTINUED REQUIRED PARKING SPACES: PERMITTED USES: - -- 1 p er 250 soft of floor ar 1 er 300 sgfl floor area H ardware Store Health Related Facilit - Other than medical or dental office - Hotel or Motel Industrial Park Indust - Light with Inside Storage 1 or 3 em to ees plus 1 per slee ng room 1 er 2 em p>ees on lar est shift 1 per 2 em on lar gest shift Jewelry Store 1 er 250 sqft of floor area Kennel 1 per 3 animals aces LaboratoDZ for Testinq & Research 1 per 400 soft of floor area Laundry A ency 1 per 250 sqft of floor area Meat Market 1 er --- s ft of floor area Mill ine Sho 1 per 250 sqft of floor area Mobile Home or Trailer Sales Area - - -- 1 per 400 s ft used for retailing ortua 1 per 4 seats in main auditorium _ 1 per 250 sgft of floor area 1 per 250 sgft of floo area 1 per 3 employees plus 1 per 125 sqft of sales area As required by project 1 per 250 sqft of floor area 1 per 250 sqft of floor area 1 er 250 sqft of floor area 1 per 60 sqft of floor area Newsdealer Pet Shop _ - -- — - - -- Plant Nurse _ Public or Private Gara - (Parking Ga ra e Radio TV Service & Sales Record Sho _ Reducing Salon Restaurant Restaurant - Drive -in _ Restaurant - Table Service and Drive Thru Window 1 per 60 sqft minimum of 20 s paces r 1 per 60 sq ft of floor a rea Retail Showroom - small retail oods 1 per 250 sgft of floor area Retail Sho wroom - large retail g ie furniture 1 per 500 sqft of floor area Self Service Laundr & Dry Cleaning 1 er 4 washin mach Shoe Repwsho E 1 per 250 sqft of floor area Stationer 1 or 250 soft of floor area Studio Business 1 er 300 sqft of floor area Supermarket 1 Der 250 s ft of floor area Tailor & Pressing Shop 1 per 250 s qft of floor area 1 per 3 seats Theater- Indoor Truck Service Center 2 spaces nor service ba plus 1 per employee Variety Stare 1 per 250 sgft of floor area 1 per employee minimum of 1 per 800 sgft of floor area 1 per employee minimum of der 8 0 0 sqft of floor area snare reninrPmantc Warehouse and Mini - Stora e Warehouse Wholesale Business Note: Gross floor area shall be used for determinina oarkino Zinc Mill Park PUD - Schedule 2 0 SCHEDULE 3 ZINC MILL PARK PLANNED UNIT DEVELOPMENT GENERAL SIGN REQUIREMENTS Zinc Mill Park PUD - Schedule 3 Maximum Maximum . Illumination Setback Setback from Time Type of Sign (Function - Physical Type) Area By Type Height Internal External from ROW Side Lot Line Limits Nameplate - Wall Signs 2 sqft DNA Permitted Permitted DNA DNA DNA Identification - Wall Signs Lessor of 10% of DNA Permitted Permitted DNA DNA DNA wall area or 100 sqft Identification - Window Signs (Ground Floor) Lessor of 10% of DNA Permitted No DNA DNA DNA wall area or 100 soft Identification - Window Signs (Upper Floor) 4 sqft DNA Permitted No DNA DNA DNA Identification - Freestanding Signs 50 sqft total of faces 8 feet Permitted Permitted 10 feet 20 feet DNA Identification - Awning Signs 50 soft DNA Permitted Permitted DNA DNA DNA Identification - Canopy Signs 10 sqft DNA Permitted Permitted DNA DNA DNA Unified Directory - Wall Signs 16 sqfi DNA Permitted Permitted DNA DNA DNA Directional Signs - Freestanding Signs 4 sqft per face 3 feet Permitted No Near ROW 5 feet DNA Construction Signs - Freestanding Signs 32 soft 6 feet No No 10 feet 20 feet 12 months Political Signs - Freestanding Signs 32 sqft 6 feet No No Near ROW 20 feet 28 days Real Estate Sales Signs - Freestanding Signs 12 sqft 6 feet No No 10 feet 20 feet DNA Zinc Mill Park PUD - Schedule 3 " SCHEDULE 3 CONTINUED Maximum Maximum Illumination Type of Sign (Function - Physical Type) Area By Type Height Internal External Temporary Promotional Signs 32 sgft 6 feet No No Temporary Banners - Attached to Building No limit No limit No Permitted Notes: DNA - Does not apply. Types of signs may be combined so as not to exceed the maximum sign area per facade, building and lot. Temporary signs shall be permitted for a maximum of four times a year in increments of 15 days each. n Setback Setback from Time from ROW Side Lot Line Limits 10 feet 20 feet 15 days DNA DNA 15 days Zinc Mill Park PUD - Schedule 3 SCHEDULE 4 ZINC MILL PARK PLANNED UNIT DEVELOPMENT MAXIMUM SIGN AREA BY LOT Type of Sign Nameplate (Attached to building) Identification - Wall Signs (Attached to building) Identification - Window Signs (Ground Floor) Identification - Window Signs (Upper Floor) Identification - Awning Signs Identification - Canopy Signs Unified Directory - Wall Signs TOTAL SIGN AREA - By facade Facing Mill Pond Drive or Avenue F Facing Mill Pond Drive - Lots 1, 2 & 9 Only Facing Percy Julian Drive - Lots 1 & 2 Only Facing SR 240 Facing side lot line All lots facing Mill Pond Drive, For SR 240 face of Lots Avenue F or Percy Julian 2,3,4,7,8,10 Drive One per tenant Installed Location of Sign Near tenant entrance One per building 1 additional per building Facing street and SR 240 One per tenant 1 additional per tenant Facing street and SR 240 One pertenant 1 additional per tenant Upper Poor windows One per building Above principal entrance One per building Above principal entrance One per building Near principal entrance Ma>dmum of 125 sqft Ma>dmum of 100 sgft MaAmum of 125 sgft Ma>dmum of 30 sqfl Ma>dmum of 100 soft Identification - Freestanding Signs One per lot 1 additional per lot Facing street and SR 240 Zinc Mill Park PUD - Schedule 3 ® • SCHEDULE 4 CONTINUED Type of Sign Directional Signs All lots facing Mill Pond Drive, For SR 240 face of Lots Avenue F or Percy Julian 2,3,4,7,8,10 Drive One per one -way driveway Two per two -way driveway Construction Signs One per lot Political Signs One per lot Real Estate Sales Signs One per lot Temporary Promotional Signs One per lot Temporary Banners - Attached to Building One per lot NOTES: Temporary signs shall not count in total sign area. Total sign area is the sum of all nameplate, wall, window, unified directory, canopy, awning, and instructional signs. One additional per lot One additional per lot Installed Location of Sign Zinc Mill Park PUC - Schedule 3 E A I I I. WALNUT GROVE APOSTOLIC CHURCH naxT lZ Y ER LINE - - - - - - W - - -- } - - R UNE W T SIGN EASEMENT ?.ITARY SEWER Y SEWER S-5 - Y SEWER WJJHOUE TE SIDEWALK w 0i )� �� �� 1.29 ACRES COMMERICAL M ppi