ORDINANCE 2010- 08
AN ORDINANCE OF THE CHESTERTON TOWN COUNCIL AMENDING ORDINANCE NO. 98-23 WHICH
IS AN ORDINANCE ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT
BE IT, AND IT IS HEREBY ORDAINED by the Chesterton Town Council as follows:
WHEREAS, on January 18, 1998, the Chesterton Town Council adopted No. 98-23
approving a planned unit development district for approximately 22.5 acres
located generally north of Indian Boundary Road and east of State Road 49, which
is now owned by the petitioner, EVAM, LLC, an Indiana limited liability company;
and
WHEREAS, Ordinance No.98-23 was amending pursuant to the petition of the owner
of the subject real estate on August 25, 2003 under Ordinance No.2003-16; and
WHEREAS, petitioner, EVAM, LLC, has requested that the Chesterton Town Council
approve an amendment to Ordinance No. 98-23, as previously amended by Ordinance
2003-16, and a public hearing has been held as required by law by the Chesterton
Advisory Plan Commission; and
WHEREAS, the Chesterton Advisory Plan Commission has certified the request of
petitioner with a favorable recommendation to amend Ordinance No.98-23;
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Chesterton Town Council
that Ordinance No. 98-23 shall be amended as follows:
SECTION 1: Section 7.b. and Exhibit “D” of Ordinance No. 98-23 shall be amended
to permit, as an additional permitted use, a dry cleaning establishment with an
environmentally friendly on-site cleaning plant in accordance with and
conditioned upon the following criteria:
a. The dry-cleaning solvent used on the site shall be biodegradable.
b. No excess dry-cleaning solvent containers shall be stored on-site.
c. The dry-cleaning machine shall be a sealed unit which attempts to recycle all
of the dry-cleaning solvent used.
d. The dry-cleaning solvent filter shall be disposed of by a licensed disposal
company.
e. The dry-cleaning machine shall have a safety catch basin which could hold up
to one hundred percent (100%) by volume of the dry-cleaning solvent.
The operating manual and safety manual for the dry-cleaning machine shall be
on-site and a copy provided to the town’s staff.
SECTION 2: The remainder of Ordinance No. 98-23, as previously amended by
Ordinance 2003-16, shall remain in full force and effect.
SECTION 3: Any violation of this planned unit development district ordinance
along with that of Ordinance No. 98-23 as previously amended, shall constitute a
violation of the Chesterton Town Code punishable by a fine from $1.00 to
$2,500.00 per violation for each day said violation exists in accordance with
the General Penalty Provisions found in Section 1-9 of the Chesterton Town Code.
SECTION 4: This ordinance shall be in full force and effect from and after its
adoption and publication as required by law.
ALL OF WHICH IS PASSED AND ADOPTED by the Chesterton Town Council this 26th day
of July , 2010.
CHESTERTON TOWN COUNCIL
By: Jeff Trout , President
Emerson DeLaney
Nick Walding
James G. Ton
ATTEST: Gayle S. Polakowski,
Clerk-Treasurer
(July 29, 2010)