Ordinance 14-05

This ordinance amends proposed changes to Title 20 (Unified Development Ordinance) brought forward from the Plan Commission on March 21, 2014 at the request of the Common Council with adoption of Res 14-03. It creates a process whereby uses defined as ‘Standardized Businesses’ are required to obtain Conditional Use approval in order to locate in two downtown overlay districts. These districts are the Courthouse Square Overlay (CSO) and the University VillageOverlay (UVO). The amendments to the Plan Commission proposal, first, narrow the special conditional use criteria to whether the petitioner’s project visually complements the immediate surroundings as well as the character of the particular overlay district and, second, broaden the regulated uses from standardized restaurants to standardized businesses. These amendments are intended to focus upon, and comprehensively protect, the unique and eclectic visual character of these two overlay districts. In accordance with IC 36-7-4-607(b), if adopted, the legislation and an accompanying statement will be forwarded to the Plan Commission, which will have 45 days from that time to approve or reject that action of the Council. If the Plan Commission disapproves the action of the Common Council within said 45 days,then the legislation stands only if the Common Council confirms its action by another vote within 45 days after certification of Plan Commission disapproval.Note: The Common Council passed Ord 14-05 with 4 amendments: Am 01 both broadened the reach and narrowed the focus of this regulation; Am 02 inserted a Title, Whereas clauses, and a synopsis which, together, provided a history and rationale for this legislation; Am 03 added a whereas clause regarding possible designation of the Courthouse Square Overlay as a historic district; and, Am 04revised the definition of “standardized business” to exclude businesses “devoid ofany building frontage which is visible to a street” from the definition. Note: The Common Council passed Ord 14-05 with 4 amendments: Am 01 both broadened the reach and narrowed the focus of this regulation; Am 02 inserted a Title, Whereas clauses, and a synopsis which, together, provided a history and rationale for this legislation; Am 03 added a whereas clause regarding possible designation of the Courthouse Square Overlay as a historic district; and, Am 04 revised the definition of “standardized business” to exclude businesses “devoid of any building frontage which is visible to a street” from the definition.