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Home My WebLink AboutZ-289 Rezone Z-160 RecodificationOr,lo No o ~N ORDINANCE RECODIFYING THE C/%RMEL/CLAY ZONING ORDINANCE ~N ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF C~MELt INDIANAt AMENDING CHAPTER 10~ ARTICLE 2t SECTION 10.31t OF THE CARMEL CITY CODE BY THE REPEALING OF SECTION 1.0 THROUGH ~l.~ OF THE CURRENT C~RMEL/CLAY ZONING ORDINANCE Z-160, AND ALL SECTIONS AMENDATORY OR SUPPLEMENTED THERETO WHEREAS, an ordinance amending and recodifying the zoning ordinance of the Common Council passed by the Common Council of the city of Carmel, Indiana, on January 21, 1980, under the authority of acts 1979, public law 1~8, section 1 et seq. (I.C. 18-7-4-101 et seq.) and all acts amendatory or supplementary thereto. WHEREAS, the Carmel/Clay Zoning Ordinance has been recodified and all acts amendatory thereto have been incorporated into this ordinance. WHEREAS, this amendment was initiated by the Plan Commission; and WHEREAS, the Common Council now hereby repeals the prior zoning ordinance, the text of the ordinance is attached hereto, incorporated herein, made a part hereof, and marked as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS:' The Carmel/Clay Zoning Ordinance is hereby repealed and replaced by the following ordinance. Exact text attached hereto, made a part hereof, and marked as Exhibit A. This ordinance shall be in full force and effect from and after its passage and execution by the Mayor. PASSED BY THE ~OMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS ~ DAY OF ~' , 1993 rk-Treasurer ~/ Presiding officer Presented to me byl the Mayor of the city of Carmel, Indiana, on this ~ day of ~ ~ , 1993 at the hour of ATTES~ rk-Treasurer ~/ May ndlan ZONING ORDINANCE ZONING ORDINANCE CARMEL AND CLAY TOWNSHIP HAMILTON COUNTY, INDIANA CARMEL/CLAY PLAN COMMISSION City of Cannel, Indiana November 1993 ZONING ORDINANCE TABLE OF CONTENTS Section Page ENACTMENT - INTERPRETATION 1.0 Title, Purpose, Authority and Jurisdiction 1 2.0 Compliance with the Regulations 2 3.0 Definitions 3 DISTRICT REGULATIONS 4.0 Districts and Boundaries 25 5.0 S-1 Residence District 29 6.0 S-2 Residence District 34 7.0 R-1 Residence District 36 8.0 R-2 Residence District 38 9.0 R-3 Residence District 40 10.0 R-4 Residence District 42 11:0 R-5 Residence District (Planned District) 45 12.0 B-1 Business District 48 13.0 B-2 Business District 52 14.0 B-3 Business District 56 15.0 B-4 Business District (Planned District) 59 16.0 B-5 Business District 62 17.0 B-6 Business District 67 18.0 B-7 Business District 72 19.0 B-8 Business District 81 20A.0 I-1 Industrial District 86 20B.0 M-1 Manufacturing District 90 20C.0 M-2 Manufacturing District 101 20D.0 M-3 Manufacturing District (Planned District) 106 SUPPLEMENTARY REGULATIONS AND DISTRICTS 21.0 Special Use Regulations 117 22.0 Flood Plain Districts 124 23A.0 State Highway 431 Overlay Zone 127 23B.0 U.S. Highway 31 Overlay Zone 128 23C.0 U.S. Highway 421 - Michigan Road Corridor Overlay Zone 139 ZONING ORDINANCE Section Page 24.0 Planned District Regulations 148 25.0 Additional Use Regulations 167 and Lot Area ' nal Height, Yard an t 26.0 Additional g , Regulations 173 27.0 Additional Parking and Loading Regulations 177 Uses and Exemptions 192 28.0 Nonconforming Us s p ADMINISTRATIVE - ENFORCEMENT 29.0 Administration 195 30.0 Board of Zoning Appeals 208 31.0 General Provisions 213 32.0 Manufactured Homes 218 33.0 Cluster Housing 220 34.0 Citation Ordinance 222 • ZONING ORDINANCE 2.0 COMPLIANCE WITH THE REGULATIONS Except as hereinafter provided: 2.1 Building and Land Use No building or land shall be used and no building shall be erected, reconstructed or structurally altered which is arranged, intended, or designed to be used for any purpose other than a use which is permitted and specified in a district in which such building or land is located. 2.2 Height No building shall be erected, reconstructed or structurally altered to exceed the limits of height established and specified for the use and the district in which such building is located. 2.3 Yard, Lot Area, and Size of Building No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, lot area per dwelling unit, ground floor area of residential building, or lot coverage regulations, established and specified for the use and the district in which such building is located. 2.4 Lots In no case shall there be more than one principal building used for residential purposes, and its accessory buildings, located on one lot. Every building hereafter erected shall be located on a platted lot or on an unplatted lot or tract as approved by the Director, which abuts upon and has adequate frontage on a publicly dedicated street and has adequate storm water drainage. 2.5 Parking Space and Loading Berths Every building hereafter erected shall provide parking space for motor vehicles and loading berths as specified hereinafter for the use to which such building is to be devoted. 2.6 Ownership Cooperatives, condominiums and all other forms of property Y ownershi P do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership. 2 _CNING ORDINANCE 1.0 TITLE, PURPOSE, AUTHORITY AND JURISDICTION 1.1 Title This ordinance shall be referred to, and cited as, the Zoning Ordinance, Ordinance No. Z-160, as amended, of the City of Carmel and Clay Township, Hamilton County, Indiana. 1.2 Purpose and Intent The Zoning Ordinance is an ordinance for the development, through zoning, of the territory within the jurisdiction of the Carmel City Plan Commission. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare. The Commission has given consideration to the future probable use of land in the territory affected by this ordinance, and has prepared a Comprehensive Plan showing the future development of this area which has served as a guide in the preparation of this ordinance. 1.3 Authority The City of Carmel holds the power to zone in order to promote orderly development and to improve the health, safety, convenience, and welfare of its citizens through I.C. 36-7-4, as amended from time to time. 1.4 Jurisdiction WHEREAS, the Town Plan Commission of the town of Carmel, Indiana, under the date of January 28, 1960, considered a petition requesting joinder, forwarded by the Clay Township Trustee and the Clay Township Advisory Board, and being favorable to the petition, the Town Plan Commission recommended joinder to the Town of Carmel, and the Town Board of Trustees subsequently passed a resolution setting forth the terms of the joinder, one copy of which was filed with the County Recorder of Hamilton County, Indiana, all in accordance with Chapter 46, Acts of 1959, General Assembly, State of Indiana. Further, said joinder is transferred to the City. of Cannel, established January 1, 1976. Therefore, the area of jurisdiction shall be the incorporated area of the City of Cannel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana. 1 ZONING ORDINANCE 2.7 Mobile Homes All inhabited mobile homes shall be located in a mobile home court that has received special use approval. No inhabited mobile home, outside an approved mobile home court, shall be connected to utilities except those mobile homes being offered for sale. Mobile homes used for all other purposes shall be placed in accordance with the regulation of this Ordinance. 2.8 Compliance with Current Standards of the City of Carmel All improvements and installations required by this ordinance shall be in accordance with current standards of the City of Carmel. 2.9 Compliance with Thoroughfare Plan All projects under the jurisdiction of this ordinance shall conform with the terms of the thoroughfare plan in regard to public dedication of proper rights-of-way. 2.10 Subdivision of Land The subdivision of land may occur in all zoning districts established in Section 4.0. 3.0 DEFINITIONS The following general rules of construction and definitions shall apply to the regulations of this ordinance: 3.1 The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 3.2 Words used in the present tense include the past and future tenses, and the future the present. 3.3 The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. 3.4 The word "building" or "structure" includes any part thereof, and the word "building" includes the word "structure". 3.5 Words not defined herein but defined in the Carmel Subdivision Ordinance shall be interpreted in accordance with the Subdivision Ordinance definition. 3.6 Words and terms not defined herein or in the Carmel Subdivision Ordinance shall 3 ZONING ORDINANCE be interpreted in accord with their normal dictionary meaning and customary usage. 3.7 Definitions: ACCESSORY BUILDING. A building subordinate to another structure or use located on the same lot which is not used for permanent human occupancy. (Deleted; which does not alter or change the character of the premises and which is not attached to the principal structure. The sole and only "attachments" to be considered between the accessory building and the principal structure shall be uniform and continuous roof, supported by customary supports or joists, and no other connection or attachment between the two structures shall be considered within the meaning of this ordinance.) An accessory building may also include public utility; communication, electric distribution and secondary power lines; gas, water and sewer lines; their supports and poles, guy wires, small transformers, wire or cable and other incidental equipment and public telephone booths. ACCESSORY USE. A use subordinate to the main use, located on the same lot or in the same building as the main use, and incidental to the main use. AIRPORT. A facility with surfaced runways and navigation devices for the takeoff and landing of aircraft and with or without services available for aircraft. AIRSTRIP. A grassed area runway without navigation devices for the takeoff and landing of aircraft and without services available for aircraft. ALLEY. A permanent public service way providing a secondary means of access to abutting lands. APARTMENT. A dwelling unit, primarily of a rental nature.. ARCHITECTURAL PLAN. A plan for the construction of any structure designed by a qualified registered architect. ARTIFICIAL LAKE. A man-made body of water fed by a watercourse. ASSESSED VALUATION. The monetary value placed on a property and/or building as established by the assessor with authority over the jurisdiction of this ordinance. AUTOMOBILE FILLING STATION. Any place of business with pumps and underground storage tanks, having as its purpose the selling of motor vehicle fuels and lubricants at retail. AUTOMOBILE SERVICE STATION. Any place of business with pumps and underground storage tanks having as its purpose the retail servicing of motor vehicles with 4 ZONING ORDINANCE fuels and lubricants, including minor repairs and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or any body repairing or painting. BASEMENT. A story having part, but not less than one-half, of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided, used for dwelling purposes other than by a janitor employed on the premises and/or as walk-out access. BLOCK. A unit or property bounded by one or more streets and by streets and/or railroad rights-of-way, waterways or other barriers. BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or . intercepting street and railroad right-of-way, waterway or other barrier. BOARD. The Carmel/Clay Board of Zoning Appeals. BOARDING HOUSE. A building not open to transients, where lodging and/or meals are provided for three or more, but not over thirty (30), persons regularly; a lodging house. BORROW PIT. An area of land from which earth is removed for use on another site and a permanent or temporary irregular terrain is created. BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such a building shall be considered a separate structure. BUILDING, DETACHED. A building having no structural connection with another building. BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line, not counting patios, terraces, etc. BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building. 5 ZONING ORDINANCE BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, =enclosed porches not exceeding one story in height and architectural appurtenances projecting not more than the amounts specified herein. BUILDING SETBACK LINE. (Sometimes called a Building Line.) The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line. CALIPER (Cal.) The diameter of a tree trunk measured at forty (40) inches from the ground. CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents or other camping outfits. CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. CENTERLINE. A line lying midway between the side lines of a street or alley right-of-way and/or pavement. CER11L 1CATE OF OCCUPANCY. A certificate signed by the Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this ordinance. CLINIC OR MEDICAL-HEALTH CENTER. An establishment-where human patients are admitted for special study and treatment by two or more licensed physicians or dentists, and their professional associates. CLUSTER HOUSING. The grouping of single-family dwelling units, either attached or detached, in such a manner as to enable the incorporation of green belts and other open spaces. COMMENCEMENT OF CONSTRUCTION. The point in time commemorating the breaking of ground for the construction of a development or structure. COMMERCIAL.GREENHOUSE. A building used for the growing of plants, all or part of which are sold at retail or wholesale. COMMERCIAL PARKING LOT. Any area of land used or intended for off-street parking and operated for remuneration. 6 ZONING ORDINANCE COMlvIERCIAL RECREATIONAL ENTERPRISE OR FACILITY. Any area of land, buildings and/or facilities used or intended for recreational purposes and operated for remuneration. COMMISSION. The Carmel/Clay Plan Commission. COMMISSION FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel that are required to carry and discharge flood waters of said river or stream, including but not limited to flood flows associated with the regulatory flood, as established by the Indiana Natural Resources Commission. COMMON AREA. Areas within a development that serve either a portion of or the entire development. (Example common area - signs, lighting, landscaping, maintenance shed, etc.) COMPREHENSIVE PLAN. A long-range plan for the development of public and private property for Carmel and Clay Township, including a Land Use Plan, a Thoroughfare Plan, and a Community Facilities Plan. CONDOMINIUM. One or more structures, each structure having two or more dwelling units or other units for occupancy, wherein provisions have been made for separate ownership of each individual dwelling unit or occupancy unit. A type of ownership. CONFORMING USE. A use of a building, land or premises which does conform to all of the applicable provisions of this ordinance. COOPERATIVE. A type of ownership characterized by collective ownership of an object by an organization whose members share in the profits or other benefits of said collective ownership. COUNCIL. The City Council of the City of Cannel, Indiana. COUNTY. Hamilton County, Indiana. CROSSWAY. A pedestrian mid-block walk located in an easement within the street. CUL-DE-LOOP. A street that turns into and reconnects with its main axis, with the center or island used for parking or open space purposes. CUL-DE-SAC. (Court or Dead End Street). A short street having one end open to a through street and being permanently terminated by a vehicle turn-around. The length of a cul-de-sac is measured from the center of the turn-around to the centerline of the first 7 ZONING ORDINANCE intersecting through street. DAY (OR DAY CARE) NURSERY. An organized group program for the care of pre-school children away from their own residence for any part of a twenty-four (24) hour day, for compensation or otherwise., DECIBEL. A unit of measurement of the intensity or loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels. DEVELOPMENT. Existing facilities (structures). DEVELOPMENT PLAN. A plan that is submitted for Plan Commission approval showing proposed facilities and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings information for a site. DIRECTOR. Director, or Administrator, of the Department of Community Development for the City of Cannel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. DISH. That part of the earth station shaped like a saucer or dish. DISH-TYPE RECEIVING ANTENNA (EARTH STATION OR GROUND STATION). A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. Considered a structure, thus subject to all ordinances relating to structures. DISPOSAL FACILITY. A site or plant where solid waste is subject to treatment, storage, recovery, incineration, grinding, composting, collection or covering by earth. DISTRICT. The zoning districts established in this ordinance. DRAINAGE CONCENTRATION. The diversion of the natural flow of water, directed to a point or an area, that creates a greater than natural flow at that point or area. DRIVEWAY. That space or area of a lot which is specifically designated and reserved for the movement of motor vehicles within the lot or from the lot to a public street. DUSTLESS HARD SURFACE. A surface adequately covered in accordance with the current standards of the City of Carmel and required to be maintained in good condition at all times. 8 ZONING ORDINANCE DWELLING. A building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels or motels, lodging or boarding houses or tourist homes. DWELLING, CLUSTER HOME. One or more single-family dwelling structures with no or minimal front, side and rear yards and which may or may not have non-living areas connected by common walls. The size, width and configuration of the lot for each single-family dwelling structure is usually less than is conventionally required by zoning and as such these dwellings are regulated by Section 33.0 of the Zoning Ordinance. • DWELLING, MULTIPLE-FAMILY. A residential building containing three or more dwelling units and occupied by three or more families. DWELLING, SINGLE-FAMILY. A residential building containing only one dwelling unit and not occupied by more than one family. DWELLING, TWO-FAMILY. A residential building containing two dwelling units and not occupied by more than two families. DWELLING UNIT. One or more rooms in a residential building, or residential portion of a building, which are arranged, designed, used or intended for use as a complete, independent living facility for one family and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority , house. FARM. A tract of land comprising an area of at least five acres which is devoted to agricultural operations; such as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs and plants; and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns; equipment and animal sheds; farm residences for the owner, operator or farm assistants; roadside sales structure for the sale of products of the farm, not including industrial or commercial operations or structures or feedlots. FEEDLOT. Any area, enclosed or unenclosed, used for the concentrated feeding of livestock, other than grazing. FENCE. A freestanding device made of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground, rising above ground level and used for confinement, screening protection or partition purposes. 9 ZONING ORDINANCE FENCE, STOCKADE. A fence constructed of vertical wood strips, with no intervening spaces, providing a complete visual barrier. FINANCIAL INSTITUTION. Any building wherein the primary occupation is concerned with such Federal or State-regulated businesses as banking, savings and loans, loan companies and investment companies. FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method. FLOOD (OR FLOOD WATER). The water of any river or stream which is above the banks and/or outside the channel and banks of such river or stream. FLOOD FRINGE. The portions of the flood hazard area lying outside the floodway. The flood fringe (FF) district contains the above area. FLOOD HAZARD AREAS. The flood plain areas that have not been adequately protected from flooding by means of dikes, levees, reservoirs and other works approved by the Indiana Natural Resources Commission. FLOOD PLAIN. The area along a natural watercourse which is periodically overflowed by water therefrom. FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building, including the basement of a structure, at which flood water may enter the interior of the,building. FLOODWAY. The area designated by the Indiana Natural Resources Commission as the commission floodway. The floodway (FW) district contains the above area. FLOOD AREA, GROSS. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area shall include basement, elevator shafts and stairwells of each story, floor space used for mechanical equipment with structural headroom of six (6) feet six (6) inches or more, penthouses, attic space (whether or not a floor has actually been laid providing headroom of six (6) feet six (6) inches or more), interior balconies and mezzanines. FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the center line of walls separating two or more buildings. The term net floor area shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and boating equipment; trailers; horticultural items, farm or garden equipment and other similar 10 ZONING ORDINANCE products; but shall exclude areas designed for permanent uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where the headroom in fifty (50) percent of such area is less than six (6) feet six (6) inches. FOOT-CANDLE. A unit of illumination. It is equivalent to the illumination at all points which are one foot distant from a uniform source of one (1) candlepower. FRANCHISE OR CABLE TELEVISION. Any television distribution system designed to serve any residents within the jurisdiction of this ordinance authorized by any local, state or federal agency. FREE BURNING. A rate of combustion described by a material which burns actively and easily supports combustion. FRONT YARD. The side(s) of a lot which is (are) adjacent to the street right-of- way. GARAGE, PRIVATE. An accessory building or portion of the principal residential • building, commonly used for the shelter and storage of vehicles. AMENDED BY Z-253.. GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for the storage or care of motor vehicles or where such vehicles are equipped for. operation, repaired or kept for remuneration, hire or sale. GENERAL OFFICE. A place of business used exclusively for office purposes from which no product or commodity is located or sold, including but not limited to sales offices, real estate offices, financial offices and professional offices. GREENBELT. That portion of the front yard of the lot which is immediately adjacent and parallel to the right-of-way of State Highway 431, U.S. Highway 31 or U.S. Highway 421, located within an Overlay Zone District Boundary and having a minimum depth of thirty (30) feet. GREENBELT BUFFER. The area of a development which abuts the perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent land. GREENHOUSE. A structure for the propagation of plant materials and for sale of same. 11 ZONING ORDINANCE GROSS AREA. Entire area of project or platted area. GROSS DENSITY. The total number of dwelling units divided by the gross area in acres. GROUND FLOOR. The first level of a building that provides outside access by a door. GROUND FLOOR AREA. The square foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breeze-ways, terraces, garages, and exterior stairways. GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the main residence building for use by temporary guests of the occupants of the main residence building, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling. HABITATION/OCCUPANCY. The act, state or condition of being or becoming a tenant or of living in or taking up quarters or space in a structure or on a land area. HEIGHT, BUILDING. The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. HELIPORT. A facility or land area with navigation devices for the takeoff and landing of helicopters with or without services available for aircraft. HOME OCCUPATION. An accessory use conducted in a single-, two- or multiple-family dwelling which is: (1) clearly incidental and secondary to the use of the dwelling for dwelling purposes, utilizing no more than fifteen percent (15%) of the total floor area of the dwelling; (2) does not change the character of the dwelling; and (3) of which there is no indication from the exterior that the dwelling is being utilized in whole or in part for any purpose other than a dwelling and further that: (1) the home occupation is conducted wholly within the dwelling, and there is no outside noise, odor, smoke or vibration; (2) there is no outside storage or display of materials in connection with the home occupation; (3) no one outside of the immediate family shall be employed; (4) no signs other than those normally permitted in the district in which the home occupation is located; (5) no commodity is sold on the premises other than that prepared on the premises; (6) the delivery of any materials for the home occupation will not exceed two trips per day by any vehicle not owned by a family member; and (7) the mechanical equipment used for the home occupation is customarily used for domestic purposes is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. A home occupation shall not include: (1) barber shop; (2) beauty parlor; (3) antique or gift 12 LOVING ORDINANCE shop; (4) tea room or the serving of food or beverages; (5) animal hospital or commercial kennel; (6) photographic studio; (7) automobile repair other than vehicle owned by members of the immediate family; (8) major appliance repair or services; and (9) any processing or manufacturing that produces noxious materials or products. A home occupation includes but is not limited to the following: (1) art studio; (2) dressmaking; (3) office of an architect, engineer, doctor, dentist, lawyer or accountant; (4) office of a sales representative; and (5) teaching, including musical instruments or dancing but limited to one pupil at a time. HOSPITAL. An establishment for humans providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured. Hospital includes sanitariums. HOTEL OR MOTEL. A building offering temporary housing to the public for compensation, which is available to transient guests and in which no individual cooking facilities are provided. HOUSE PAD ELEVATION. The lowest outside finished ground elevation necessary to meet the minimum drainage requirements for the ground floor of a structure. IMPROVED LOT. A lot fronting on an improved or partial street that is open for. public use. IMPROVEMENT. Any change in use, any major exterior remodeling of a structure or grounds, any addition to a structure or parking area, or any interior remodeling of over 30% of the gross square footage of a structure. IMPROVEMENT LOCATION PERMIT. A permit signed by the Director stating that a proposed improvement complies with the provisions of this ordinance and such other 'ordinances as may be applicable. INDUSTRIAL/MANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIAL/MANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or 13 ZONING ORDINANCE vibrations beyond the limits established herein. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INTENSE BURNING. A rate of combustion described by a material that bums with a high degree of activity and is consumed rapidly. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the contiguous unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. KENNEL, COMMERCIAL. Any lot on which four or more dogs, or small animals, at least four months.of age are kept. KENNEL, RESIDENTIAL. Any lot on which three or less dogs, or small animals, at'least four months of age are kept. KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. LANDSCAPED GREEN AREA. An area which includes live plantings otherr than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. LANDSCAPING. The improvement of a lot with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flowerbeds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. LIVESTOCK. Animals and especially farm animals, raised for use, profit or enjoyment including horses, ponies, cattle, sheep, goats and other similar domesticated animals. 14 ZONIN) ORDINANCE LOADING AND UNLOADING BERTH OR BAY. The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this Ordinance is held to be a twelve (12) foot by forty-five (45) foot loading space with a fifteen (15) foot height clearance and paved with a hard surface in accordance with the current standards of the City of Carmel. ivi other parcel land intended a unit for LOT. A portion of a subdivision or othe arc 1 of d as P P transfer of ownership or development and having its principal frontage on a street. LOT, CORNER. A lot at the junction of, and having frontage on, two or more intersecting streets. LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines. LOT, DOUBLE FRONTAGE. A lot fronting on two non-intersecting streets. LOT, INTERIOR. A lot other than a corner lot or through lot. LOT, REVERSED INTERIOR. A lot, other than a corner lot, which has frontage on a street perpendicular to, or at an angle with, the frontage street of the adjacent lots. LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets. LOT COVERAGE. The percentage of the lot area covered by the building area. LOT GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the sidewalk or the established grade of the street at the front lot line at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk or the established grade at the center of the walls adjoining the streets, and, for buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street. LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the right-of-way of the street and, in the case of a corner lot, a line separating the narrowest frontage of the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line. LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten (10) feet in length 15 ZONING ORDINANCE within the lot, parallel to and at the maximum distance from.the front lot line. LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line. LOT OF RECORD. A lot which has been recorded prior to December 21, 1957. LOT WIDTH. The dimension of a lot, measured between side lot lines on the building line (or in the case of a curved building line, it is measured tangent to the arc). LOW NOISE AMPLIFIED (LNA). A signal amplifying device situated within the earth station; the purpose of which is to magnify the electronic signals received and transfer them through the coaxial cable to the receiver. MANUFACTURED HOMES. IC 36-7-4-1106 established a definition of a manufactured home to be a dwelling unit designed and built in a factory containing a seal certifying that the home was built in compliance with Federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.) and applies to such homes that were built after January 1, 1981. Manufactured homes which exceed 950 square feet may not be totally precluded by ordinance from being located in various areas zoned for housing. MAXIMUM LOT COVERAGE. The entire lot or parcel which can be developed (buildings, principal or accessory; storage areas; parking lots and other accessory uses). MINERAL EXTRACTION. Any process used in obtaining, from the earth, naturally occurring substances. MOBILE HOME. Any vehicle, including the equipment sold as a part of a vehicle, used as a conveyance upon streets by either self-propelled or non self-propelled means and which is designed, constructed, reconstructed or structurally altered in such a manner as will permit the occupancy thereof as a dwelling and which is both used and occupied as'a dwelling but having no foundations other than wheels,jacks, skirting, or other temporary. supports. MOBILE HOME PARK. An area of land upon which two or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, including any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. MOBILE HOME STAND OR PAD. A stationary foundation designed for a mobile home providing support, water supply, waste disposal and electrical convenience. MODERATE BURNING. A rate of combustion described by a material which 16 ZONING ORDINANCE su pp orts combustion and is consumed slowly as it burns. NONCONFORMING USE, ILLEGAL. A use of a building, land or premises existing at the time of the passage of this ordinance which does not conform to all of the applicable provisions of this ordinance nor those of any ordinance superseded by this ordinance. NONCONFORMING USE, LEGAL. A use of a building, land or premises existing at the time of the passage of this ordinance which does not conform to all of the applicable provisions of this ordinance but did conform to applicable provisions of any ordinance superseded by this ordinance. NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirmed in which three or more persons not of the same immediate family are received, kept and/or provided with food, shelter and/or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care apartments and suites for the elderly. OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to garages, patios and porches. OCTAVE BAND. A term denoting all of the frequencies from one given frequency to a second. In sound octave bands, the second frequency is usually twice the first one. OCTAVE BAND FILTER. An electrical device which separates the sounds in each octave band and presents them to the sound level meter. OFFICE BUILDING. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations not involving any equipment other than furniture and document processing and storage facilities. OFF-SITE PARKING. Parking spaces which are located within the platted area . and within reasonable proximity to dwelling units and supportive uses (club house, tennis courts, etc.) which they serve. ON-SITE PARKING. Parking spaces which are located outside the garage or carport area and are located on the individual driveway. OVERLAY ZONE. An additional, secondary zoning classification which establishes additional restrictions on the use of land. (Example: the Flood Plain Districts.) 17 ZONING ORDINANCE PARK. A public space and supporting facilities designed and used for a variety of recreational activities, a greater part of which take place outside of any structure. PARKING AREA, PRIVATE. An area, paved with a hard surface in accordance with the current standards of the City of Carmel, other than a street, place or alley, designed or used for the temporary parking of more than four motor vehicles and available for public use, whether free or for compensation, or as an accommodation for clients or customers. PARKING SPACE. An area, unenclosed or enclosed in the main building or in an accessory building, having a rectangular area of not less than 180 square feet and a minimum width of nine (9) feet inclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley. In parking structures one half of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space and the minimum height of such space shall be seven (7) feet. PARTICULATE MA'T'ER Finely divided liquid or solid material which is discharged and carried along in the air. PARTY WALL OR COMMON WALL. A single unpierced masonry wall that completely separates two separate dwelling units. PAVEMENT WIDTH. The actual width of a street surface that includes only the area that is drivable by vehicles, not including curbs. PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person, or persons., PHASE. Any land area, whether platted or unplatted, building or buildings designated by the applicant in the final development plan application. PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved for use as the principal means of access to abutting property. PLANNED DISTRICT. The R-5, B-4 and M-3 zone districts which require the submission and approval of a development plan. (See Section 24.0). PLANT NURSERY. The growing of plants outside of a structure, intended for wholesale or retail sale. PLANTING STRIP. A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. 18 ZONING ORDINANCE PLAT. A map or chart indicating the subdivision or replat of land, intended to be filed for record. POND. A body of water either occurring naturally or artificially created and not fed by any watercourse. PREMISES. A tract or lot together with all of the structures in that tract or lot. PRIVATE CLUB. An association organized and operated on a non-profit basis for persons who are bona fide members paying dues, which association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. PRIVATE RECREATIONAL DEVELOPMENT OR FACILITY. Any land area and/or facilities used or intended for recreational purposes not open to the general public and operated with or without remuneration charges. PRIVATE SCHOOL. Private pre-primary, primary, grade, high or preparatory school or academy. PRIVATE STREET. A street which is not dedicated to or maintained by any • public agency. PROFESSIONAL OFFICE. An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician and surgeon. PUBLIC FACILITY IMPROVEMENTS AND INSTALLATIONS. Those facilities and installations which are intended to be accepted for maintenance by a governmental authority or public utility. PUBLIC OR COMMERCIAL SEWAGE OR GARBAGE DISPOSAL PLANT. A facility either publicly or privately owned and operated providing treatment for sewage and/or garbage disposal. PUBLIC UTILITY. A business or service, having an appropriate franchise from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need such as electricity, gas, water, transportation or communications. RAILROAD. All facilities owned and/or operated by a railroad, except switching 19 ZONING ORDINANCE facilities. RECEIVER A television set, radio, communication device or data input device that utilizes the signals from the earth station. RECREATIONAL VEHICLE. A portable structure, self-propelled or towable by another vehicle, of such size and weight as not to require special highway movement permits which is primarily designed, constructed or modified to provide for temporary living quarters or for recreational, camping or travel use and not used for commercial purposes or for profit. The basic entities are travel trailer, camping trailer, truck camper, motor home, boat and boat trailer. REGULATORY FLOOD. A flood with an average frequency of occurrence on the order of once in one hundred (100) years. REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a river or stream showing the maximum water surface attained by the regulatory flood. RESEARCH LABORATORY STRUCTURE. A building for the accommodation of scientific research facilities such as electronic, engineering, chemical, medical and similar laboratories and planned and placed on its site in accordance with harmonious principles of architectural and landscape architectural design. RESERVE PARKING AREA. Parking areas provided by the developer as additional yard space which need not be paved or used as parking until needed by the related use. RESIDENTIAL DISTRICT. The S-1, S-2, R-1, R-2, R-3, R-4 and R-5 zoning district classifications. RESULTANT DISPLACEMENT. The maximum amount of motion in any direction. It shall be determined by means of any three component (simultaneous) measuring systems approved by the Commission. RIDING STABLE. Any stable for the housing of horses which is operated for remuneration, hire, sale, or stabling; or, any stable with a capacity of more than four horses which is not related to the ordinary operation of a farm, whether or not such stable is operated for remuneration, hire, sale or stabling. RIGHT-OF-WAY. An area of land permanently dedicated to provide light, air and access. 20 ZONING ORDINANCE RINGELMANN NUMBER. The number of the area on the Ringelmann chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann chart is described in the U. S. Bureau of Mines Information Circular 6888. On it are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no smoke or Ringelmann No. O. ROADSIDE SALE STAND. A temporary structure used for the sale of goods or produce made or grown on the same lot. ROADWAY WIDTH. The paved area of a street measured from back of curb to • back of curb. ROW HOUSE OR TOWN HOUSE. A series of two or more dwelling units, arranged side by side, separated by common walls between living areas, each unit having one or more levels. SANITARY LANDFILL. A solid waste disposal facility which may include an incinerator, grinder, composting facility or other State Environmental Protection Agency approved facility other than an open dump or facility for storage of contained liquid or semi-solid waste or gas, including, but not limited to environmentally harmful chemicals or radioactive materials of any type. SCHOOL OF GENERAL EDUCATION. Any public, parochial or private school for any grades between first and twelfth that is either accredited by the Indiana Department of Public Instruction or recognized by and in good standing with the Indiana Department of Public Instruction for purposes of compulsory education requirements. SERVANTS QUARTERS. Living quarters within a portion of a main building, or in an accessory building located on the same lot with the main building, used for servants solely employed on the premises with such quarters not being rented or otherwise used as a separate dwelling. SERVICE STATION. Any place of business with pumps and underground storage tanks having as its purpose the retail servicing of motor vehicles with fuels and lubricants, including minor repairs and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or any body repairing or painting. SETBACK. The least measured distance between a structure and the street right-of-way, the side lot line or the rear lot line. 21 ZONING ORDINANCE it SIGN. Any type of sign as further defined and regulated by the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. SLOW BURNING OR INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion, during an exposure for five (5) minutes to a temperature of 1200' F. SMOKE. Small gas-borne particles resulting from incomplete combustion consisting predominantly of carbon and other incombustible material, but excluding metallurgical fume and dust, and present in sufficient quantity to be observable independently of the presence of other solids. SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation. Each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of smoke units observed during the entire observation period. SOIL MAP. A National Cooperative Soil Survey prepared by U.S.D.A. Soil Conservation Service in cooperation with Purdue Experiment Station and the Hamilton County Soil.and Water Conservation District, showing soil types and composition of their locations. SOLID VISUAL BUFFER OR SCREEN. May include, but not be limited to a minimum five (5) foot high solid evergreen hedge; stone, brick or wood fence; earth mounding or other suitable material or any combination a minimum of five (5) feet in height. If a chain link fence (with or without screen slats) is used, a minimum of five (5) foot high solid evergreen hedge shall be provided on the residential or commercial side of the fence. SOLID WASTE. All putresible waste in a form other than a liquid, semi-solid or gaseous form, whether contained in any form or object, and which is not hazardous waste as defined in I.C. 13-7-1-2 nor waste which contains any biological, chemical, bacteriological, - radioactive or any other contaminant which may be harmful or injurious to the public,health, safety or welfare of the domestic, commercial, industrial, agricultural, recreational or conservation concerns of the City of Carmel and/or Clay Township and its citizens. This definition is intended to specifically exclude human bodies and sewage. SORORITY;FRATERNITY, OR STUDENT COOPERATIVE. A building ' providing sleeping and living accommodations for a number of usually unrelated persons 22 LONING ORDINANCE and usually associated with an educational institution. SPECIAL EXCEPTION. Permission for a conditional use of land which is granted because certain conditions will be met. The ordinance specifies what these uses may be. (See Section 21.0). STADIUM OR COLISEUM. An amphitheater, large theater or other such facility used for public meetings, sports, exhibitions, etc. STORAGE. The existence of any stock, vehicles, equipment or materials enclosed or unenclosed for a period of more than seventy-two (72) hours and not for retail or wholesale display or sale. STORAGE WAREHOUSE. An enclosed structure used as a place for storage of goods and property. STORY. That part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STREET. A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. STRUCTURE. Anything constructed or installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure which is located on land which can be used for housing, business, commercial, agricultural or office purposes, either temporarily or permanently. Structure also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising signs, whether located on a rock, tree, separate structure or part of another structure. STRUCTURAL ALTERATION. Any change in the supporting members of a building such as bearing walls, partitions, columns, beams, girders, or any substantial change in the exterior walls or the roof. SUBDIVISION. The division of any parcel of land (recorded after January 21, 1980) into three (3) or more parcels, sites or lots, when more than two of the lots are less than five (5) acres in area, for the purpose of transfer of ownership, or building. development, excluding cemeteries. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of 23 ZONING ORDINANCE public sewer, water, storm drainage, or other public utilities and facilities. SUBDIVISION PLAT. (See "Plat.") TEMPORARY CONSTRUCTION FACILITY. Temporary buildings or structures incidental to construction operations used during construction development. THREE COMPONENT MEASURING SYSTEM. Instrumentation which can measure earthbome vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane. TOURIST HOME. A building in which one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or, a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts. TURNAROUND. A space on private property that permits the turning around of any passenger vehicle without the necessity of using any public right-of-way to turn around. TYPE OF OWNERSHIP. Refers to methods of ownership of any type of dwelling unit, or premises, including individual, corporate, cooperative or condominium form of ownership or rental. TYPE OF STRUCTURE. Refers to the physical arrangement of dwelling units such as a detached single-family dwelling, cluster single-family dwelling, duplex or two-family dwelling, row house or multiple-family dwelling. USE. The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. VARIANCE. A modification of the specific requirements of this ordinance granted by the Board in accordance with the terms of this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district. VETERINARY HOSPITAL. A facility for the practice of veterinary medicine with or without provisions for the boarding of animals. 24 ZONING ORDINANCE VIBRATION. Oscillatory motion transmitted through the ground. VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavement, and the triangular space is determined by a diagonal line connecting two points measured fifteen (15) feet equidistant from the lot corner along each property line at intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any other types of streets. YARD. A space on the same lot with a principal building which is open, unoccupied and unobstructed by structures, except as otherwise provided in this ordinance, which is a maintained green area composed of grass and/or live plant materials. YARD, FRONT. A yard extending across the full width of the lot between the building line and the front line which is unoccupied other than by steps, walks, terraces, - driveways, lamp posts and similar structures, the depth of which is the least distance between the front line and the building line. The side(s) of a lot- which is (are) adjacent to a street right-of-way. • YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line which is unoccupied other than by accessory buildings, steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building. YARD, SIDE. A yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard between the principal building and the side lot line. The width of the required side yard is measured horizontally, at 90' with the side lot line, from the nearest part of the principal building. ZERO LOT LINE. The placement of a dwelling unit on an individual lot in which one or more of the walls of the dwelling unit are at one or more of the lot lines. 4.0 DISTRICTS AND BOUNDARIES 4.1 Zoning Districts Established The City of Carmel and its jurisdictional area is hereby divided into the following districts: Primary Zoning Districts S-1 Residence District 25 ZONING ORDINANCE S-2 Residence District R-1 Residence District R-2 Residence District R-3 Residence District R-4 Residence District R-5 Residence District (Planned District) B-1 Business District B-2 Business District B-3 Business District B-4 Business District • B-5 Business District (Planned District) B-6 Business District B-7 Business District B-8 Business District I-1 Industrial District M-1 Manufacturing District M-2 Manufacturing District M-3 Manufacturing District (Planned District) Secondary Zoning Districts FP Flood Plain District FW Floodway District FF Floodway Fringe District State Highway 431 Overlay Zone U.S. Highway 31 Overlay Zone U.S. Highway 421 - Michigan Road Corridor Overlay Zone 4.2 Official Zoning Map Territory within the jurisdiction of the Plan Commission of the city of Carmel, Indiana, is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor and the Clerk-Treasurer under the words "Official Zoning Map," together with the date of the adoption of this Ordinance. Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map shall be located in the office of the Clerk-Treasurer and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures within the jurisdiction of the 26 LOVING ORDINANCE Carmel/Clay Plan Commission. 4.3 Official Zoning Map Changes If, in accordance with the provisions of this Ordinance and I.C. 36-7-4, as amended, changes are made by the City Council in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered by the Director on the Official Zoning Map within 90 days after the amendment has been approved by the City Council. No change of any nature shall be made in the Official Zoning Map, or matter shown thereon, except in conformity with the amendment procedures set forth in this Ordinance. 4.4 Official Zoning Map Replacement In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. 4.5 Annexed or Vacated Areas Territory which may hereafter be annexed to the City shall remain as zoned unless changed by amendment to this Ordinance. Whenever any street, alley, public way, railroad right-of-way, waterway or any other similar area is vacated by proper authority, the districts adjoining each side of such area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area. 4.6 Interpretation of the Zoning Map Where uncertainty exists as to the exact boundaries of any district as shown on the Official Zoning Map, the following rules shall apply: (1) In subdivided areas, or where a district boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the Official Zoning Map. 27 ZONING ORDINANCE (2) In the case of further uncertainty, the Board shall interpret the intent of the Official Zoning Map as to the location of the boundary in question. The Official. Zoning Map, which accompanies and is hereby declared to be a part of this Ordinance, shows the boundaries of and the area covered by the district. Notations, references, indications and other matters shown on the Official Zoning Map are as much a part of this Ordinance as if they were fully described herein. In determining the boundaries of districts and establishing the regulations applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the city and its jurisdiction. 28 ZONING ORDINANCE 5.0 S-1 RESIDENCE DISTRICT 5.0.1 Purpose and Intent. The purpose of this district is to provide for continued rural-agricultural activities and to introduce single-family residential uses with large lots in keeping with the rural character of this district. Inasmuch as this district is characterized by poorly drained soils and a general lack of community utilities, it is an intention to protect the environment within this district b y placing an emphasis. on less intensive urban land uses. 5.1 Permitted Uses: Home occupation Kennel, residential Single-family dwelling 5.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond (not part of a plat) Cemetery Church, temple or other place of worship Clinic or medical health center College or University Commercial greenhouse Commercial sewage or garbage disposal plant Country club " Day nursery Golf course Hospital Kennel, commercial Kindergarten Mineral extraction, borrow pit, top soil removal and their storage. Plant nursery Power transmission line, in excess of 129 KVA Private airplane or helicopter landing and/or service facility Private recreational development or facility Private water treatment and/or storage facilities Radio or television transmission tower Raising and breeding of non-farm fowl and animals (not a kennel) Riding stable School of general elementary or secondary education (accredited by the State) 29 ZONING ORDINANCE 5.2.1 Minimum Area Requirements: Use Minimum Area (Acres) Cemetery 30 Commercial greenhouse 10 Day nursery 1 Kindergarten 1 Plant nursery 10 5.2.2 Other Requirements: Use Other Requirements Mineral extraction, Minimum buffer of 300 ft. borrow pit, top soil with any residential removal and their district storage 5.3 Accessory.Building and Uses (See Section 25.0 for additional regulations.) 5.3.1 Accessory uses and structures are permitted under the following conditions: (1) They do not alter or change the character of the premises; (2) They are on the same lot as the principal structure to which they are accessory; (3) They are not attached to the principal structure, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; (4) They are not erected prior to the erection of the principal building; (5) They do not exceed eighteen (18) feet in height; (6) When detached from the principal building, they are set back seventy-five (75) feet or more from the front lot line; (7) They are located in a side or rear yard but may not occupy more than 30 percent of the side or rear yard; 30. ZCNING ORDINANCE (8) When closer than ten (10) feet to a main building, they shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building; and (9) When more than ten (10) feet from a main building, they may be erected within five (5) feet, or easement plus three (3) feet, of a side or rear lot line, but not within any easement. 5.3.2 A private swimming pool may be permitted as an accessory use, but shall be located only within the side or rear yard.. No swimming pool or its deck shall be closer than ten (10) feet to the property line. For purposes for safety, the following shall apply: (1) walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self-closing and latching gates and doors, both capable of being locked; (2) other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and (3) a combination of subdivisions (1) through (2) that completely suurounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked; and (4) in conjunction with (1), (2), or (3) a safety pool cover may be used provided that: A. there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; B. it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; C. it is capable of supporting a four hundred pound imposed load upon a completely drawn cover; D. it is installed with a track, rollers, rasils or guides; and E. bears an identification tag indicating the name of the 31 ZONING ORDINANCE • manufacturer, name of the installer, installation date, and applicable safety standards, if any. AMENDED BY Z-261 & Z-272. 5.3.3 Tennis courts may be permitted as an accessory use but shall be located only within a side or rear yard. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet if such fences only enclose a regulation court area and standard apron areas. Lighting of the court area shall not create more than five foot candles of light 25 feet from the perimeter of the court. 5.3.4 Quarters for bonafide servants employed by the occupants of the dwelling are permitted. 5.3.5 One guest house with cooking facilities may be permitted as an accessory building on lots containing not less than one (1) acre. 5.3.6 Accessory lighting is permitted; however, no lighting shall cause illumination at or beyond any lot line in excess of 0.1 foot-candles of light. 5.3.7 Private radio and television reception and transmitting towers and antennae are permitted subject to applicable local, state and federal regulations. No structure shall be located or permitted within ten (10) feet of a power transmission line. 5.3.8 Accessory uses such as public utility installations, private walks, driveways, retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any required front, side or rear yard. 5.4 Height and Area Requirements (See Section 26.0 for additional regulations.) 5.4.1 Maximum height: 25 feet. 5.4.2 Minimum front yard: 40 feet. 5.4.3 Minimum side yard: single-family dwelling - 10 feet; all other uses - 20 feet. 5.4.4 Minimum aggregate of side yard: single-family dwelling - 30 feet; all other uses - 50 feet. 5.4.5 Minimum rear yard: single-family dwelling - 20 feet; all other uses - 15 feet. 5.4.6 Minimum lot width: single-family dwelling - 120 feet; all other uses - 200 32 ZONING ORDINANCE feet. 5.4.7 Minimum lot size: All lots shall contain a minimum of 15,000 square feet when serviced by a community water system and a community sanitary sewer system. 20,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot, and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground waste problems. 5.4.8 Minimum ground floor area: one-story dwelling - 1,000 square feet; two-story dwelling and all other uses - 800 square feet. 5.4.9 Maximum lot coverage: 35 percent of lot. 33 ZONING ORDINANCE • 6.0 S-2 RESIDENCE DISTRICT 6.0.1 Purpose and Intent. The purpose of this district is to provide for low density single-family residential development in areas facing conversion from a rural-agricultural nature to a residential nature. The intent is to protect and conserve existing and future residential development, particularly in areas without community utilities. 6.1 Permitted Uses: Any Use Permitted in the S-1 District (Section 5.1). 6.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the S-1 District (Section 5.2) (except Commercial Kennel, Commercial Sewage or garbage disposal plant, Private airplane or helicopter landing and/or service facility and raising and breeding of non-farm fowl and animals). 6.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1. 6.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. 6.3 Accessory Buildings and Uses (See Section 25.0 for additional regulations.) Same as S-1 District regulations of Section 5.3. 6.4 Height and Area Requirements (See Section 26.0 for additional regulations.) 6.4.1 Maximum height: 25 feet. 6.4.2 Minimum front yard: 35 feet. 6.4.3 Minimum side yards: single-family dwelling - 10 feet; all other uses - 20 feet. 6.4.4 Minimum aggregate of side yard: single-family dwelling - 25 feet; all other uses - 40 feet. 6.4.5 Minimum rear yard: single-family dwelling - 20 feet; all other uses 15 feet. 34 • ZONING ORDINANCE 6.4.6 Minimum lot width: single-family dwelling - 100 feet; all other uses - 200 feet. 6.4.7 Minimum lot size: All lots shall contain a minimum of 12,000 square feet when serviced by a community water system and a community sanitary sewer system. 23,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 6.4.8 Minimum ground floor area: one-story dwelling - 1,100 square feet; • two-story dwelling and all other uses - 800 square feet. 6.4.9 Maximum lot coverage: 35 percent of lot. • • 35 ZONING ORDINANCE 7.0 R-1 RESIDENCE DISTRICT 7.0.1 Purpose and Intent: The purpose of this district is to provide for low to medium density single-family residential development on wide frontage lots in urbanized or urbanizing areas. The intent is to protect and conserve existing and future residential development, particularly in areas without community utilities. 7.1 Permitted Uses: Any Use Permitted in the S-2 District (Section 6.1). 7.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the S-2 District (Section 6.2) (except College or University, Commercial greenhouse, Plant nursery, Radio or television transmission tower and Riding Stable). 7.2.1 Minimum.Area Requirements: Same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 7.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. 7.3 Accessory Buildings and Uses; (See Section 25.0 for additional regulations.) Same as S-1 District regulations of Section 5.3. 7.4 Height and Area Requirements (See Section 26.0 for additional regulations.) 7.4.1 Maximum height: 25 feet. 7.4.2 Minimum front yard: 35 feet. 7.4.3 Minimum side yard: 10 feet. 7.4.4 Minimum aggregate of side yard: 20 feet. 7.4.5 Minimum rear yard: single-family dwelling - 20 feet; all other uses - 15 feet. 7.4.6 Minimum lot width: 100 feet. 7.4.7 Minimum lot size: All lots shall contain a minimum of 10,000 square feet 36 ZONING ORDINANCE when serviced by a community water system and a community sanitary sewer system. 25,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000.square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 7.4.8 Minimum ground floor area: one-story dwelling -1,100 square feet; two-story dwelling and all other uses - 900 square feet. 7.4.9 Maximum lot coverage: 35 percent of lot. • 37 ZONING ORDINANCE 8.0 R-2 RESIDENCE DISTRICT 8.0.1 Purpose and Intent. The purpose of this district is to provide for low to medium density single-family residential development on narrower lots in urbanized or urbanizing areas. The intent is to protect and conserve existing and future residential development, particularly in areas without community utilities. 8.1 Permitted Uses: Any Use Permitted in the R-1 District (Section 7.1). 8.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the R-1 District (Section 7.2). 8.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 8.2.2 Other Requirements: Same as S-1 District regulations of Section 5,2.2. 8.3 Accessory Buildings and Uses (See Section 25.0 for additional regulations.) Same as S-1 District regulation of Section 5.3. 8.4 Height and Area Requirements (See Section 26.0 for additional regulations.) 8.4.1 Maximum height: 25.feet. 8.4.2 Minimum front yard: 35 feet. 8.4.3 Minimum side yard: 5 feet. 8.4.4 Minimum a•gregate of side yard: 15 feet. 8.4.5 Minimum rear yard: single-family dwelling - 20 feet; all other uses - 15 feet. 8.4.6 Minimum lot width: 80 feet. 8.4.7 Minimum lot size: All lots shall contain a minimum of 10,000 square feet 38 ZONING ORDINANCE when serviced by a community water system and a community sanitary sewer system. 25,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water'and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 8.4.8 Minimum ground floor area: one-story dwelling - 1,100 square feet; two-story dwelling and all other uses - 900 square feet. 8.4.9 Maximum lot coverage: 35 percent of lot. 39 ZONING ORDINANCE 9.0 R-3 RESIDENCE DISTRICT 9.0.1 Purpose and Intent. The purpose of this district is to provide for medium density single- and two-family development on smaller lots in urbanized areas. The intent is to protect and conserve existing and future residential development, particularly in areas without community utilities. 9.1 Permitted Uses: Any Use Permitted in the R-2 District (Section 8.2). Two-family dwelling 9.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the R-2 District (Section 8.2). Boarding or lodging house Nursing, retirement or convalescent facility 9.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 9.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. 9.3 Accessory Buildings and Uses (See Section 25.0 for additional regulations.) Same as S-1 District regulations of Section 5.3. 9.4 Height and Area Requirements (See Section 26.0 for additional regulations.) 9.4.1 Maximum height: 25 feet. 9.4.2 Minimum front yard: 30 feet. 9.4.3 Minimum side yard: 5 feet. 9.4.4 Minimum aggregate of side yard: 15 feet. 9.4.5 Minimum rear yard: all residential uses - 20 feet; all other uses - 15 feet. 40 ZONING ORDINANCE 9.4.6 Minimum lot width: 60 feet. 9.4.7 Minimum lot size: All lots shall contain-a minimum of 8,000 square feet when serviced by a community water system and a community sanitary sewer system. 27,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 9.4.8 Minimum ground floor area: single-family dwelling - 800 square feet; two-family dwelling - 700 square feet per dwelling unit; all other uses - 800.square feet. 9.4.9 Maximum lot coverage: 35 percent of lot. 41 ZONING ORDNANCE 10.0 R-4 RESIDENCE DISTRICT 10.0.1 Purpose and Intent. The purpose of this district is to provide for high density single-, two- and multiple-family development on small lots in distinctly urbanized areas. The intent is to protect and conserve existing residential development, particularly in locations featuring marginally standard housing and facing potential change from original uses. 10.0.2 Minimum Tract Requirements. No parcel of ground, platted or unplatted, located within the R-4 Residence District shall be permitted to be developed or redeveloped unless served by a community water system and a community sanitary sewer system. 10.1 Permitted Uses: Any use permitted in the R-3 District (Section 9.2). 10.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any special use permitted in the R-3 District (Section 9.2). Mobile home court Multiple-family dwelling 10.2.1 Minimum Area Requirements: Use Minimum Area (Acres) Mobile home court 5 Also, same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 10.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. 10.3 Accessory Buildings and Uses (See Section 25.0 for additional regulations.) Same as S-1 District regulations of Section 5.3. 10.3.2 A private swimming pool may be permitted as an accessory use, but shall be located 42 CONING ORDINANCE only within the side or rear.yard.. No swimming pool or its deck shall be closer than ten Y Y gP (10) feet to the property line. For purposes for safety, the following shall apply: (1) walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self-closing and latching gates and doors, both capable of being locked; (2) other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and (3) a combination of subdivisions (1) through (2) that completely suurounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked; and (4) in conjunction with (1), (2), or (3) a safety pool cover may be used provided that: • A. there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; B. it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; C. it is capable of supporting a four hundred pound imposed load upon a completely drawn cover; D. it is installed with a track, rollers, rasils or guides; and E. bears an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any. AMENDED BY Z-261 & Z-272. 10.4 Height and Area Requirements (See Section 26.0 for additional regulations.) 10.4.1 Maximum height: 35 feet. 10.4.2 Minimum front yard: 25 feet. 10.4.3 Minimum side yard: 5 feet. 43 ZONING ORDINANCE 10.4.4 Minimum aggregate of side yard: 10 feet. 10.4.5 Minimum rear yard: all residential uses - 20 feet; all other uses - 15 feet. 10.4.6 Minimum lot width: 50 feet. 10.4.7 Minimum lot size: two- and multiple-family dwelling - 3,500 square feet per dwelling unit; single-family dwelling and all other uses - 6,500 square feet. 10.4.8 Minimum ground floor area: single-family dwelling'- 700 square feet; two-family dwelling 600 square feet; all other uses - 700 square feet, except multiple-family dwelling - 600 square feet per dwelling unit. 10.4.9 Maximum lot coverage: single- and two-family dwellings - 35 percent of lot; multiple-family dwellings and all other uses - 40 percent of lot. • 44 ZONING ORDINANCE 11.0 R-5 RESIDENCE DISTRICT (PLANNED DISTRICT) 11.0.1 Purpose and Intent. The purpose of this district is to provide for the encouragement of large scale, diverse residential developments of good design with maximum living amenities. Mixed residential structures, their supporting accessory buildings and uses and limited commercial uses are allowed with maximum layout flexibility permitted. Densities are variable within the district in order to assure versatility of development. Application to the Plan Commission is required for Preliminary Development Plan approval and Final Development Plan approval. 11.0.2 Minimum Tract Requirements. A tract of land proposed for an R-5 Residence District shall include a minimum gross area of 10 acres, including the area within the existing improved streets and alleys. No tract shall have an • unusually narrow or elongated shape. The shape of the tract shall be adaptable for logical development. The district shall be established in areas where all utilities (public water supply, sanitary sewers and storm sewers) are available or are to be provided to the entire development. Commercial uses shall be permitted as a special use only where the gross area of the tract is 30 acres or more. The commercial use portion shall not exceed 15 percent of the tract. All streets and roads located in the R-5 District, whether dedicated or undedicated, shall be built according to existing City of Carmel standards, including provision of appropriate right-of-way for undedicated streets and roads. 11.1 Permitted Uses: Any Use Permitted in the R-4 District (Section 10.2). Multiple-family dwelling Recreational uses, related to residential character of district 11.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond (not part of a plat) Commercial uses (retail and office) Church, temple or other place of worship Mineral extraction, borrow pit, top soil removal and their storage Power transmission line, in excess of 129 KVA Private water treatment and/or storage facilities 11.2.1 Minimum Area Requirements: None. 11.2.2 Other Requirements: 45 ZONING ORDINANCE Use Other Requirements Commercial uses Total gross area shall (retail and office) not exceed 15 percent of the R-5 District tract, which shall have a minimum gross area of 30 acres. Also, same as S-1 District regulations of Section 5,2.2. • 11.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 11.4. Height, Yard and Density Requirements (See Section 26.0 for additional requirements.) 11.4.1 Maximum height: Single- and two-family dwelling - 35 feet; multiple-family dwelling and all other uses - 45 feet. 11.4.2 Minimum yards: On all outside boundaries of an R-5 District tract adjoining the cited districts, the minimum yards shall be as follows: . S-1 and S-2 R-1 and R-2 All other districts Front 100' .75' 60' Side 75' 75' 50' Rear 75' 75' 50' The required minimum yard shall be used as a greenbelt or lawn area with no principal buildings or uses, accessory buildings or uses and so forth permitted therein. The exceptions which may be located in the required yard include streets or driveways necessary to provide access, sidewalks, landscaping and other decorative items, fencing and other protective items and signage as permitted by the Carmel Sign Ordinance. There shall be no minimum yard requirements within the R-5 District tract. 11.4.3 Dwelling unit density. There shall be a maximum density of 15 dwelling units per gross acre in any portion of an R-5 District tract not used for commercial purposes. 46 ZONING ORDINANCE 11.5 Application Procedure Procedures and requirements for Planned District approval are set forth in Section 24.0. 47 ZONING ORDINANCE 12.0 B-1 BUSINESS DISTRICT 12.0.1 Purpose and Intent. The purpose of this district is to provide primarily for light commercial and office uses to be developed as a unit or on individual parcels. The intent is to provide an area where lighter businesses may locate, protected from encroachment of other uses, with minimal requirements. 12.1 Permitted Uses: Any use permitted in the B-4 District (Section 15.1). Automobile or mobile home sales Automobile or truck repair (enclosed) Boat sales Business or commercial school Carnivals, fairs, circuses, etc. Clinic or medical health center Drive-in restaurant (curb or window service) Farm implement sales Hospital Kennel, commercial Lumber or building materials sales (enclosed) Machinery and equipment sales and service (enclosed) Monument sales Mortuary and/or crematory Nursing, retirement or convalescent facility Pawnshop Plumbing supply shop Private club or lodge Recreational vehicle sales Religious or charitable institution Rental agency Research laboratory Roadside sales stand Second hand store Taxidermist Tennis or racquetball facility Veterinary hospital, with kennel Veterinary hospital, without kennel 12.1.1 Minimum Area Requirements: None. 12.1.2 Other Requirements: 48 ZONING ORDINANCE Use Other Requirements Carnivals, fairs, Temporary, not to exceed circuses, etc. 15 days Roadside sales stand Permit issued for a temporary use - six (6) months per year maximum Also, same as B-4 District regulations of Section 15.1.2. 12.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the B-2 District (Section 13.2) (except Junk and/or salvage yard, Outdoor theater, Penal or correctional institution, Commercial sanitary landfill or refuse dump, Commercial sewage or garbage disposal plant and Race track). Commercial warehouse storage Contractor's storage facility Enclosed storage warehouse Exterminating shop Feed store Food products distributing station Fuel or ice sales Grain elevator Kindergarten Laundry or dry cleaning plant Lumber or building materials storage (unenclosed) Newspaper publishing or printing plant Plant nursery Radio or television transmission tower Sheet metal shop Sign shop Specialized contractor shop Wholesale establishment 12.2.1 Minimum Area Requirements: Use Minimum Area (Acres) Day Nursery 1 Kindergarten 1 Plant nursery 10 Also, same as B-2 District regulations of Section 13.2.1 (except Junk or 49 ZONING ORDNANCE material and/or salvage yard, Outdoor theater, Commercial sanitary landfill or refuse dump and Race track). 12.2.2 Other Requirements: Same as B-2 District regulations of Section 13.2.2. 12.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 12.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 12.4.1 Maximum height: 45 feet. 12.4.2 Minimum front yard: 15 feet. 12.4.3 Minimum side yard: residential uses - 5 feet; any business use located in a block or parcel which includes a residential use or district, located in a block or parcel which adjoins a residential use or district or located on a corner lot - 5 feet; any business use which does not meet the above qualifications- none. 12.4.4 Minimum aggregate of side yard: any use that requires a minimum side yard of 5 feet (12.4.3 above) - 10 feet; all other uses - none. 12.4.5 Minimum rear yard: residential uses - 20 feet; all other uses- 15 feet. 12.4.6 Minimum lot width: 50 feet. 12.4.7 Minimum lot size: all lots shall contain a minimum of 7,000 square feet per dwelling unit and for all business uses when serviced by a community water system and a community sanitary sewer system. 28,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased paid elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 12.4.8 Minimum ground floor area: single-family dwelling - 700 square feet; two-family dwelling and multiple-family dwelling - 600 square feet per dwelling unit; and all other uses - 900 square feet. 50 ZONING ORDINANCE 12.4.9 Maximum lot coverage: single and two-family dwelling - 35 percent of lot; multiple-family dwelling - 40 percent of lot; all other uses - 90 percent of lot. 12.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 12.5.1 All business uses, except office buildings: (1) 3,000 - 15,000 square feet gross floor area: 1 berth. (2) 15,001 - 40,000 square feet gross floor area: 2 berths. (3) Each 25,000 additional square feet: 1 additional berth. 12.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,001 - 300,000 square feet gross floor area: 2 berths. *(3) Each 200,000 additional square feet: 1 additional berth. 51 ZONING ORDINANCE 13.0 B-2 BUSINESS DISTRICT 13.0.1 Purpose and Intent. The purpose of this district is to provide primarily for heavy commercial and office uses to be developed as a unit or on individual parcels. The intent is to provide an area where heavy businesses my locate with minimal requirements. 13.1 Permitted Uses: Any use permitted in the B-1 District (Section 12.1). Art and music center Commercial warehouse storage Contractors storage facility Day nursery Enclosed storage warehouse Exterminating Feed store Food products distributing station Fuel or ice sales Grain elevator Job printing shop Kindergarten Laundry or dry cleaning plant Lumber or building materials storage (unenclosed) Machine shop Newspaper publishing or printing plant Plant nursery Radio or television transmission tower Sheet metal shop Sign shop Specialized contractor shop Welding shop Wholesale establishment 13.1.1 Minimum Area Requirements: Use Minimum Area (Acres) Day nursery 1 Kindergarten 1 Plant nursery 10 52 ZONING ORDNANCE.: 13.1.2 Other Requirements: Same as B-1 District regulations of Section 12.1.2. 13.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond (not a part of a plat) Boarding or lodging house Cemetery Church, temple or other place of worship College or University Commercial recreational enterprise or facility Fraternity or sorority Hotel, motel Junk or material and/or salvage yard Mineral extraction, borrow pit, top soil removal and their storage Mobile home, temporary uses (one year maximum) Outdoor theater Penal or correctional institution Private recreational development or facility Commercial sanitary landfill or refuse dump 13.2.1 Minimum Area Requirements: Use Minimum Area (Acres) Cemetery . 30 Junk or material and/or salvage yard 10 Outdoor theater .5 Commercial sanitary landfill or refuse dump 40 Race track 40 Raising and breeding of non-farm fowl and animals 5 Stadium or coliseum 5 13.2.2 Other Requirements: Use Other Requirements Mineral extraction, Minimum buffer of borrow pit, top soil 300 ft. with any removal and their storage residential district 53 ZONING ORDINANCE 13.3 Accessory Building and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 13.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 13.4.1 Maximum height: 60 feet. 13.4.2 Minimum front yard: residential uses - 15 feet; all others - none. 13.4.3 Minimum side yard: residential uses - 5 feet; any business use located in a block or parcel which includes or adjoins a residential district or use or which is located on a corner - 5 feet; any business use which does not meet the above qualifications - none. 13.4.4 Minimum aggregate of side yard: any use that requires a minimum side yard of 5 feet (13.4.3 above) - 10 feet; all other uses - none. 13.4.5 Minimum rear yard: residential uses - 20 feet; all other uses - 15 feet. 13.4.6 Minimum lot width: 50 feet. 13.4.7 Minimum lot size: all lots shall contain a minimum of 7,000 square feet per dwelling unit and for all business uses when serviced by a community water supply system and a community sanitary sewer system. 28,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate on-premises drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 13.4.8 Minimum ground floor area; single-family dwelling - 700 square feet; two-family dwelling and multiple-family dwelling - 600 square feet per dwelling unit; all other uses = 900 square feet. 13.4.9 Maximum lot coverage: single and two-family dwelling - 35 percent of lot;, multiple-family dwelling - 40 percent of lot; all other uses - 90 percent of lot. 54 ZONING ORDINANCE 13.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 13.5.1 All business uses, except office buildings: (1) 3,000 - 15,000 square feet gross floor area: 1 berth. (2) 15,001 - 40,000 square feet gross floor area: 2 berths. (3) Each 25 000 additional square feet: ( ) q 1 additional berth. 13.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,001 - 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. 55 ZONING ORDINANCE 14.0 B-3 BUSINESS DISTRICT 14.0.1 Purpose and Intent. The purpose of this district is to provide for a wide rP P rP P variety. of commercial and office uses in transitional locations throughout the community. The intent is to establish somewhat more stringent requirements in order to better regulate businesses locating in primarily newly developing areas. 14.1 Permitted Uses: None 14.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Use Permitted in the B-2 District (Section 13.1) (except Commercial warehouse storage, Contractors storage facility, Exterminating shop, Feed store, Food products distributing station, Grain elevator, Home occupation, Jewelry store, Machine shop, Power transmission line, Sheet metal shop, Sign shop, Specialized contractor shop and Welding shop). Any Special Use Permitted in the B-2 District (Section 13.2) (except Junk or material and/or salvage yard, Outdoor theater, Penal or correctional institution, Commercial sanitary landfill or refuse dump, Commercial sewage or garbage disposal plant, Race track and Raising and breeding of non-farm fowl and animals). Country club Golf course Multiple-family dwelling Single-family dwelling Two-family dwelling 14.2.1 Minimum Area Requirements: Same as B-2 District regulations of Section 13.1.1 and same as B-2 District regulations of Section 13.2.1 (except Junk or material and/or salvage yard, Outdoor theater, Commercial sanitary landfill or Refuse dump and race track). 14.2.2 Other Requirements: Same as B-2 District regulations of Section 13.1.2 and same as B-2 District regulations of Section 13.2.2. 14.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 14.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 56 ZONING ORDINANCE 14.4.1 Maximum height: 35 feet. 14.4.2 Minimum front yard: residential uses - 30 feet; all other uses - 60 feet. 14.4.3 Minimum side yard: residential uses - 10 feet; any business use located in a block or parcel which includes or adjoins a residential district or use or which is located on a corner lot - 30 feet; any business use which does not meet the above qualifications - none. • 14.4.4 Minimum aggregate of side yard: residential uses - 20 feet; any business use that requires a minimum side yard of 30 feet (14.3.3 above) - 30 feet; all other uses - none. 14.4.5 Minimum rear yard: residential uses - 20 feet; any business use located in a block or parcel which includes or adjoins a residential district or use - 30 feet; all other business uses - 15 feet. 14.4.6 Minimum lot width: single-family dwelling - 80 feet; all other uses - 100 feet. 14.4.7 Minimum lot size: all lots shall contain a minimum of 10,000 square feet per single or two-family dwelling and for all business uses when serviced by a - community water system and a community sanitary sewer system. A lot for a multiple-family dwelling shall contain 5,000 square feet per dwelling unit when serviced by a community water system and a community sewer system. 25,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 14.4.8 Minimum ground floor area: single-family dwelling - 1,000 square feet; two and multiple-family dwelling - 800 square feet; all other uses - 900 square feet. 14.4.9 Maximum lot coverage: single and two-family dwelling - 35 percent of lot; multiple-family dwelling - 40 percent of lot; all other uses - 80 percent of lot. 14.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 57 ZONING ORDINANCE 14.5.1 All business uses, except office buildings: (1) 3,000 - 15,000 square feet gross floor area: ( ) q 1 berth. (2) 15,001 - 40,000 square feet gross floor area: 2 berths. (3) Each 25,000 additional square feet: 1 additional berth. 14.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,001 - 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. • 14.6 Landscaping Requirements Where a lot or parcel of ground used for business purposes,in the B-3 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of 30 feet shall be provided along the abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at the time of construction of, or conversion to, a business activity and shall be maintained in.order to provide effective screening at all times during the year. The shrubbery may be planted informally or in rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting or adjoining residential properties. Vision clearance on comer lots and at the intersections of streets and driveways shall be observed. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of side-walks, decorative or protective items, other landscaping items and signage as permitted by the Cannel-Clay Township Sign Ordinance. Multiple-family residential developments within a B-3 District shall also be subject to the protection afforded by the landscaping requirements established herein. 58 LONING ORDINANCE 15.0 B-4 BUSINESS DISTRICT (PLANNED DISTRICT) 15.0.1 Purpose and Intent. The purpose of this district is to provide for a variety of light commercial and office uses to be developed as a unit in a shopping center type environment. The intent is to develop a uniformly designed and coordinated commercial nucleus and auxiliary facilities based upon relatively strict requirements that are necessary to assure the appropriate development of the area. Application to the Plan Commission is required for Preliminary Development Plan approval and Final Development Plan approval. 15.0.2 Minimum Tract Requirements. A tract of land proposed for a B-4 Business District shall include a minimum gross area of 15 acres, including the area within the existing improved streets and alleys. No tract shall have an unusually narrow or elongated shape. Each tract shall be adaptable for logical development. The district shall be established in areas where all utilities (public water supply, sanitary sewers and storm sewers) are available or are to be provided to the entire development. The multiple-family residential use is permitted as a Special Use only where the gross area of the tract is 40 acres or more and the multiple-family residential use shall not exceed 20 percent of the gross area of the B-4 District. All streets and roads located in the B-4 District, whether dedicated or undedicated, shall be built according to existing Carmel standards, including provision of appropriate right-of-way on undedicated streets and roads. 15.1 Permitted Uses: Any Use Permitted in the B-8 District (Section 19.1) (except Health food store). Home occupation Kennel, residential 15.1.1 Minimum Area Requirements: None. 15.1.2 Other Requirements: Same as B-8 District regulations of Section 19.1.2. 15.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond (not part of a plat) Business or commercial school Carnivals, fairs, circuses, etc. Church, temple or other place of worship Clinic or medical health center Commercial recreational enterprise or facility Mineral extraction, borrow pit, top soil removal and • 59 ZONING ORDINANCE their storage Mobile home, temporary uses (one year maximum) Mortuary and/or crematory Multiple-family dwelling Private club or lodge Private recreational development or facility Religious or charitable institution Tennis or racquetball facility Water management and use facilities 15.2.1 Minimum Area Requirements: None. 15.2.2 Other Requirements: Use Other Requirements Carnivals, fairs, Temporary, not to exceed circuses, etc. 15 days Mineral extraction, Minimum buffer of 300 ft. borrow pit, top soil with any residential removal and their district storage 15.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 15.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 15.4.1 Maximum Height: 50 feet. 15.4.2 Minimum Setback: No main or accessory building shall be located within 60 feet of an outside boundary of a B-4 District. There shall be a minimum setback of 25 feet from any publicly dedicated right-of-way within a B-4 District. 15.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 15.5.1 A minimum of one parking space shall be provided per 200 square feet of gross floor area in the B-4 District. 15.5.2 Places of assembly shall have an additional one space per two seats. 60 \iN.i DINANCB 15.5.3 A minimum of one loading berth per 50,000 square feet of gross floor area in the B-4 District shall be provided, with locations to be established by the demands of the businesses located in the district. 15.6 Landscaping Requirements . Where a lot or parcel of ground used for business purposes in the B-4 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of 30 feet shall be provided along the abutting or adjoining boundary line. A planting screen, consisting of suitable shrubbery, shall be planted at the time of construction and shall be maintained in order to provide effective screening at all times during the year. The shrubbery may be planted informally or in rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting and adjoining residential properties. Vision clearance on corner lots and at the intersections of .streets and driveways shall be observed. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or protective items, other landscaping items and signage as permitted by the Carmel-Clay Township Sign Ordinance. Multiple-family residential developments within a B-4 District shall also be subject to the protection afforded by the landscaping requirements established herein. • 15.7 Application Procedure Procedures and requirements for Planned District approval are set forth in Section 24.0. • 61 ZONING ORDINANCE 16.0 B-5 BUSINESS DISTRICT 16.0.1 Purpose and Intent. The purpose of this district is to provide a location for office buildings and general offices protected from encroachment from heavier commercial uses. Inasmuch as this district is frequently found in close proximity to residential areas and/or intermixed with residential areas, it is the intention of this district to allow for a compatible mixture of the two uses with reasonable regulations. 16.1 Permitted Uses: Clinic or medical health center Financial institution General offices Home occupation Insurance office Kennel, residential Office building Post office or postal station Power transmission line Professional office Real estate office Research laboratory Single-family dwelling Travel service bureau Two-family dwelling Utility company business office Veterinary hospital, without kennel 16.1.1 Minimum Area Requirements: None 16.1.2 Other Requirements: None 16.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the B-4 District (Section 15.2) (except Carnivals, fairs, circuses, etc.; Clinic or medical health center; Mobile home, temporary uses; Private club or lodge; and, Tennis or racquetball facility). Boarding or lodging house Cemetery College or University Commercial parking lot 62 ZONING ORDNANCE Country club Fraternity or sorority Golf course Hospital Kindergarten License bureau Motor bus or railroad passenger station Nursing, retirement or convalescent facility Radio and/or television studio Recording studio School of general elementary or secondary education (accredited by the state) 16.2.1 Minimum Area Requirements: Use Minimum Area (Acres) Kindergarten 1 16.2.2 Other Requirements: Same as B-4 District regulations of Section 15.2.2 (except Carnivals, fairs, circuses, etc.) • 16.3 Accessory Buildings and Uses (See Section 25.0. for additional requirements.) 16.3.1 Accessory uses and structures are permitted under the following conditions: (1) do not alter the character of the premises; (2) are on the same lot as the principal structure to which they are accessory; (3) are not attached to the principal structure with the exception of an allowable uniform and continuous roof, supported by customary supports or joists and no other connection or attachment between the structures; (4) not erected prior to the erection of the principal building; (5) when detached from the principal building, set back seventy-five (75) feet or more from the front lot line; (6) located in a side or rear yard but may not occupy more than 30 percent of the side or rear yard; (7) when closer than ten (10) feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building; and (8) when more than ten (10) feet from a main building may be erected within five (5) feet, or easement plus three (3) feet, of a side or rear lot line, but not within any easement or required landscaped or greenbelt area. ry 16.3.2 A private swimming pool may be permitted as an accessory use, but shall be located only within the side or rear yard.. No swimming pool or its deck shall 63 ZONING ORDINANCE be closer than ten (10) feet to the property line. For purposes for safety, the following shall apply: (1) walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self-closing and latching gates and doors, both capable of being locked; (2) other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and • (3) a combination of subdivisions (1) through (2) that completely suurounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked; and (4) in conjunction with (1), (2), or (3) a safety pool cover may be used provided that:. A. there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; B. it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; C. it is capable of supporting a four hundred pound imposed load upon a completely drawn cover; D. it is installed with a track, rollers, rasils or guides; and B. bears an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any. AMENDED BY Z-261 & Z-272. 16.3.3 Tennis courts may be permitted as an accessory use but shall be located only within a side or rear yard. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet if such fences only enclose a regulation court area and standard apron areas. Lighting of the court shall not create more than five foot candles of light 25 feet from the perimeter of the court. 16.3.4 Quarters for bona fide servants employed by the occupants of the dwelling are permitted. 64 ZONING ORDINANCE 16.3.5 One guest house with cooking facilities may be permitted as an accessory building on lots containing not less than one (1) acre. 16.3.6 Accessory lighting is permitted; however, no lighting shall cause illumination at or beyond.any project side or rear lot line in excess of 0.1 foot-candles of light. 16.3.7 Private radio and television reception and transmitting towers and antennae are permitted subject to applicable local, state and federal regulations. No structure shall be located or permitted within ten (10) feet of a power transmission line. 16.3.8 Accessory uses such as public utility installations, private walks, driveways, retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any required front, side or rear yard. 16.3.9 Accessory uses or buildings customarily and purely incidental to office uses are permitted. 16.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 16.4.1 Maximum height: all residential uses - 35 feet; all office uses - 45 feet. 16.4.2 Minimum front Y ard: all residential uses - 20 feet; all office uses - 15 feet. 16.4.3 Minimum side yard: all uses - 5 feet. • 16.4.4 Minimum aggregate of side yard: all uses - 15 feet. 16.4.5 Minimum rear yard: all residential uses - 20 feet; all office uses - 15 feet. 16.4.6 Minimum lot width: single-family dwelling - 80 feet; all other uses - 100 feet. 16.4.7 Minimum lot size: all lots shall contain a minimum of 10,000 square feet. per single dwelling and for all office uses when serviced by a community water system and a community sanitary sewer system. A lot for a multiple-family dwelling shall contain a minimum of 5,000 square feet per dwelling unit when serviced by a community water system and a community sewer system. 25,000 square feet shall be added to the, minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate drainage system, such as through the use of perimeter tile drains, increased pad . . 65 ZONING ORDINANCE elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 16.4.8 Minimum ground floor area: single-family dwelling - 1,000 square feet; two and multiple-family dwelling -.800 square feet per dwelling unit; all office uses - 900 square feet. 16.4.9 Maximum lot coverage: single and two-family dwelling - 35 percent of lot; multiple-family dwelling - 40 percent of lot; all office uses - 75 percent of lot. 16.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 16.5.1 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth (2) 100,001 - 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. 66 ZONING CRDLNANCE 17.0 B-6 BUSINESS DISTRICT 17.0.1 Purpose and Intent. The purpose of this district is to provide a location for light commercial and office uses adjacent to limited access highways. The intent is to permit these uses to develop in an area of high commercial potential utilizing access roads and existing secondary streets and roads and buffering surrounding residential uses. 17.0.2 Minimum Tract Requirements. No parcel of ground located within the B-6 Business District shall be permitted to develop dependent upon a limited access highway for road access. All road access shall come from an existing secondary street specifically constructed for that purpose. No more than 25 percent of the gross acreage contained in the B-6 district shall be developed until the district is served by all utilities (public water supply, sanitary sewers and storm sewers). 17.1 Permitted Uses: Any Use Permitted in the B-5 District (Section 16.1) (except Real estate office). Auto parts and tire center Automobile or mobile home sales Automobile service station Boat sales Bowling alley Business or commercial school College or University Commercial parking lot Delicatessen Farm implement sales Furniture store Hospital Hotel, motel Indoor theater License bureau Lumber or building materials sales (enclosed) Meeting or party hall Mortuary and/or crematory Motor bus or railroad passenger station Nursing, retirement or convalescent facility Radio and/or television studio Recording studio Recreational vehicle sales Restaurant or fast food operation (no outside service) 67 ZONING ORDINANCE Stadium or coliseum Tavern or night club Tennis or racquetball facility 17.1.1 Minimum Area Requirements: Use Minimum Area (Acres) Stadium or coliseum 5 17.1.2 Other Requirements: Use Other Requirements Hospital Must be developed using sanitary sewers Hotel, motel Must be developed using sanitary sewers 17.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Automobile or truck repair (enclosed) Commercial greenhouse Day nursery Drive-in restaurant (curb or window service) Garden shop Grocery store Meat market Newspaper publishing or printing plant Plant nursery Real estate office Rental agency Roadside sales stand • Skating rink Supermarket Veterinary hospital, with kennel 17.2.1 Minimum area requirements: 68 ZONING ORDINANCE Use Minimum Area (Acres Day nursery 1 Plant nursery 10 17.2.2 Other Requirements: Use Other requirements Roadside Permit issued for a temporary sales stand use - six (6) months per year maximum 17.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 17.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 17.4.1 Maximum height: 100 feet. 17.4.2 Minimum front yard: 60 feet. 17.4.3 Minimum side yard: all residential uses - 30 feet; all other uses - 60 feet. 17.4.4 Minimum aggregate of side yard: all residential uses - 60 feet; all other uses - 120 feet. 17.4.5 Minimum rear yard: all residential uses - 30 feet; all other uses - 60 feet. 17.4.6 Minimum lot width: single-family dwelling - 80 feet; all other uses - 100 feet. 17.4.7 Minimum lot size: all lots shall contain a minimum of 10,000 square feet per single or two-family dwelling and for all business uses when serviced by community water system and a community sanitary sewer system. A lot for a multiple-family dwelling shall contain a minimum of 5,000 square feet per dwelling unit when serviced by a community water system and a community sewer system. 25,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be 69 ZONING ORDINANCE deducted from the minimum lot size add-ons for private water and sewer systems if an adequate drainage system, such as through the use of perimeter tile drains, increased pad elevations, and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 17.4.8 Minimum ground floor area: single-family dwelling - 1,000 square feet; two and multiple-family dwelling - 800 square feet per dwelling unit; all other uses - 900 square feet. 17.4.9 Maximum lot coverage: single and two-family dwelling 35 percent of lot; multiple-family dwelling - 40 percent of lot; all other uses - 75 percent of lot. 17.5 Parking and Loading Berth. Requirements (See Section 27.0 for additional requirements.) 17.5.1 All business uses, except office buildings: (1) 3,000 - 15,000 square feet gross floor area: 1 berth. (2) 15,001 - 40,000 square feet gross floor area: 2'berths. (3) Each 25,000 additional square feet: 1 additional berth. 17.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,001 - 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. 17.6 Landscaping Requirements Where a lot or parcel of ground used for business purposes in the B-6 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded),a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of 30 feet shall be provided along the abutting or adjoining property line. A planting. screen, consisting of suitable shrubbery, shall be planted at the time of construction of, or conversion to, a business activity and shall be maintained in order to provide effective screening at all times during the year. the shrubbery may be planted informally or in rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting or adjoining residential properties. Vision clearance on corner lots and at the intersections of streets and driveways shall be observed and 70 ZONING ORDINANCE maintained. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or protective items, other landscaping items and signage as permitted by the Carmel-Clay Township Sign Ordinance. Multiple-family residential development within a B-6 District shall also be subject to the protection afforded by the landscaping requirements established herein. 71 ZONING ORDINANCE 18.0 B-7 BUSINESS DISTRICT 18.0.1 Purpose and Intent. The purpose of this district is to allow for development of a wide variety of commercial uses near areas zoned or utilized for residential purposes. The intent is to permit efficient land usage while protecting and maintaining the character of neighboring residential areas. 18.0.2 Plan Commission Approval. Plan Commission approval shall be necessary: (1) prior to the consideration by the Board of Zoning Appeals for a variance of any property located within the B-7 District; (2) prior to the issuance of any Improvement Location Permit in the B-7 District. The Plan Commission shall examine each proposal in relation to the health, safety and general welfare of the community and particularly nearby residential areas. The Plan Commission review is to determine that the proposed use is within the permitted uses within a B-7 District and that the proposed use is appropriately designed and landscaped to compatibly adjoin a residential area. In such review, the Commission shall consider the particular elements of each proposal, which may include, but are not limited to the following items: (1) Neighborhood Impact: social/neighborhood effects, impact on surrounding property, compatibility with existing commercial uses, benefit to community, and minimization or containment of possible negative effects. (2) Site Suitability: topography, on-site and off-site surface and subsurface storm and water drainage, surrounding zoning and land use, access to public streets, soils and hydrology. (3) Public Facilities: capacity of proposed and existing public streets, available police and fire protection, easements and utilities on-site and to the site, including water, sewage and storm drainage facilities. (4) Circulation Patterns: amount and direction of traffic flow proposed, existing vehicular and pedestrian circulation pattern, streets, sidewalks, curbs, gutters, driveway and curb cut locations in relation to other sites, parking location and arrangement, alleys, service areas, loading bays and dedication of streets and rights-of-way. (5) Architectural Design: scale and proportion, suitability of building materials, surrounding building design, proposed and existing landscaping, exterior lighting, signage, site coverage, screening and buffering and necessary building height, bulk and setback. 72 ZONING ORDINANCE 18.1 Permitted Uses: Any Use Permitted in the B-5 District (Section 16.1) (except Residential kennel, Post office or postal station, Power transmission line, Research laboratory, Single-family dwelling, Two-family dwelling and Veterinary hospital, without kennel). Uses also permitted in the B-6 District are indicated with a "(B-6)". Antique shop Apparel shop Art gallery Art and music center Auto parts store Bakery Barber shop Beauty shop Bicycle shop Bookstore Business and electronic machines and equip. sales Business or commercial school (B-6) Camera shop Candy or ice cream shop Carpet and rug store China and glassware shop Church, temple or other place of worship Coin or philatelic store Craft and hobby shop Dancing academy Day nursery Dressmaking shop Dry cleaning and laundry (pick-up & delivery only) Duplicating and blueprint establishment Electrical appliance shop Flower shop Furniture store (B-6) Furrier shop Garden shop Gift shop Haberdashery Hardware store Health studio Interior decorating shop Kindergarten Leather and luggage 73 ZONING ORDINANCE License bureau (B-6) Locksmith or key shop Medical/optical laboratory Millinery shop Multiple-family dwelling Nursing, retirement or convalescent facility (B-6) Office supply store Optician and optical supply Orthopedic and medical appliance and supply sales Paint and wallpaper store Pet shop Photographic studio Picture framing shop Printing shop Radio and television sales shop Recording studio (B-6) Reducing salon Rental agency Shoe repair shop Shoe store. Sporting goods store Stationer Tailor and dressing shop Tobacco shop Toy shop Upholstery and/or drapery shop Variety store Water management and use facilities 18.1.1 Minimum Area Requirements: Use Minimum Area (Acres) Day nursery 1 Kindergarten 1 1812 Other Requirements: Use Other Requirements: Dry cleaning and laundry No dry cleaning or (pick-up & delivery laundering on premises only) 74 ZONING ORDINANCE Hardware store No service center 18.2 Permitted Special Uses: None. 18.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses and structures are permitted contingent upon Plan Commission approval (see 18.0.2) and under the following conditions: (1) do not alter the character of the premises; (2) are on the same lot as the principal structure to which they are accessory; (3) are not attached to the principal structure with the exception of an allowable uniform and continuous roof, supported by customary supports or joists and no other connection or attachment between the structures; (4) not erected prior to the erection of the principal building; (5) when detached from the principal building, set back seventy-five (75) feet or more from the front lot line; (6) located in a side or rear yard but may not occupy more than 30 percent of the side or rear yard; (7) when closer than ten (10) feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building; (8) when more than ten (10) feet from a main building may be erected within five (5) feet, or easement plus three (3) feet, of a side or rear lot line, but not within any easement or required landscaped or greenbelt area; and (9) shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. 18.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 18.4.1 Maximum height: 35 feet, with a maximum of two stories. 18.4.2 Minimum front yard: 40 feet. 18.4.3 Minimum side yard: 10 feet. 18.4.4 Minimum aggregate of side yard: 25 feet. 18.4.5 Minimum rear yard: 30 feet. 18.4.6 Minimum lot width: 100 feet. However, if a lot was recorded prior to May 5, 1980 ("Effective Date") and said lot does not meet the minimum lot width requirementsof this section, said lot ("Undersized Lot") may be used for any use permitted in the B-7 District provided: (1) At the time of the recordation of the Undersized Lot, or on the Effective Date, the Undersized Lot met the requirements for minimum 75 .ONING ORDINANCE lot width then in effect for the underlying primary zoning district(s); (2) The owner of the Undersized Lot must include, up to the minimum lot width, any adjoining vacant land (not separated by a street or public way) owned on or before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a lot which conforms to the minimum lot width requirements of this section; and (3) All other applicable regulations of the B-7 District can be met. 18.4.7 Minimum lot size: A lot for a business use shall contain a minimum of 10,000 square feet when serviced by a community water system and a community sanitary sewer system. A lot for a multiple-family dwelling shall contain 5,000 square feet per dwelling unit when serviced by a community water system and a community sewer system. 25,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square. feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 18.4.8 Minimum ground floor area: business uses - 900 square feet; multiple-family dwelling - 800 square feet. 18.4.9 Maximum lot coverage for multiple-family dwellings: 40 percent of lot. 18.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) J 18.5.1 All business uses, except office buildings: (1) 3,000 - 15,000 square feet gross floor area: 1.berth (2) 15,001 - 40,000 square feet gross floor area: 2 berths. (3) Each 25,000 additional square feet: 1 additional berth. 18.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth. 76 ZONING ORDINANCE (2) 100,101 - 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. 18.6 Landscaping Requirements 18.6.1 Landscaping Plan: A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive-ways, lighting standards, signs, steps and other similar structures; and, shall delineate the location, size and description of all landscape material and the method to be used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinate part of the Landscape Plan for the entire lot. 18.6.2 Areas to be Landscaped: (1) Where a lot or parcel of ground in the B-7 District abuts a parcel zoned for residential purposes, a thirty (30) foot landscaping buffer shall be located along the side of the lot which abuts the residentially zoned parcel. This landscape buffer shall be a greenbelt as described herein and shall contain a visual screen six (6) feet in height created by a solid wall or fence, or by an earth berm with plantings, or by a planting hedge, or any appropriate combination thereof. The design of.this buffer shall provide effective screening at all times during the year and shall be coordinated with, or complementary to, any adjacent landscape buffer and its screening. (2) A greenbelt shall be an area suitably landscaped consistent with the standards set forth herein and shall be otherwise unoccupied except for steps, walks, terraces, lighting standards, and other similar structures (excluding parking area). Innovative treatments are to be especially encouraged in this area. (3) Where a lot or parcel of ground in the B-7 District abuts a public street or thoroughfare, the Landscape Plan for the site shall include a landscaped area along and immediately adjacent to said street or thoroughfare. This planting area shall provide for shade trees to be planted approximately every 50 feet. The shade trees distance from the right-of-way and spacing should be approved in accordance with the particular property's characteristics and the needs of the particular 77 ZONING ORDINANCE proposed use. 18.6.3 Landscape Standards: (1) The interior dimensions, specifications and design of any planting area or planting median proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. (2) The primary landscaping materials used in the Greenbelt shall be shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc. (3) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges, and other planting material may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping. (4) All shade trees proposed to be used in accordance with any landscaping plan shall at the time of planting be a minimum of eight to ten feet in overall height and have a minimum trunk diameter, twelve (12) inches above the ground, of two and one-half inches. They should be of a variety which will attain an average mature spread greater than twenty (20) feet. (5) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan. 18.6.4 Landscaping Installation and Maintenance: (1) Installation: All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development Administrator. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. (2) Maintenance: It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable 78 ZONING ORDINANCE substitute, and keeping the area free of refuse and debris. (3) Changes After Approval: No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed without first obtaining further Plan Commission approval. (4) Inspection: The Director, or his duly appointed representative, shall have the authority to visit any lot within the B-7 District to inspect the landscaping and check it against the approved plan on file. 18.7 Storage, Display and Refuse All storage, display and refuse shall be completely enclosed in ,a main or accessory building. 18.8 Application Procedure 18.8.1 Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant. shall submit two (2) copies of the written application form, two (2) copies of the proposed development plan (DP) with its landscaping plan, and all other necessary supporting documents and materials. 18.8.2 Initial Review of the Application and Supporting Documents and Materials by the Director: Submission to the Plan Commission. Following the receipt of the written application, development plan (DP) with landscaping plan and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws, and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not`complete, or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward Plan Commission approval as hereinafter set forth. Within . . thirty (30) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission, according to the Plan Commission's Rules of Procedure. The applicant shall file for each Plan Commission member a copy of the development plan and supporting documents and/or materials. 79 ZONING ORDINANCE 18.8.3 Public Hearing by Plan Commission: Once the Director has accepted and filed the application with the Commission, the Commission or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the Public Hearing shall be in accordance with the Commission's Rules of Procedure. • 80 ZONING ORDINANCE II 19.0 B-8 BUSINESS DISTRICT 19.0.1 Purpose and Intent. The purpose of this district is to provide for a variety of commercial and office uses to be developed in a shopping center type environment which may include one or more unified shopping centers and/or one or more commercial and office buildings. 19.0.2 Tract Requirements. The district shall be established in areas where all utilities (public water supply, sanitary sewers and storm sewers) are available or are to be provided to the entire development. All streets and roads located in the B-8 District, whether dedicated or undedicated, shall be built according to existing Carmel standards including provision of appropriate right-of-way on undedicated streets and roads, except for traffic patterns which are merely painted on a parking lot surface. The requirements of this Section 19.0.2 notwithstanding, the streets and roads constructed and in use as of December 1, 1982, are not subject to the provisions of Section 19.0.2. 19.0.3 Plan Commission Approval. To insure the compatibility of the proposed use with adjoining areas, the Plan Commission shall review the architectural design, exterior lighting, landscaping and signage (ADLS) of any proposed use of any lot or parcel of ground within the B-8 District prior to the issuance of an Improvement Location Permit by the Department of Community Development. Once approved by the Plan Commission the architectural design, exterior lighting, landscaping and signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Plan Commission. 19.1 Permitted Uses: Any Use Permitted in the B-7 District (Section 18.1) (except Business or commercial school; Church, temple or other place of worship; Clinic or medical health center; Day nursery; Home occupation; Kindergarten; Medical/optical laboratory; Multiple-family dwelling; Nursing, retirement or convalescent facility; Printing shop; Rental agency; and, Water management and use facilities). Uses also permitted in the B-6 District are indicated with a "(B-6)". Auction room Auto tire center (B-6) Automobile service station (B-6) Billiard parlor Bowling alley (B-6) Car wash - self serve or automatic Catering establishment Cold storage locker 81 ZONING ORDINANCE Commercial parking lot (B-6) Dance hall Delicatessen (B-6) Department store Discount store Drug store Dry cleaning establishment Grocery store Gunsmith Health Food Store Indoor Theatre (B-6) Jewelry store Laundry agency Meat market Meeting or party hall (B-6) Motor bus or railroad passenger station (B-6) Newsdealer Photo pick-up station (drive-through type) Post office or postal station (B-6) Power transmission line (B-6) Radio and/or television studio Record shop Restaurant or fast food operation (B-6) Self-service laundry Shooting gallery Showroom, for articles to be sold at retail Skating rink Supermarket Tavern or night club (B-6) 19.1.1 Minimum Area Requirements: None. 19.1.2 Other Requirements: Use Other Requirements Dry cleaning Units with a maximum establishment rated capacity of 80 lbs. using non- explosive and non-flammable liquids Photo pick-up station Drive through lane space: (drive-through type) 4 cars per window 82 ZONING ORDINANCE 19.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Any Special Use Permitted in the B-4 District (Section 15.2) (except Mobile home; temporary uses; and, Multiple-family dwelling). Amusement arcade Day nursery 19.2.1 Minimum Area Requirements: None. 19.2.2 Other Requirements: Same as B-4 District regulations of Section 15.2.2. 19.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses of buildings customarily and purely incidental to the uses allowed in this district are permitted; provided that the building materials and color are compatible with those of the primary building. 19.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 19.4.1 Maximum Height: 50 feet. 19.4.2 Minimum Front Yard: 25 feet. 19.4.3. Minimum Side Yard: 10 feet. 19.4.4 Minimum Rear Yard: 10 feet. 19.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 19.5.1 The parking requirements of Section 27.0 notwithstanding, if the structure is located in an area where common parking is available to the users of the facility, then parking can be reduced by the amount of common parking spaces which can reasonably be allocated to the facility. A Parking Plan showing roadways, entrances, exits and common area parking in relation to all structures shall be filed and approved by the Plan Commission. 19.5.2 The loading requirements of Section 27.0 notwithstanding, loading berths and trash collection areas shall be permitted per the demand of the business 83 ZONING ORDINANCE establishments and shall be identified on the site plan. A Loading Plan shall be filed and approved by the Plan Commission. Trash collection areas shall be properly screened and enclosed. 19.6 Landscaping Requirements Where a lot or parcel of ground used for business purposes in the B-8 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of 30 feet shall be provided along the abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at the time of construction of, or conversion to, a business activity and shall be maintained in order to provide effective screening at all times during the year. The shrubbery may be planted informally or in rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting and adjoining residential properties. Vision clearance on corner lots and at the intersections of streets and driveways shall be observed and maintained. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or protective items, other landscaping items and signage as permitted by the Carmel-Clay Township Sign Ordinance. Additional landscaping (such as street trees) may be required by the Plan Commission in order to maintain area-wide uniformity. A Landscape Plan shall be submitted concurrent with the site plan. 19.7 Lighting All lighting standards within the development shall be of uniform design and materials. Parking lot and street lights shall also be of uniform height. All lights shall be of a "down lighting type with the light element completely shielded on all sides and top. A Lighting Plan shall be submitted concurrent with the site plan. 19.8 Signs All signs shall conform to the Carmel-Clay Township Sign Ordinance. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. A Sign Plan shall be submitted concurrent with the site plan. 19.9 Emergency Access Adequate emergency access space shall be provided to the side and rear of all primary buildings located within the district. All emergency access areas, and facilities shall 84 ZONING ORDINANCE be shown on the site plan and reviewed by the Carmel Chief of Police and Cannel Fire Chief. 85 ZONING ORDINANCE 20A.0 I-1 INDUSTRIAL DISTRICT 20A.0.1 Purpose and Intent. The purpose of this district is to provide for a wide variety of industrial, commercial and office uses, but to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. The intention of this district is to preserve the land in the district for industrial, commercial, and office uses and to exclude residential use. However, no new such districts shall be created after August 18, 1982, in accordance with amending Ordinance Z-184. 20A.1 Permitted Uses: Commercial uses Heavy industrial uses Light industrial uses Office uses Transportation facilities related to the industrial concerns Warehouse and storage facilities 20A.1.1 Minimum Area Requirements: None. 20A.1.2 Other Requirements: None. 20A.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond (not a part of a plat) Commercial sanitary landfill or refuse dump Commercial sewage or garbage disposal plant Junk or material and/or salvage yard Penal or correctional institution 20A.2.1 Minimum Area Requirements: Use Minimum Area (Acres) Junk or material and/or salvage yard 10 Penal or correctional institution 80 Commercial sanitary landfill or refuse 86 ZONING ORDINANCE dump 40 20A.2.2 Other Requirements: None. 20A.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 20A.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 20A.4.1 Maximum Height: 60 feet. 20A.4.2 Minimum Front Yard: 15 feet. 20A.4.3 Minimum Side Yard: industrial or business use or zoning abutting premises - none; residential use or zoning abutting premises - five (5) feet. 20A.4.4 Minimum Rear Yard: 15 feet. 20A.4.5 Maximum Lot Coverage: 90 percent of the lot. 20A.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 20A.5.1 All commercial, industrial and warehouse and storage facilities: (1) 3,000 - 15,000 square feet of gross floor area: 1 berth. (2) 15,001 - 40,000 square feet of gross floor area: 2 berths. (3) Each additional 40,000 square feet: one additional berth. 20A.5.2 Office Buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,101 - 300,000 square feet gross floor area: 2 berths. 87 ZONING ORDINANCE (3) Each 200,000 additional square feet: 1 additional berth. 20A.6 Emission Standards 20A.6.1 Fire Hazards. The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided that said materials shall be stored, utilized or manufactured in a manner approved by the State Fire - Marshall and the State Administrative Building Council. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted in accordance with the following standards, exclusive of storage of finished products in original sealed containers: Total capacity of flammable materials permitted (gallons)* Industries engaged in storage and distribution of such materials Above ground Underground Materials having a flash 100,000 400,000 point above 190' F From and including 105' F 50,000 200,000 to and including 190' F Materials having a flash 20,000 100,000 point below 105' F Industries engaged in utilization and manufacture of flammable materials Above ground Underground Materials having a flash 50,000 400,000 point above 190' F From and including 105' F 10,000 200,000 to and including 190' F 88 ZONING ORDINANCE Materials having a flash 5,000 100,000 point,below 105' F *When flammable gasses are stored, utilized or manufactured and • measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 times the gallon quantities listed above. 20A.6.2 Water pollution. No operation or activity permitted in the I-1 District shall discharge, or cause to be discharged, liquid or solid wastes into public waters unless in compliance with the provisions of the Stream Pollution Control Law of the State of Indiana (chapter 214, Acts of 1943, as amended) and the regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the Stream Pollution Control Board of the State of Indiana, as well as the approval of the appropriate authority accepting the waste materials. 20A.6.3 Explosive materials. No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically licensed by the City of Carmel. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshall and the State Administrative Building Council. Said materials shall include, but are not limited to, all primary explosives such as lead o zide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, I-IMX, PETN and picric acid; propellants and components thereof, such as nitrocelulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium,nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, telrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35 percent; and, nuclear fuels and fissionable materials and products. including reactor elements such as Uranium 235 and Plutonium 239. The restrictions of this section shall not apply to (1) the activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements located on the premises, (2) the operation of motor vehicles or transportation facilities, (3) conditions beyond the control 89 of the user such as tire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies and (4) safety or emergency warning signals or alarms necessary for the protection of life, limb or property. 20B.0 M-1 MANUFACTURING DISTRICT 20B.0.1 Purpose and Intent. The purpose of the M-1 Manufacturing District is to create and protect areas for manufacturing establishments which may be characterized by objectionable factors which are exceedingly difficult to eliminate because of specific manufacturing techniques. These industries therefore require large sites buffered by sufficient land areas in order to be isolated from non-compatible uses because of heavy traffic generation, open storage of materials and possible emission of noise, glare, dust, odor, smoke or other offensive characteristics. This district is intended to insure proper design, placement and grouping of manufacturing concerns within the community so as not to create a nuisance to other surrounding land uses. Land to be placed in this district is intended to have generally level topography, public utilities (sewer, water, etc.) and major transportation facilities readily available. This district should be buffered as much as possible from undeveloped commercial and residential districts. Establishment of the M-1 District directly adjacent to an established or platted residential subdivision should be avoided. No M-1 District should be created within one-hundred fifty feet (150') of an established or platted residential subdivision. Vehicular traffic serving the M-1 District should not be routed into or through a residential development or onto a street serving a school or community facility. Truck traffic serving the M-1 District should be prohibited from using surrounding residential streets. 20B.1 Permitted Uses: Any Manufacturing use allowed in the M-2 District(Section. 20C,1) Agricultural or other plant growing operations Commercial .(retail or wholesale) sale of products manufactured and/or assembled within the same building or building complex Manufacturing uses other than those requiring a Special Use Approval 90 ZONING ORDINANCE Office space within the same building or building complex directly associated with on-site products manufactured, assembled and/or stored Transportation facilities directly related specific on-site Transpo y re to sp manufacturing concerns Warehouse and storage facilities One (1) dwelling unit per manufacturing establishment or complex for security purposes Enclosed accessory ry u e s which are incidental to, maintained on the same lot and directly associated with the operation of a permitted use Excluded Uses: Bulk storage of petroleum products not used for on-site manufacturing. Disposal of radioactive materials Fertilizer manufacturing, Stock yards, Slaughtering, Leather curing and Tanning Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the State of Indiana, Board of Health or City of Carmel Refining or manufacturing of petroleum products Refining or manufacturing of wood preservatives, cement, lime and gypsum 20B.1.1 Minimum Area Requirements: None. 91 ZONING ORDINANCE 20B.1.2 Other Requirements: Use Other Requirements Commercial (retail or Floor space of sale wholesale) sale of area shall not exceed products manufactured ten (10%) percent of and/or assembled within area devoted to actual the same building or manufacturing or the building complex assembly of products 20B.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond larger than one (1) acre or more than eight (8) feet in depth (not a part of the plat) Commercial sanitary landfill or refuse dump Commercial sewage, trash or garbage disposal or recycling plant Heliport or other aircraft landing facilities and associated buildings Junk or material and/or salvage yard or storage of material not manufactured or assembled on-site Mineral extraction operations including sand, gravel, soil, aggregate and all related processing operations Office uses not related to permitted manufacturing or other uses Open hearth and blast furnace, coke ovens, brick yards and kilns Penal or correctional institution Power generating plant Retail sales and service of products not manufactured and/or assembled on site Storage, utilization or manufacture of explosive materials (does not include petroleum products) 92 ZONING ORDINANCE Storage, utilization or manufacture of flammable liquids or gases other than those used by the manufacturing establishments in their operational activities Trucking terminals, storage of more than one (1) vehicle, maintenance facilities Wholesale Sales 20B.2.1 Minimum Area Requirements: Use Minimum Area (Acres) ial sewage,Com merc s g , 10 trash or garbage disposal or recycling plant Mineral extraction 50 operations including sand, gravel, soil, aggregate and all related processing operations Open hearth and blast 14 furnace, coke ovens, brick yards and kilns Power generating plant 10 Storage, utilization or 10 manufacture of explosive materials (does not include petroleum products) Also, same as I-1 District regulations of Section 20A.2.1. 93 ZONING ORDINANCE 20B.2.2 Other Requirements: Use Other Requirements Commercial sanitary The requirements listed landfill or refuse dump in Sections 20B.4 and 20B.7 shall be increased by fifty (50%) percent Commercial sewage, trash Same as above. or garbage disposal or recycling plant Junk or material and/or Same as above. salvage yard or storage of material not manufactured or assembled on-site Mineral extraction Same as above. operations including sand, gravel, soil, aggregate and all related processing operations Open hearth and blast Same as above. furnace, coke ovens, brick yards and kilns Penal or correctional Same as above. institution Power generating plant Same as above. Storage, utilization or Same as above. manufacture of explosive materials (does not include petroleum products) 94 r - ZONING ORDNANCE Storage, utilization or Same as above. manufacture of flammable liquids or gases other than those used by the manufacturing establishments in their operational activities 20B.3 Accessory Buildings and Uses, (See Section 25.0 for additional requirements.) Accessory Uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 20B.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 20B.4.1 Maximum Height: 60 feet. 20B.4.2 Minimum Front Yard: 50 feet. 20B.4.3 Minimum Side and Rear Yard: (1) Next to Existing Residence(s) - 150 feet or 3 times building height whichever is greater. (2) Next to Undeveloped Zoned Residential District or Development - 100 feet or 3 times building height whichever is greater. (3) Next to Zoned Business District or Development - 75 feet. (4) Next to Zoned Manufacturing District or Development - 5 feet. 20B.4.4 Maximum Lot Coverage: all uses 90 percent of the lot. In no instance shall more than 90 percent of the land area be developed by uses permitted in the M-1 District, including buildings, paved or unpaved parking areas, storage areas, etc. 95 ZONING ORDINANCE 20B.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 20B.5.1 All commercial, industrial and storage facilities except office buildings: (1) 5,000 - 20,000 square feet of gross floor area: 1 berth (loading dock or ground level loading door). (2) 20,001 - 50,000 square feet of gross floor area: 2 berths (loading docks or ground level loading doors). (3) Each additional 50,00 square feet: 1 additional berth (loading docks or ground level loading doors). 20B.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,101 - 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet 1 additional berth. 20B.6 Performance Standards. No land or building in this district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition. 20B.6.1 Fire Hazards: Any activity involving the use of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. All requirements of the State Fire Marshall shall be followed. 20B.6.2 Radioactivity or Electrical Disturbances: No activity shall emit any radioactivity or electrical disturbance at or beyond the property line of said manufacturing establishment. All requirements of the State Fire Marshall, Indiana State Board of Health, Administrative Building Council and the Indiana Air Pollution 0 Control Board shall be followed. 96 ZONING ORDINANCE 20B.6.3 . Noise: No noise shall be discernible at or beyond the property line of said manufacturing establishment, except during construction operations, in excess of the following: (See Chart "A"). Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement. All requirements of the Indiana State Board of Health and the Administrative Building Council shall be followed. 20B.6.4 Vibration: No vibration shall be permitted which is discernible without instruments at the property line. 20B.6.5 Air Pollution: No harmful air pollution shall be discernible by sight, smell or testing at the property line. All requirements and regulations established by the Air Pollution Control Board and the Indiana State Board of Health shall be followed. 20B.6.6 Glare: No direct or reflected glare in excess of 0.1 foot-candles of light (lights, fire, etc.) shall be permitted which is • visible from any property adjacent or from any public street, road or highway. 20B.6.7 Erosion: No erosion, by either wind or water, shall be permitted which will carry substances onto neighboring properties. All requirements of the Indiana State Board of Health, the Indiana Department of Natural Resources and Hamilton County Soil and Water Conservation District shall be followed. 20B.6.8 Water Pollution: Water pollution shall be subject to all requirements and regulations established by the Indiana State Board of Health, Hamilton County Health Department, the Indiana Department of Natural Resources and the Indiana Stream Pollution Control Board. 20B.7 Landscaping Requirements 20B.7.1 Building (Front): A landscaped and maintained yard area shall be provided adjacent to the front of the building which is equal to an area that runs the entire length of the front of the building and the depth shall be a distance of not less than 25 percent of the height of the building. 97 ZONING ORDINANCE 20B.7.2 Front Landscaped Yard: A fifteen (15) foot landscaped and maintained yard area, composed of trees not less than 2 1/2' cal. in size (measured at 40" and spaced 50' on center), shall be provided next to (an) existing residence(s) or a platted residential subdivision unless otherwise determined by the Commissioner or unless otherwise required by the Board for Special Uses. 20B.7.3 Side and Rear Landscaped Yards: A landscaped and maintained yard area shall be provided, including a solid visual buffer or screen of at least five (5) feet in height next to (an) existing residence(s) or a platted residential subdivision, as follows: (1) Next to (an) Existing Residence(s) or a Platted Residential Development - 40 feet. (2) Next to Undeveloped Zoned Residential District - 30 feet. (3) Next to Zoned Business District or Development - 15 feet. (4) Next to Zoned Manufacturing District or Development - 5 feet. 20B.7.4 Landscaping Installation and Maintenance: (1) Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development Administrator. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. (2) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris. 98 ZONING ORDINANCE CHART A MAXIMUM ALLOWED NOISE LEVELS OCTAVE-BAND CENTER MAXIMUM AT A FREQUENCY PIANO NOTES BOUNDARY GIVEN (HERTZ) RANGE SPL (DECIBELS) DISTANCE ENVIRONMENTAL 31.5 (Bo - C1) 80 Light trucks in Offices with city 20' tabulating machines 63 (B1 - C2) 79 Light trucks in Offices with city 20' tabulating machines 125 (B, - C3) 74 Conversational Average Speech 3' Traffic 100' Accounting Offices 250 (B3 - C4) 69 Conversational Average Speech 3' Traffic 100' Accounting Offices 500 (B4 - C5) 63 15,000 KVA, -- 115 KV Trans- former at (200') 1000 (B5 - C6) 57 15,000 KVA, -- 115 KV Trans- former at (200') 2000 (B6 - C7) 52 -- Private Business Offices Light Traffic Average Residence 4000 (B7 - Cg) 48 -- Private Business Offices 99 ZONING ORDINANCE Light Traffic Average Residence 8000 ( - ) 45 -- Private Business Offices Light Traffic Average Residence 100 ZONING ORDINANCE 20C.0 M-2 MANUFACTURING DISTRICT 20C.0.1 Purpose and Intent. The purpose of the M-2 Manufacturing District is to create and protect areas for Light Manufacturing Establishments and other listed uses whose operations can be developed in a zoned district of ten (10) acres or less and are conducted within completely enclosed buildings in such a manner that nuisance factors are not emitted outside the building. Screening of storage, parking and loading areas is mandatory in this district as it is usually located adjacent to commercial (service) or residential areas and may serve as a buffer between manufacturing establishments of a heavy nature and commercial or residential districts or developments. Land areas to be rezoned M-2 shall have access to Public Utilities (sewer, water, etc.). Vehicular traffic serving the M-2 District should not be routed into or through a residential development or onto a street serving a school or community facility. Truck traffic serving the M-2 District should be prohibited from using surrounding residential streets. 20C.1 Permitted Uses: Agricultural uses Commercial (Retail) sale of products which are directly related to manufacturing concerns located within the M-2 Manufacturing District Commercial (Wholesale) sale of products Engineering or research laboratories General offices associated with an industrial use, including service facilities for employees or guests; provided, however, that any service facility shall be entirely enclosed within a building area or completely buffered Light manufacturing establishments including fabricating, assembling, processing, cleaning, testing, analyzing, repairing of goods, materials or products Printing, lithographing, publishing or photography establishments 101 ZONING; ORDINANCE Public utilities or governmental facilities Wholesaling, warehousing, packaging, storage or distribution facilities One (1) dwelling unit per manufacturing establishment or complex for - security purposes Enclosed accessory uses which are incidental to, maintained on the same lot and directly associated with the operation of a permitted use Excluded Uses: Bulk storage of petroleum products not used for on-site manufacturing Disposal of radioactive materials Fertilizer manufacturing, Stock yards, Slaughtering, Leather curing and Tanning Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety 'and welfare of the general public as determined by the State of Indiana, Board of Health or City of Carmel. Refining or manufacturing of petroleum products Refining or manufacturing of wood preservatives, cement, lime and gypsum 20C.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Heliport or other aircraft landing facilities and associated buildings Retail sales and service of products not manufactured and/or assembled on site Storage, utilization or manufacture of explosive materials Storage of petroleum products when not directly associated with on-site manufacturing operations 102 ZONING ORDINANCE Towers exceeding 50 feet in height Trucking terminals, storage of more than one (1) vehicle, maintenance facilities 20C.2.1 Minimum Area Requirements: None. 20C.2.2 Other Requirements: None. 20C.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 20C.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 20C.4.1 Maximum Height: 30 feet if adjacent to an existing or platted residence or residential subdivision, 50 feet if adjacent to all other uses. 20C.4.2 Minimum Front Yard: 50 feet across from residence or residential subdivision - all other adjacent uses twenty-five (25) feet. 20C.4.3 Minimum Side and Rear Yard: (1) Next to Existing or Platted Residence or Residential Subdivision - 80 feet or 3 times the height of the principal building, whichever is greater. (2) Next to Undeveloped Zoned Residential District or Development - 2 times the height of the principal building, whichever is greater. (3) Next to Zoned Business District or Development - 20 feet or a distance equal to height of building (manufacturing), whichever is greater. (4) Next to Zoned Manufacturing District or Development - 5 feet. 103 ZONING ORDINANCE 20C.5 Parking and Loading Berth Requirements: (See Section 27.0 for additional requirements.) 20C.5.1 All commercial, industrial and storage facilities: (1) 5,000 - 20,000 square feet of gross floor area: 1 berth (loading dock or ground loading door). (2) 20,001 - 50,000 square feet of gross floor area: 2 berths (loading docks or ground loading doors). (3) Each additional 50,000 square feet: 1 additional berth (loading docks or ground loading doors). 20C.6 Performance Standards: Same as M-1 District regulations of Section 20B.6. 20C.7 Landscaping Requirements 20C.7.1 Building (Front): A landscaped and maintained yard.area equal is a h shall be provided adjacent to the front of the building which q to an area that runs the entire length of the front of the building and the depth shall be a distance of not less than 25 percent of the height of the building. 20C.7.2 Front Landscaped Yard: A fifteen (15) foot landscaped and maintained yard area, composed of trees not less than 2 1/2" cal. in size (measured at 40" and spaced 50' on center), shall be provided next to (an) existing residence(s) or a platted residential subdivision unless otherwise determined by the Commission or unless otherwise required by the Board for Special Uses. 20C.7.3 Side and Rear Landscaped Yards: (1) Next to (an) Existing Residence(s) or a Platted Residential Development - 40 feet. (2) Next to Undeveloped Zoned Residential District - 25 feet. (3) Next to Zoned Business District or Development - 15 feet. 104 ZONING ORDINANCE (4) Next to Zoned Manufacturing District or Development - 5 feet. 20C.7.4 Landscaping Installation and Maintenance: (1) Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development Administrator. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. • (2) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties, or a suitable substitute, and keeping the area free of refuse and debris. 105 ZONING ORDINANCE 20D.0 M-3 MANUFACTURING PARK DISTRICT (PLANNED DISTRICT) 20D.0.1 Purpose and Intent. The purpose of the M-3 Manufacturing Park District is to create and protect land areas for the development of unified preplanned manufacturing and other compatible land uses within a park like setting. All activities associated with manufacturing, commercial, warehousing, transportation, service, office and residential activities shall be conducted within completely P Y enclosed buildings in such a manner that any nuisance factors are not emitted outside of the building. Solid visual screening of the outside activities including, but not limited to, storage and trash collection areas shall be included. It shall be a requirement of all preplanned manufacturing parks to be reviewed and approved by the Cannel Plan Commission. A development plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles _ of architecture, design, sign and industrial management. Land areas to be rezoned M-3 shall be served by public utilities (sewer, water, etc.). 20D.1 Permitted Uses: Any uses permitted in the M-2 District (Section 20C.1) Commercial (Retail) Sales Commercial (Wholesale) sale of products, including service establishments General Offices Residential uses Vocational and industrial training facilities, data processing and analysis One (1) dwelling unit per manufacturing establishment or complex for security purposes Enclosed accessory uses which are incidental to, maintained on the same lot and directly associated with the operation of a permitted use, 1 06 ZONING ORDINANCE including recreational areas for employees and lodging facilities for owners, guards or caretakers Excluded Uses: Bulk storage of petroleum products not used for on-site manufacturing Disposal of radioactive materials Fertilizer manufacturing, Stock yards, Slaughtering, Leather curing and Tanning Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the State of Indiana, Board of Health or City of Cannel Refining or manufacturing of petroleum products Refining or manufacturing of wood preservatives, cement, lime and gypsum 20D.1.1 Minimum Area Requirements: None. 20D.1.2 Other Requirements: Use Other Requirements Commercial (Retail) Sales Limited to 20 percent of the total gross area of the M-3 District Residential Limited to 20 percent of the total gross area of a specific M-3 District and limited to a density of 10 dwelling units per acre 20D.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Artificial lake or pond larger than one (1) acre or more than eight (8) 10 7 ZONING ORDINANCE feet in depth (not a part of the plat) Heliport or other aircraft landing facilities and associated buildings Plant growing operations (greenhouses, etc.) Towers exceeding 50 feet in height Trucking terminals, storage of more than one (1) vehicle, maintenance facilities Other uses similar and comparable to the above permitted uses 20D.2.1 Minimum Area Requirements: None. 20D.2.2 Other Requirements: None. 20D.3 Accessory Buildings and Uses (See Section 25.0 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 20D.4 Height and Area Requirements (See Section 26.0 for additional requirements.) 20D.4.1 Maximum Height: 30 feet if adjacent to an existing or platted residence or residential subdivision, 50 feet if adjacent to all other uses. 20D.4.2 Minimum Lot Frontage: 100 feet (except for residential use which shall be a minimum of 60 feet). 20D.4.3 Minimum Lot Size: 20,000 square feet per principal building (except for residential use which shall be a minimum of 10,000 square feet with public sewer and water). 20D.4.4 Maximum Lot Coverage: 80 percent. 20D.4.5 Minimum area of an M-3 District: 10 acres. 20D.4.6 Minimum Manufacturing Park District Perimeter Setback 108 ZONING ORDINANCE and Landscaped Yard Requirements: (See Chart "B"). 20D.5 Parking and Loading Berth Requirements (See Section 27.0 for additional requirements.) 20D.5.1 All commercial. industrial and storage facilities except office buildings: (1) 5,000 - 20,000 square feet of gross floor area: 1 berth (loading dock or ground level loading door). (2) 20,001 - 50,000 square feet of gross floor area: 2 berths (loading docks or ground level loading doors). (3) Each additional 50,00 square feet: 1 additional berth (loading docks or ground level loading doors). 20D.5.2 Office buildings: (1) 100,000 or less square feet gross floor area: 1 berth (2) 100,101 .- 300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. 20D.6 Performance Standards: Same as M-1 District regulations of Section 20B.6. 20D.7 Landscaping Requirements 20D.7.1 Building (Front): A landscaped and maintained yard area shall be provided adjacent to the front of the building which is equal to an area that runs the entire length of the front of the building and the depth shall be a distance of not less than 25 percent of the height • . of the building. 20D.7.2 Front Landscaped Yard: A fifteen (15) foot landscaped and maintained area, composed of trees not less than 2 1/2" cal. in size (measured at 40" and spaced 50' on center) shall be provided unless otherwise determined by the Commission or unless otherwise required by the Board for Special Uses. 109 ZONING ORDINANCE 20D.7.3 Side and Rear Landscaped Yards: A landscaped and maintained yard area shall be provided, including a solid visual buffer or screen of at least five (5) feet in height, where required - refer to Chart "B" 20D.7.4 Landscaping Installation and Maintenance (1) Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development Administrator. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final • Certificate of Occupancy. (2) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris. 20D.8 Fencing 20D.8.1 Maximum Height: 8 feet side and rear yard, 4 feet front yard. 20D.8.2 Materials: Shall be approved by the Commission at the time of final Development Plan approval. 20D.8.3 Chain Link Fence: Shall not be allowed adjacent to (an) existing residence(s) or residential subdivision unless a solid buffer is provided on the residential side of the fence. 20D.9 Streets and Roads 20D.9.1 Vehicular traffic serving the M-3 District should not be. . routed into or through a residential development or onto a street serving a school or community facility. . 110 ZONING ORDINANCE 20D.9.2 Truck traffic serving the M-3 District should be prohibited from using surrounding residential streets. 20D.9.3 The main access road serving an M-3 District should connect directly with the nearest major highway (U.S. #421, U.S. #31 and S.R. #431), unless otherwise indicated by the traffic study required in Section 24.7.1. The main access road shall be constructed prior to any building permits being issued within the M-3 District. 20D.9.4 Buildings within the M-3 District which will front on an existing road should be served using frontage roads. New roads to be constructed within the M-3 District should have a minimum distance of five-hundred (500) feet between all curb cuts. Wherever possible alignment of curb cuts shall be encouraged. 20D.10 Application Procedure Procedures and requirements for Planned District approval are set forth in Section 24.0. 111. ZONING ORDINANCE CHART B OFF SITE ADJACENT USES (Developed, Platted or Zoned) AND ADJACENT USES WITHIN THE M-3 DISTRICT RESIDENTIAL RESIDENTIAL COMMERCIAL INDUSTRIAL (Single or (Multi- Double Units) Family) RESIDENTIAL (Single. or Double Units) Minimum BUILDING SETBACK FRONT fifty (50) ft. thirty-five (35) twenty (20) ft. or twenty (20) ft. or • ft. distance equal to distance equal to height of (manu- height of (manu- facturing) build- facturing) building, ing, whichever is whichever is greater greater SIDE/REAR fifty (50) ft. ten (10 ft. ten (10) ft. . ten (10 ft. Minimum LAND- SCAPED YARD FRONT fifty (50) ft* thirty-five ft. fifteen (15) ft.. fifteen (15) ft. SIDE/REAR ft* ten (10) ft.* ten (10) ft.* /REAR fifty (50) ft. ten (10) ft. ( ) ( ) 112 ZONING ORDINANCE RESIDENTIAL (Multi-Family and Cluster Option) Minimum BUILDING SETBACK FRONT fifty (50) ft. or thirty-five (35) twenty (20) ft. or twenty (20) ft. or three (3) times ft. distance equal to distance equal to building height height of(manu- height of (manu- whichever is facturing) build- facturing) building, greater ing, whichever is whichever is greater greater ZONING ORDINANCE CHART B (Cont.) RESIDENTIAL RESIDENTIAL COMMERCIAL INDUSTRIAL (Single or (Multi- Double Units) Family) RESIDENTIAL (Cont.) (Multi-Family and Cluster Option) SIDE/REAR fifty (50) ft. or twenty-five (25) twenty-five (25) twenty-five (25) ft. three (3) times ft. ft. building height whichever is greater 113 ZONING ORDINANCE Minimum LAND- SCAPED YARD FRONT forty (40) ft. thirty-five (35) fifteen (15) ft. fifteen (15) feet ft. SIDE/REAR thirty 3 0 ft.* ten (10) feet ten (10) feet* ten (10) feet* COMMERCIAL (Includes Office Use) Minimum BUILDING SETBACK FRONT fifty (50) ft. or fifty (50) ft. twenty (20) ft. or twenty (20) ft. or two (2) times or two (2) times distance equal to distance equal to building height building height height of (manu- height of (manu- whichever is whichever is facturing) build- facturing) build- greater greater ing, whichever is ing, whichever is greater greater SIDE/REAR eighty (80) ft. or thirty (30) ft. ten (10) feet ten (10) feet three (3) times or two (2) times building height height of whichever is building which- greater ever is greater 114 ZONING ORDINANCE ZONING ORDINANCE • CHART B (Cont.) RESIDENTIAL RESIDENTIAL COMMERCIAL INDUSTRIAL (Single or (Multi- Double Units) Family) COMMERCIAL (Cont.) Minimum LAND- SCAPED YARD FRONT forty (40) feet forty (40) feet fifteen (15) feet fifteen (15) feet SIDE/REAR forty (40) feet* fifteen (15) ft.* ten (10) feet ten (10) feet INDUSTRIAL (Includes All Acces- sory Uses) Minimum BUILDING SETBACK FRONT fifty (50) ft. or fifty (50) ft. or twenty (20) ft. or twenty (20) ft. or three (3) times three (3) times distance equal to distance equal to building height building height height of (manu- height of (manu- whichever is which ever is facturing) build- facturing) building, greater greater ing, whichever is whichever is greater greater SIDE/REAR eighty (80) ft. or eighty (80) ft. twenty (20) ft. fifteen (15) ft. three (3) times or three (3) 115 ZONING ORDINANCE building height times height of whichever is building which- greater ever is greater Minimum LAND- SCAPED YARD FRONT forty (40) ft. forty (40) ft. fifteen (15) ft. fifteen (15) ft. SIDE/REAR developed or plat- developed or five (5) ft.* five (5) ft. ted sixty (60) ft.* platted sixty or zoned (only) (60) ft.* or thirty (30) ft. zoned (only) thirty (30) ft. • * Must include solid visual buffer or screen (See Definitions) only where the adjacent use is actually developed or platted (not required when adjacent land is zoned). 116 ZONING ORDINANCE 21.0 SPECIAL USE REGULATIONS 21.1 General Information Special use approval by the Board shall be necessary prior to the establishment of a special use, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said special use. Special uses shall generally be considered favorably by the Board, except in cases where the Board finds the proposed special use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure established herein. 21.2 Special Use Procedure 21.2.1 Procedure generally. Whenever an application for a special use of a premises within the jurisdiction of this ordinance is made, it shall follow the procedure set forth herein and shall conform to the regulations and requirements of this ordinance. 21.2.2 Consultation with the Director and Application. Applicants shall meet with the Director to review the zoning classification of their site,. review copies of the regulatory ordinances and materials, review the special use procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. 21.2.3 Initial Review of the Application and Supporting Documents and Materials by the Director: Submission to the Board. Following the receipt of the written application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the special use application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward special use approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director, he shall formally file the 117 ZONING ORDINANCE application by placing it upon the agenda of the Board, according to the Board's Rules.of Procedure. 21.2.4 Public Hearing by the Board. Once the Director has accepted and filed the application with the Board, the Board or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The a pp licant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance with the Board's Rules of Procedure. 21.2.5 Approval or Denial of the Special Use Application by the • Board. Upon approval of the special use, the Board shall inform the Director that he may issue Improvement Location Permits for the special use and inform the applicant of the time limits set forth in Section 21.2.7. The Board shall inform the applicant that he may apply to the Director for Improvement Location Permits for the special use, if necessary, or may commence the special use if no permits are required. After denial of a special use application, a variance, special exception, or zoning amendment concerning the same property shall not be filed for a period of six (6) months. Failure of the Director to inform the applicant of the time limits set forth in Section 21.2.7 shall not relieve the applicant of complying with said Section. If the petition is denied by the Board, the Board shall provide the applicant with a copy of said reasons, if requested. 21.2.6 Authorization. In no event shall a special use be established or an Improvement Location Permit be issued for improvements for a special use prior to the approval of the special use by the Board unless otherwise excepted herein. 21.2.7 Time Limit. Any person to whom a special use is granted by the Board, under the procedures set forth in this chapter, shall have commenced continuous construction of said special use or implemented said special use within one year of the date of the granting of the approval or said approval shall become null and void. Upon application to the Director before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months. • 118 ZONING ORDINANCE 21.3 Basis of Board Review The Board, in reviewing the special use application, shall give consideration to the particular needs and circumstances of each special use application and shall examine the following items as they relate to the proposed special use: (1) Topography; (2) Zoning on site; (3) Surrounding zoning and land use; (4) Streets, curbs and gutters and sidewalks; (5) Access to public streets; (6) Driveway and curb cut locations in relation to other sites; (7) General vehicular and pedestrian traffic; (8) Parking location and arrangement; (9) Number of parking spaces needed for the particular special use; (10) Internal site circulation; (11) Building height, bulk and setback; (12) Front, side and rear yards; (13) Site coverage by building(s), parking area(s) and other structures; (14) Trash and material storage; (15) Alleys, service areas and loading bays; (16) Special and general easements for public or private use; (17) Landscaping and tree masses; (18) Necessary screening and buffering; (19) Necessary fencing; (20) Necessary exterior lighting; (21) On-site and off site, surface and subsurface storm and water drainage; (22) On-site and off-site utilities; (23) Dedication of streets and rights-of-way; (24) Proposed signage (subject to regulations established by the sign ordinance); and (25) Protective restrictions and/or covenants. 21.4 Basis of Board Approval or Rejection • The Board, in approving or rejecting a special use application, shall base its decision upon the following factors as they relate to the above listed items (Section 21.3) concerning the proposed special use: 119 ZONING ORDINANCE (1) The particular physical suitability of the premises in question for the proposed special use. (2) The economic factors related to the proposed special use, such as cost/benefit to the community and its anticipated effect on surrounding property values. (3) The social/neighborhood factors related to the proposed special use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed special use will effect neighborhood integrity. (4) The adequacy and availability of water, sewage and storm drainage facilities and police and fire protection. (5) The effects of the proposed special use on vehicular and pedestrian traffic in and around the premises upon which the special use is proposed. 21.5 Expansion of Approved Special Uses An approved special use may be expanded up to ten (10) percent of the approved gross floor area without obtaining further special use approval . if the approved use is continued in the expansion, if the particular building height, bulk, setback, yard, parking, etc. requirements are adhered to and if the proper permits for the expansion, such as an Improvement Location Permit, are obtained. 21.6 Special Uses in Flood.Plain Districts The Board may not exercise special use approval in any of the Flood Plain Districts (FP, FW or FF) until the Board has received written approval from the Indiana Natural Resources Commission for the proposed special use, including any reports supplementary thereto. 21.7 Provisions for Financial Performance and Maintenance Guarantees for Special Uses As a prerequisite to special use approval on projects subject to new construction, the developer shall agree to provide financial performance and 120' ZONING ORDINANCE maintenance guarantee for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the proposed special use. The public facility improvements and installations shall include streets (base and paving, individually), curbs and gutters, sidewalks, storm water drainage and storm sewer systems, sanitary sewer systems, water supply systems, street name signs, monuments and markers and the various appurtenances related thereto. All construction shall be according to plans submitted as a portion of the special use application and accompanying data, subject to standards and specifications cited herein. Non-public facility improvements and installations shall be subject to financial guarantees established by their ownership. 21.7.1 Performance Guarantee. Prior to or at the time of special use approval, the developer shall be required to provide financial performance guarantee, by certified check, letter of credit, or performance bond running to: A. City of Cannel jurisdiction: City of Cannel B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County The financial performance guarantee shall provide for the completion of all public facility improvements and installations required under the provisions of this ordinance, and shall be conditioned upon the following: (1) The completion of public facility improvements and installations shall be within two (2) years from the approval of the special use. (2) A penal sum shall be fixed and approved by the Board equal to 100 percent of the total estimated current cost to the city or county of all public facility improvements and installations provided in the special use application and accompanying data according to specifications cited herein. (3) Each public facility improvement or installation provided in the special use application or accompanying data shall be bonded individually, or shall have an individual letter of credit or certified check to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facility improvements and installations. 121 ZONING ORDINANCE (4) The performance bond, certified check, or letter of credit shall be issued in the name of the owner, developer, contractor or other responsible party as determined by the Board. 21.7.2 Extension of Completion Time and Non-Performance: (1) Should the developer not complete the public facility improvements and installations as herein required within the stated two (2) year period, the Director may approve an extension of up to two (2) years, granted at six (6) month intervals, for completion of the required public facility improvements and installations. (2) Should the developer not complete the public facility improvements and installations as herein required within the two (2) year period, or within any time extension approved by the Director, the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, letter of credit, or performance bond. 21.7.3 Release of Performance Guarantee. Upon the faithful completion of the required public facility improvements and installations according to the special use application and accompanying data and the specifications cited herein, the developer shall inform the Director who shall confirm that said public facility improvements and installations have been completed in conformity with this ordinance. Following said confirmation, the subdivider shall provide the Director with two (2). sets of "as built" plans showing the storm water drainage and storm sewer systems, water supply system, sanitary sewer system and monuments and markers as they were installed. The developer may then request the release of the performance guarantee posted with the appropriate authority. Upon the receipt of a maintenance guarantee, as specified herein, the appropriate authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may - be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations . or their performance guarantees. 21.7.4 Maintenance Guarantee. Prior to the release of the performance guarantee, the developer shall be required to provide financial maintenance guarantee, by certified check payable to the appropriate authority or maintenance bond running to the appropriate authority, that all 122 ZONING ORDINANCE public facility improvements and installations required under the provisions of this ordinance shall be maintained according to specifications cited herein. Said financial maintenance guarantee shall be conditioned upon the following: (1) The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantee. (2) A penal sum shall be fixed and approved by the Board but in no case shall the penal sum be less than fifteen (15) percent of the total performance guarantee for streets and ten (10) percent of the performance guarantee for all other public facility improvements and installations. •The minimum maintenance guarantee to be posted for streets shall be no less than $5,000.00. (3) Each public facility improvement or installation shall be bonded individually, or shall have an individual certified check to cover the penal sum, and shall not have the maintenance guarantee provided in combination with any of the other public facility improvements and installations. (4) The maintenance bond shall be issued in the developers name alone or in the name of the developer and his subcontractor as co-signers. All certified checks provided for financial maintenance. guarantee shall be signed by the developer alone. 21.7.5 Releases of Maintenance Guarantee. All maintenance bonds shall expire at the end of the three (3) year period for which they were established. Within sixty (60) days of the expiration date, the appropriate authority shall return said expired maintenance bonds to the developer. In the case where a certified check has been posted as a maintenance guarantee, the developer shall, at the end of the three (3) year maintenance period, contact the appropriate authority in order to obtain the release of the maintenance guarantee. The appropriate authority shall return said maintenance guarantee to the developer within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantee. 123 ZONING ORDINANCE 22.0 FLOOD PLAIN DISTRICTS 22.0.1 Purpose and Intent. The purpose of the three flood plain districts is to apply special regulations to the use of land in those jurisdictional areas of the Commission which are subject to predictable inundations at frequent intervals. This district is superimposed over the other established districts and its regulations shall supersede those of the districts over which it is superimposed unless otherwise noted. 22.1 District Boundaries The boundaries of the flood plain district are hereby established as shown on the Zoning District Map. The flood plain areas within the jurisdiction of this ordinance are hereby divided into three districts: Flood Plain (FP); Floodway (FW); and Floodway Fringe (FF). The basis for these district delineations is a Flood Insurance Study for Carmel dated May 19, 1981, which along with the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps are declared by reference to be a part of this ordinance. In the FP, FW and FF Districts, established herein, the degree of flood protection established in this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood,heights may be increased by man-made or natural causes such as ice or debris jams. This ordinance does not imply that areas outside the flood plain districts, as. PY P defined herein, will be free of floodings or flood damage. This ordinance does not create any liability on the part of the City of Carmel,.the Commission, the State of Indiana or any elected or appointed official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 22.1.1 Flood Plain District. The purpose of the FP District is to regulate land use and development in flood hazard areas in which a floodway P Y has not been established. These areas are identified as "Zone A" on the Flood Insurance Rate Maps developed as part of the Flood Insurance Study. FW District is to 22.1.2 Floodwav District. The purpose of the F s P rP - y s. regulate land use and development in the areas established as floodwa 22.1.3 Floodwav Fringe District. The purpose of the FF District is to regulate land use and development in the flood hazard area outside the floodway district. 124 ZONING ORDINANCE 22.2 Permitted Uses The following uses are permitted in the district as specified: 22.2.1 FP and FW Districts: (1) Agricultural uses such as the production of crops, pastures, orchards, forestry, vineyards and general farming. (2) Wildlife sanctuaries operated by governmental units and/or non-profit organizations and woodland and nature preserves. (3) Parks and recreational uses, such as golf courses and play areas. 22.2.2 FF District.-' All uses permitted in the district which is overlapped by the FF District shall be permitted in the FF District, although all buildings constructed in the FF District shall have a flood protection grade of at least two (2) feet above the regulatory flood profile as established. 22.3 Permitted Special Uses The following special uses are permitted when approved by the Board, including all terms, conditions and recommendations imposed,by the Indiana Natural Resources Commission, and after a proper permit has been granted by the Indiana Natural Resources Commission, in the districts as specified: 22.3.1 FP and FW.District: (1) Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs, boat ramps and irrigation facilities. (2) Transportation facilities, such as streets, bridges, roadways, fords, railroad and related facilities and utility transmission facilities including substations and exchanges. (3) Water related urban uses, such as wastewater treatment 125 ZONING ORDINANCE facilities, storm sewers, electric generating and transmission facilities and water treatment and storage facilities. • (4) Mineral extraction, borrow pits, top soil removal and their storage area with a minimum buffer strip of 300 feet with any residential district. (5) Park and recreational area improvements, including park buildings, equipment, tennis courts, etc. (6) Parking lots. (7) Any change in the natural grade through fill or excavation not related to any of the above special or permitted uses nor related to other construction in the FP or FW Districts. 22.3.2 FF District. All uses permitted under special use requirements in the district which is overlapped by the FF District shall be permitted in the FF District, although all buildings constructed in the FF District shall have a flood protection grade of at least two (2) feet above the regulatory flood profile as established. 22.4 Other Requirements Accessory building and use; height and area; and, parking requirements are as established in the district which is overlapped by the FP, FW or FF District, unless otherwise specified by the Indiana Natural Resources Commission. 22.5 Responsibility for Studies Where topographic data, engineering studies, or other studies are requested by the Commission, Board, Director or the Indiana Natural Resources Commission to determine the effects of flooding on a structure or the effects of the structure on the flow of water, the applicant shall submit such data or studies. 126 ZONING ORDINANCE 23A.0 STATE HIGHWAY 431 OVERLAY ZONE 23A.0.1 Purpose, Intent and Authority. The purpose of this zone is to provide consistent treatment for properties bordering the limited access highway, known as State Highway 431, to preserve the ' aesthetic qualities of these properties, and to protect the health and safety of the property owners. This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. The Plan Commission, in establishing this zone, is relying on I.C. 36-1-1 et seq. 23A.1 District Boundaries The boundaries of the State Highway 431 Overlay Zone are hereby established as shown on the Zoning Map. The zone shall include an area of one hundred twenty (120) feet on either side of the right-of-way for State Highway 431. 23A.2 Minimum Front Yard The minimum front yard shall be one hundred twenty (120) feet. 23A.3 Landscaping A landscaped greenbelt area shall extend along the right-of-way of State Highway 431 with 'a depth of thirty (30) feet. 23A.4 Parking Parking is prohibited within thirty (30) feet of the right-of-way in the greenbelt area. 23A.5 Plan Commission Approval Plan Commission approval of the landscaping plan, parking plan, lighting plan, and architectural design (ADLS) is required. 23A.6 Other Requirements All other requirements not mentioned in this section shall remain as stated for that primary zoning classification district mapped. 127 ZONING ORDINANCE 23B.0 U.S. HIGHWAY 31 OVERLAY ZONE 23B.0.1 Purpose, Intent and Authority. The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 31 in Clay Township, Hamilton County, Indiana. The Plan Commission, in establishing this zone, is relying on I.C. 36-1-1 et seq. U.S. Highway 31 is a limited access highway and an important entrance corridor to Carmel and to Clay Township. Therefore, it is the further purpose of the U.S. Highway 31 Overlay Zone to preserve the aesthetic qualities of those bordering properties through: the promotion of coordinated lot development in the U.S. Highway 31 Overlay Zone; the establishment of basic standards for structures constructed on the properties within the U.S. Highway 31 Overlay Zone which permit innovative site designs and at the same time encourage efficient land usage; and, the establishment of lot development standards which will encourage substantial capital investments for the development of those properties. 23B.1 District Boundaries The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as shown on the Zoning Map. The U.S. Highway 31 Overlay Zone generally includes an area six hundred (600) feet on either side of the right-of-way for U.S. Highway 31 in Clay Township, Hamilton County, Indiana, extending from the north right-of-way line of 96th Street to the south right-of-way line of 146th Street. 23B.2 Plan Commission Approval The Plan Commission shall approve the development plan (DP) for any proposed improvement in the U.S. Highway 31 Overlay Zone, excepting additions to existing residential structures which are (1) attached to the existing residence, (2) follow a similar architectural design, (3) do not exceed forty percent (40%) of the existing structure, and (4) meet with requirements of the underlying primary zoning district. A development plan (DP) approval requires a public hearing. Plan Commission approval of the architectural design, landscaping, parking, signage, lighting and access to the property (ADLS) shall be necessary prior to: (1) the establishment of any 128 ZONING ORDINANCE use of land; (2) the issuance of any Improvement Location Permit; (3) the erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or (4) any changes in any site improvements. The Plan Commission, in reviewing DP applications (see Sections 23B.9 through 23B.13 for ADLS review factors), shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items: (1) Topography; (2) Zoning on site; (3) Surrounding zoning and existing land use; (4) Streets, curbs and gutters and sidewalks; (5) Access to public streets; (6) Driveway and curb cut locations in relation to other sites; (7) General vehicular and pedestrian traffic; (8) Parking facilities and internal site circulation; (9) Special and general easements for public or private use; (10) On-site and off-site surface and subsurface storm and water drainage including drainage calculations; (11) On-site and off-site utilities; (12) The means and impact of sanitary sewage disposal and water supply techniques; (13) 'Dedication of streets and rights-of-way;, (14) Provision for adequate and acceptable setbacks, screening, • and compatibility with existing platted residential uses; (15) Storage area; (16) Protective restrictions and/or covenants; (17) Effects any proposed project may have on the entire Overlay Zone; and (18) Any other factors the Commission deems necessary. 23B.3 Permitted Uses All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded by Section 23B.5, are permitted in the U.S. Highway 31 Overlay Zone. 23B.4 Permitted Special Uses All special uses which are permitted (upon obtaining a special use approval from the Board) in the underlying primary zoning district(s), except the uses expressly excluded by Section 23B.5, are permitted in the U.S. 129 ZONING ORDINANCE Highway 31 Overlay Zone. 23B.5 Excluded Uses Auction room; Automobile or mobile home sales; Automobile service station; Automobile or truck repair; Auto parts and tire center; Billiard parlor; Boarding or lodging house; Boat sales; Bowling alley; Carnivals, fairs, circuses, etc.; Car wash; Cemetery; Cold storage locker; Commercial warehouse storage; Farm implement sales; Fuel or ice sales; Grain elevator; Helicopter or other aircraft landing facilities; Industrial uses-heavy; Junk and/or salvage yard; Kennel; Laundry or dry cleaning plant; Lumber or building materials sales or storage; Machinery and equipment sales and services; Mineral extraction, borrow pit, etc.; Mobile home court; Mobile home, temporary"uses; Motor bus or railroad passenger station; Outdoor theater; Photo pick-up station; Race track; Radio or television transmission tower; Raising and breeding of non-farm fowl and animals; Recreational vehicle sales; Riding stable; Roadside sales stand; Sanitary landfill/refuse dump; Sheet metal shop; Transportation facilities related to industry; Veterinary hospital with kennel; Welding shop. 23B.6 Accessory Buildings and Uses All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted, except that any detached accessory building on any lot shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. 23B.7 Minimum Development Plan Project Size and Lot Size The minimum area covered by a Development Plan, which must be within the U.S. Highway 31 Overlay Zone, must be 217,800 square feet (5 acres). For lots located inside and outside of the U.S. Highway 31 Overlay Zone, a concept Land Use Plan shall be submitted to the Plan Commission for the entire parcel. All lots in the U.S. Highway 31 Overlay Zone shall contain a minimum area of 217,800 square feet (5 acres). However, if a lot was recorded prior to April 21, 1980 ("Effective Date"), and said lot does not contain the minimum area required by this section, said lot ("Undersized Lot") may be used for any use permitted in the U.S. Highway 31 Overlay Zone provided that: 130 ZONING ORDINANCE (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot size then in effect for a lot in the underlying primary zoning district(s); (2) The owner of the Undersized Lot must include, up to the minimum lot size, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a lot which conforms, or more closely conforms, to the minimum lot size requirements of this section; and (3). All other applicable regulations of the U.S. Highway 31 Overlay zone can be met. 23B.8 Height and Area Requirements- 23B.8.1 Maximum Building Heights: As specified in the underlying primary zoning district(s), except as follows: (1) B-5 District - All uses, sixty (60) feet, except that the maximum height may not exceed fifty percent (50%) of the depth of • the U.S. Highway 31 front yard. (For purposes of this computation only, access to the lot is by a frontage road or similar access Y� Y g road which is between the lot and US. Highway 31, the roadway width of such frontage or access road shall be added to the depth of the front yard.) (2) B-6 District - All uses, one hundred twenty (120) feet, except that the maximum height may not exceed the depth of the U.S. Highway 31 front yard. (For purposes of this computation only, where access to the lot is by a frontage road or similar access road which is between the lot and U.S. Highway 31, the roadway width of such frontage or access road shall be added to the depth of the front yard.) 23B.8.2 Minimum Building Height: All uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. 23B.8.3 Minimum U.S. Highway 31 Front Yard: All uses, ninety 131 ZONING ORDINANCE (90) feet. 23B.8.4 Minimum Front. Side and Rear Yards: All uses, forty-five (45) feet. • 23B.8.5 Minimum Aggregate of Side Yards: All uses, ninety (90) feet. 23B.8.6 Minimum Lot Width: For all uses, the lot width shall equal or exceed that amount which is one-half (1/2) the depth of the lot. However, if a lot was recorded prior to April 21, 1980("Effective Date"), and said lot does not meet the minimum lot width requirements of this section, said lot ("Undersized Lot") may be used for any use permitted in the U.S. Highway 31 Overlay Zone provided: • (1) At the time of the recordation of the Undersized Lot, or on the Effective Date, the Undersized Lot met the requirements for minimum lot width then in effect for the underlying primary zoning district(s); (2) The owner of the Undersized Lot must include, up to the minimum lot width, any adjoining vacant land (not separated by a street or public way) owned on or before the Effective.Date or at the time of application which, if combined with the Undersized Lot, would create a lot which conforms, or more closely conforms, to the minimum lot width requirements of this section; and (3) All other applicable regulations of the U.S. Highway 31 Overlay Zone can be met. 23B.8.7 Minimum Gross Floor Area: All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Accessory buildings shall not be used in the computation of floor area. Accessory buildings permitted need not meet the minimum floor area requirement. 23B.8.8 Maximum Lot Coverage: For all uses: (1) If all building(s) on the lot contain an aggregate gross floor 132 ZONING ORDINANCE area of less than twenty-five thousand (25,000) square feet, thirty-five percent (35%) of the lot; (2) If all building(s) on the lot contain an aggregate gross floor. area of between twenty-five thousand (25,000) square feet and seventy-four thousand nine hundred ninety-nine (74,999) square feet, forty-five percent (45%) of the lot: (3) If all buildings) on the lot contain an aggregate gross floor area of between seventy-five thousand (75,000) square feet and one hundred fifty thousand (150,000) square feet, fifty-five percent (55%) of the lot: (4) If all building(s) on the lot contain an aggregate gross floor area in excess of one hundred fifty thousand (150,000) square feet, sixty-five percent (65%) of the lot: 23B.9 Architectural Design Requirements In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 31 Overlay Zone, factors to be considered by the Commission shall include but are not limited to: (1) Scale and proportion; (2) Suitability of building materials; (3) Design in relation to surrounding buildings; (4) Design in relation to topography of the site; (5) Design in relation to proposed landscaping; and (6) ' Aesthetics of the proposed building, including color. 23B.10 Landscaping Requirements 23B.10.1 Landscaping Plan. A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures; and, shall delineate the location, size and description of all landscape material and the method to be used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated 133 ZONING ORDINANCE part of the Landscape Plan for the entire lot. 23B.10.2 Areas to be Landscaped (1) Greenbelt. The greenbelt shall be suitably landscaped (see • Section 23.B.10.3) and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards, signs, and other similar structures (excluding a private parking area). Mounding and other innovative treatments are to be especially encouraged in this area. (2) Planting Adjacent to Buildings. A planting "area" equal to an area measuring twenty-five (25) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed at the front of the building. A planting "area" equal to an area ten (10) feet in depth by the remaining sides of the building shall be installed on all other sides of the building(s). Sidewalks may be permitted in these areas, but shall not occupy the entire area on any side of the building(s) [see Section 23B.10.3(b)]. If an approach driveway cuts into a planting area adjacent to the building, additional planting area equal to the area displaced by the driveway shall be added to the building perimeter planting. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped and innovative and original designs are encouraged. (3) Peripheral Planting. There shall be a peripheral landscaping strip, four (4) feet in depth, located along the side of any private parking area which abuts any side or rear property line. At least one tree for each fifty (50) lineal feet shall be planted in any such peripheral landscaping strip. (4) Planting Within Parking Lots. All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area; and, not less than five percent (5%) of a private parking lot shall be landscaped. (For purposes of this computation, landscaping in the greenbelt, adjacent to the building(s) and on the periphery of the lot shall not be included.) (5) Minimum Total Landscaping Required. Inclusive of the 134 ZONING ORDINANCE greenbelt, the planting adjacent to the building(s), the peripheral planting, and the planting within parking lots, a minimum of fifteen percent (15%) of the lot shall be landscaped. 23B.10.3 Landscaping Standards (1) The interior dimensions, specifications and design of any planting area or planting median proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. (2) The primary landscaping materials used in the greenbelt and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc. (3) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges, and other planting material may be used to compliment the landscaping, but shall not be the sole contribution to the landscaping. (4) All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight to ten feet in overall height and have a minimum trunk diameter, twelve (12) inches above the ground, of two and one-half (2-1/2) inches upon planting. They should be of a variety which will attain an average mature spread greater than twenty (20) feet. (5) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan. 23B.10.4 Landscaping Installation and Maintenance (1) Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. From Section 23C.10.4(1). 135 ZONINU ORDINANCE (2) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris. (3) Changes After Approval. No landscaping which has been approved by the Plan Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Plan Commission approval. (4) Inspection. The Director, or his duly appointed representative(s), shall have the authority to visit any lot within the U.S. Highway 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23B.11 Parking Requirements Parking is to be discouraged between the greenbelt and the building(s) when other suitable areas for parking exist on the property; however, private parking may be permitted in the area between the greenbelt. and the planting adjacent to the building(s) and the planting on the periphery of the property. Efforts to break up large expanses of pavement are to be encouraged by the interspercing of appropriate planting areas wherever possible. The number of parking spaces required are as established elsewhere_ in this Ordinance, depending upon the zoning and intended land use. However, there shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. 23B.12 Lighting Requirements In reviewing the lighting plan for a lot proposed to be developed in the U.S. Highway 31 Overlay Zone, factors to be considered by the Commission shall include but are not limited to: (1) Safety provided by the lighting. (2) Security provided by the lighting. (3) Possible light spillage or glare onto adjoining properties 136 ZONING ORDINANCE or streets. (4) Attractiveness of the lighting standard and their compatibility with the overall treatment of the property. (5) Height and placement of lighting standards considering the use. 23B.13 Access to Individual Lots • As U.S. Highway 31 is a limited access highway, and as access to individual lots along this highway is either not in existence or not clearly defined in many cases as of the Effective Date of this Ordinance, access roads will need to be built. In order to preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all lots,whenever possible.. Access roads to contiguous lots shall be coordinated so as to form one main access road to those adjoining developments. These roads should be designed so as to funnel traffic onto major arterial roads rather than in two residential areas and roads which may adjoin or be near this Overlay Zone. 23B.14 Other Requirements 23B.14.1 Outside Storage of Refuse. No outside, unenclosed storage or refuse (whether or not in containers) or display of merchandise shall be permitted on any lot. All refuse shall be contained completely within the principle or accessory building(s). 23B.14.2 Loading Berths. Loading berth requirements shall be specified in the underlying primary zoning district(s), except that any loading or unloading berth or bay which faces or is visible from U.S. Highway 31 shall be screened by landscaping or other screening. 23B.14.3 Additions to Existing Residential. Uses and detached structures accessory to single-family dwelling units are permitted provided that the use and/or structure meets the requirements of the underlying primary zoning district. Additionally, any detached structure must (1) be of compatible architectural design with the principle structure; (2) be set back thirty (30) feet from the right-of-way line nearest to and running most • parallel with U.S..Highway 31, and (3) be accompanied by adequate adjacent landscaping. 137 CONING ORDINANCE 23B.15 Application Procedure 23B.15.1 Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall submit two (2) copies of the written application form; two (2) copies of the development plan (DP) and/or the required information on architectural design, landscaping, parking, signage, lighting and access (ADLS), as well as all necessary supporting documents and materials. Filing fees shall not be required for applications for additions to residential housing required to be reviewed under this section. • 23B.15.2 Initial Review of the Application and Supporting Documents and Materials by the Director; Submission to the Commission. Following the receipt of the written application, development plan (DP) and/or the requirement information on architectural design, landscaping, parking, signage, lighting and access (ADLS), and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission, according to the Commission's Rules of Procedure. The applicant shall file for each Plan Commision member a copy of the development plan and/or ADLS plans and supporting documents and/or materials. 23B.15.3 Approval or Denial of the Application by the Commission. An approved DP petition and ADLS petition shall be valid for two years from the date of approval. If construction of the building(s) has (have) not started at the end of the two year period, the DP and/or ADLS request must be reapproved by the Plan Commission. If the development plan and/or ADLS plans is (are) materially changed in any way, resubmission to the Plan 138 ZONING ORDINANCE Commission per Section 23B.2 for approval is required. If the petition is denied by the Commission, the Commission shall provide the applicant with a copy of said reasons, if requested. 23C.0 U.S. Highway 421 - Michigan Road Corridor Overlay Zone 23C.0.1 Purpose. Intent and Authority. It is the purpose of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 421 - Michigan Road in Clay Township, Hamilton County, Indiana. The Plan Commission, in establishing this zone, is relying on I.C. 36-1-1, et seq. It is recognized that U.S. Highway 421 - Michigan Road is an important corridor to Carmel and to Clay Township. Therefore, it is the further purpose of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone to promote coordinated quality development per the Land Use recommendation of the Cannel Comprehensive Plan; the establishment of basic standards for structures on the properties within the Overlay Zone which promote high quality, innovative site designs, and at the same time encourage efficient land usage; and, the establishment of lot development standards which will encourage capital investments for the development of those properties along and abutting U.S. Highway 421. 23C.1 District Boundaries The boundaries of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone are hereby established as shown on the Zoning Map. 23C.2 Plan Commission Approval The Plan Commission shall approve the development plan (DP) for any proposed improvement in the U.S. Highway 421 - Michigan Road Corridor Overlay Zone, excepting existing residential structures and residential lots platted prior to April 21, 1980, when used for residential purposes, which are exempt from the requirements contained within this section. A development plan (DP) approval requires a public hearing. Plan Commission approval of the architectural design, landscaping, parking, 139 ZONING ORDINANCE signage, lighting and access to the property x (ADLS) shall be necessary Y P rior to: (1) the establishment of any use of land; (2) the issuance of any Improvement Location Permit; (3) the erection, reconstruction or structural alteration of any building(s) in the U.S., Highway 421 - Michigan Road Corridor Overlay Zone; or (4) any changes in any site improvements. The Plan Commission;in reviewing DP applications, shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items: (1) Topography; (2) Zoning on site; (3) Surrounding zoning and existing land use; (4) Streets, curbs and gutters and sidewalks; (5) Access to public streets; (6) Driveway and curb cut locations in relation to other sites; (7) General vehicular and pedestrian traffic; (8) Parking facilities and internal site circulation; (9) Special and general easements for public or private use; (10) On-site and off-site surface and subsurface storm and water draining, including drainage calculations; (11) On-site and off-site utilities; (12) The means and impact of sanitary sewage disposal and water supply techniques; (13) Dedication of streets and rights-of-way; (14) Provision for adequate and acceptable setbacks, screening, and compatability with existing platted residential uses; (15) Storage area; (16) Protective restrictions and/or covenants; (17) Effects any proposed project may have on the entire Overlay Zone; and (18) Any other factors the Commission deems necessary. 23C.3 Permitted Uses All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded in Section 23C.5, are permitted in the U.S. Highway 421 - Michigan Road Corridor Overlay zone. 23C.4 Permitted Special Uses All special uses which are permitted (upon obtaining a special use approval from the Board) in the underlying primary zoning district(s), except 140 ZONING ORDINANCE the uses expressly excluded in Section 23C.5, are permitted in the U.S. Highway 421 - Michigan Road Corridor Overlay Zone. 23C.5 Excluded Uses Bulk storage of petroleum products not used for onsite manufacturing, excluding automobile service station; Carnivals, fairs, circuses, etc.; Disposal of radioactive materials; Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning; Garbage disposal plant/sanitary landfill; Junk and/or salvage yard; Mobile home court; Outdoor theatre; Penal or correctional institution; Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety, and welfare of the general public as determined by the State of Indiana, Board of Health or City of Cannel; Refining or manufacturing of petroleum products; Refining or manufacturing of wood preservatives, cement, lime, and gypsum; Roadside sales stand; Single-family residence. 23C.6 Accessory Buildings and Uses All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted, except that any detached accessory building on any lot shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. 23C.7 Minimum Development Plan Project Size and Lot Size The minimum area covered by a Development Plan, which must be within the U.S. Highway 421 - Michigan Road Corridor Overlay Zone, shall be 130,680 square feet (3 acres). For lots located both inside and outside of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone, a concept Land Use Plan shall be submitted to the Plan Commission for the entire parcel. All lots in the U.S. Highway 421 - Michigan Road Corridor Overlay Zone shall contain a minimum area of 130,680 square feet (3 acres). However, if a lot was recorded prior to September 7, 1988 ("Effective Date"), and said lot does not contain the minimum area required by this section, said.lot ("Undersized Lot") may be used for any use permitted in the U.S. Highway 421 - Michigan Road Corridor Overlay Zone provided that: (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot size then in effect for a lot in the underlying 141 ZONING ORDINANCE primary zoning district(s); (2) The owner of the Undersized Lot must include, up to the O P minimum lot size, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a lot which conforms, or more closely conforms, to the minimum lot size requirements of this section; and (3) All other applicable regulations of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone can be met. 23C.8 Height and Area Requirements 23C.8.1 Maximum Building Height: As specified in underlying primary zoning district(s). 23C.8.2 Minimum Building Setback Line: All new commercial buildings shall be located a minimum of three (3) times their total height from any existing residential structure or the greater of any other setback requirement of this U.S. Highway 421 - Michigan Road Corridor Overlay Zone (shall be measured from structure to structure). 23C.8.3 Minimum Front Yard: All uses, fifty (50) feet. 23C.8.4 Minimum Side and Rear Yards: (1) Next to Existing Residence(s) or Undeveloped Zoned Residential District: fifty (50) feet or two (2) times building height whichever is greater. (2) Next to Zoned Business District or Development: fifteen (15) feet. (3) Next to Zoned Manufacturing District or Development: twenty (20) feet. 23C.8.5 Minimum Gross Floor Area: All buildings shall have a minimum of twenty-five hundred (2500) square feet of floor area, excluding the floor area of any basement or accessory buildings. 142 ZONING ORDINANCE Accessory buildings shall not be used in the computation of floor area. Accessory buildings need not meet the minimum floor area requirements. 23C.9 Architectural Design Requirements In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 421 - Michigan Area Corridor Overlay Zone, factors to be considered by the Commission shall include but are not limited to: (1) Scale and proportion; (2) Suitability of building materials; (3) Design in relation to surrounding buildings; (4) Design in relation to topography of the site; (5) Design in relation to proposed landscaping; and (6) Aesthetics of the proposed building, including color. 23C.10 Landscaping Requirements 23C.10.1 Landscaping Plan. A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other,plans .(i.e. architectural design, lighting, parking and signage) are submitted. This plan shall comply with the requirements stated in Section 23B.10.1. Screening shall be required per Plan Commission approval for a visual break from large expanses of overhead doors, storage areas, parking lots (see Section 23C.11), building walls, etc. 23C.10.2 Areas to be Landscaped (1) Greenbelt. The greenbelt shall be composed of grass and landscape areas, but no parking lots, through roads, buildings, accessory structures, etc. (2) Plantings Adjacent to Buildings. Foundation plantings shall be included around any building. These foundation planting areas need not be rectangular in shape. (3) Peripheral Planting. Minimum side and rear yard landscaping: (a) Next to existing residence(s): thirty (30) feet. (b) Next to Undeveloped Zoned Resident District (S-1, S-2, 143 R-1, R-2, R-3, R-4 and R-5): thirty (30) feet. (b) Next to Zoned Business or Manufacturing District or Development: eight (8) feet (side yard) and ten (10) feet • (rear yard). 23C.10.3 Landscaping Standards (1) The interior dimensions, specifications and design of any planting area or planting median proposed to be constructed shall be sufficient to protect the landscaping materials planted therein,and to provide for proper growth. (2) The primary landscaping materials used in the greenbelt and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc. (3) . The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges, and other planting material may be used to compliment the landscaping, but shall not be the sole contribution to the landscaping. (4) All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight to ten feet in overall height and have a minimum trunk diameter, twelve (12) inches above the ground, of two and one-half (2-1/2) inches upon planting. They should be of a variety which will attain an average mature spread greater than twenty (20) feet. (5) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan. 23C.10.4 Landscaping Installation and Maintenance (1) Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development. If it is not possible to install the required landscaping because of weather conditions, the property owner shall . . post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of 144 ZONING ORDINANCE Occupancy. (2) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free from refuse and debris. (3) Changes after Approval. No landscaping which has been approved by the Plan Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Plan Commission approval. (4) Inspection. The Director, or his duly appointed representative(s), shall have the authority to visit any lot within the U.S. Highway 421 - Michigan Road Corridor Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23C.11 Parking Requirements (1) Spaces required: see underlying primary zoning district. (2) Space Size: 9'0' x 20'0" or 10'0" x 18'0". (3) All parking lots and drives shall be paved with asphalt or concrete and poured in place concrete curbs shall be used. (4) Parking lots within front yards shall be limited to 85% of the front yard area, excluding sidewalks and greenbelt. (5) Parking areas within front yards shall be properly screened and subject to Plan Commission approval. (6) Handicapped parking shall meet State requirements and be in close proximity to building entrances. 23C.12 Lighting Requirements A Lighting Plan for the proposed development shall be filed as part of the ADLS review. All lighting standards, including those on buildings, security lights and architectural lights within the development area shall be j 145 of uniform design and materials. Parking lot and street lights shall also be . of uniform height. All lights shall be of a "down lighting" type with the light element completely shielded on all,sides and top. Lighting shall not cause illumination beyond any lot line or road right-of-way line in excess of 0.1 foot candles of light. 23C.13 Access to Individual Lots Frontage roads and common entrances shared by several businesses and developments shall be encouraged and may be required at the discretion of the Plan Commission. The Plan Commission will encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the Indiana Department of Highways. 23C.14 Other Requirements 23C.14.1 Outside Storage. Outside storage areas shall be allowed as shown on the development plan. Storage areas shall be screened and subject to Plan Commission approval. Trash collection areas shall be properly screened and enclosed. 23C.14.2 Loading Berths. Loading berths and trash collection areas shall be permitted per the demand of the business establishments and shall be identified on the development plan. Loading berths and overhead doors shall • . face to the side or rear of all buildings and be properly screened per Plan Commission approval. 23C.14.3 Emergency Access. All emergency access areas and facilities shall be shown on the site plan and reviewed by the Carmel Fire Chief. 23C.14.4 Signs. A Sign Plan for the proposed development shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting and parking) are submitted. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. 23C.14.5 Conforming Uses. A development plan (DP) shall be submitted to the Carmel Plan Commission for its approval when a legal non-conforming use is changed to a conforming use when: (1) Any new building is to be constructed. 146 (2) Any existing building or site development (addition of parking lot) is expanded by more than 30%. 23C.14.6 Non-Conforming Uses. A development plan (DP) shall be submitted to the Carmel Plan Commission for its approval when a legal non-conforming use is altered as follows: (1) A building is destroyed by more than 60%. (2) Any expansion of a building or site development (addition of parking lot). Normal maintenance and repair is exempt from the development plan approval requirement. (3) A change of ownership of a property. (4) If property or building is vacated for more than one year. 23C.15 Application Procedure 23C.15.1 Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review copies of the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall submit two (2) copies of the written application form, two (2) copies of the development plan (DP) and/or the required information on architectural design, landscaping, parking, signage, lighting and access (ADLS), as well as all. necessary supporting documents and materials. 23C.15.2 Initial Review of the Application and Supporting Documents and Materials by the Director: Submission to the Commission. Following the receipt of the written application, development plan (DP) and/or the required information on architectural design, landscaping, parking, signage, light and access (ADLS), and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be . forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete 147 ZONING ORDINANCE and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission, according to the Commission's Rules of. Procedure. The applicant shall file for each Plan Commission member a copy of the development plan and/or ADLS plans and supporting documents and/or materials. 23C.15.3 Approval or Denial of the Application by the Commission. An approved DP petition and/or ADLS petition shall be valid for two years from the date of approval. If construction of the building(s) has(have) not started at the end of the two year period, the DP and/or ADLS request must be reapproved by the Plan Commission. If the development plan and/or ADLS plans is(are) materially changed, resubmittal to the Plan Commission per Section 23C.2 for approval is required. If the petition is denied by the Commission, the Commission shall provide the applicant with a copy of said reasons, if requested. 24.0 Planned District Regulations . 24.1 The Planned District (R-5. B-4 and M-31 - Generally The Planned District is designed to permit, within the R-5, B-4 and M-3 zone districts, multi-use complexes or land use combinations of residential, commercial and noncommerical uses, or single-use residential, commercial or industrial projects, which due to excellence of planning, . design or function can be intermixed, grouped or otherwise uniquely located . . . with maximum cohesiveness, attractiveness and compatibility. Thus, the district provides flexibility and procedural economy, by permitting the . broadest range of land use choices within a single district, with adequate land use controls. Under the Planned District classification, particular regard can be given property with unique features or significance, such as unusual topography or landscape amenities; historical, architectural or social significance; or, other special land characteristics. The Planned District is intended to encourage greater creativity in land planning; to encourage superior site and structural design and development; to encourage an efficient, aesthetic and desirable use of open space; to provide for use of land with high functional and aesthetic values; and, to assure compatibility of land uses, both within the Planned District and with adjacent areas. It is intended to provide maximum flexibility in zoning districting and controls in order to meet the changing, diverse developmental needs of the community. 148 ZONING ORDINANCE 24.2 Preliminary Development Plan 24.2.1 The Preliminary Development Plan - Conformance. Whenever a planned development is proposed for land lying within the jurisdiction of the Commission and before any construction work on the development is started, the developer of the proposed planned development or his duly authorized representatives shall prepare and present a preliminary development plan as herein required for Commission approval. The preliminary development plan shall comply fully with the health, zoning and other applicable ordinances, laws and regulations in effect at the time the preliminary development plan is submitted. The preliminary development plan shall cover the total area which the applicant intends to develop at a planned development and shall indicate whether the'development shall be undertaken in one or more phases. Should a platting, variance or special use procedure be necessary as a portion of the development plan for the planned development, the procedure may be pursued prior to or simultaneously with the development plan requirements and procedures as dictated by the situation. If the parcel of land on which the proposed planned development is not zoned to permit a planned development, the application for rezoning may be filed simultaneously with the application for Planned District approval and processed together. The procedures for preliminary and final development plan approval may be'followed concurrently, if the applicant desires and so files, although no final development plan approval shall be granted by the Commission with respect to a phase of the development until it has granted preliminary development plan approval for the total development. 24.2.2 Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of his site to determine if it is correct to proceed with the development plan approval procedure, review the Planned District procedures and any other procedures involved in the project and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documentation as necessary. The applicant shall submit five (5) copies, or more if necessary, of the preliminary development plan, together with supporting documentation, and two (2) copies of the. written application form. 24.2.3 Initial Review of the Preliminary Development Plan and Su•.ortin. Documentation b the Director Submission to the Commission. Following the receipt of the written application, preliminary development plan and necessary supporting documents and/or materials by the Director, he - 149 ZON[NG ORDINANCE shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, then the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the preliminary development plan application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward development plan approval as hereinafter set forth. Within thirty (30) days following the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. The applicant shall file for each Plan Commission member a copy of the preliminary development plan and • supporting documents and materials. 24.2.4 Public Hearing by the Commission. When the Director has accepted and filed the application with the Commission, the Commission or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance to the Commission's Rules of Procedure. Following the public hearing, the preliminary development plan shall be reviewed by the Commission. 24.2.5 Approval or Denial of the Application by the Commission. In determining whether approval shall be granted, the Commission shall consider generally if the preliminary plan: (1) creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the Planned District and with adjacent uses; (2) provides sufficient and well-designed access, parking and loading areas; (3) provides traffic control and street plan integration with existing and planned public streets and interior access roads; (4) provides adequately for sanitation, drainage and public utilities; and (5) allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive 150 ZONING ORDINANCE or Master Plan of Carmel, Indiana. The Director shall notify the applicant of the approval or denial of the preliminary plan and, if approved, inform the applicant that he may proceed with the final development. If the Commission denies the preliminary plan, it shall set forth the reasons for such denial in its own records and shall provide the applicant with a copy of such reasons. 24.2.6 The Meaning of Approval. Approval of a preliminary development plan shall constitute approval of the land uses, densities and general scheme of development depicted on the preliminary development plan. Approval of the preliminary plan shall not constitute approval of the final development plan. • 24.3 Final Development Plan 24.3.1 The Final Development Plan - Conformance. A final • development plan shall include all of the planned area unless the planned development was preliminarily approved on the basis of development in phases, in which event a final plan may include one or more phases of development of the planned areas. A final development plan shall be consistent and in substantial conformity with the preliminary plan as approved by the Commission unless the applicant shows reasonable cause for the deviation from the approved preliminary development plan. A final development plan shall conform to all of the requirements for a final development plan as hereinafter set forth. 24.3.2 Application for Final Development Plan. The applicant shall submit five (5) copies, or more if necessary, of the final development plan, together with supporting documentation, and two (2) copies of the written application form. 243.3 Initial Review of the Final Development Plan and Supporting Documentation by the Director: Submission to the Commission. Following the receipt of the written application, final development plan and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, then the Director shall inform the.applicant of 151 ZONING ORDINANCE the deficiencies in said materials. Unless and until the Director formally accepts the final development plan application as formally filed for the purpose of proceeding to succeeding steps toward final development plan approval as hereinafter set forth. Within thirty (30) days following the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission according to the Commission's Rules and Procedure. The applicant shall file for each Plan Commission member a copy of the final development plan and supporting documents and materials. 24.3.4 Approval or Denial of the Application by the Commission. After submission of the final development plan by the Director, the Commission shall review the development plan and shall approve the final development plan unless it finds that the final plan is not consistent and in substantial conformity with the approved preliminary plan or fails to satisfy requirements imposed by the Commission as conditions to approval of the preliminary development plan. The Commission shall set forth in its records the reasons for its actions in approving or denying the final development plan and shall provide the applicant with a copy of said reasons if requested. If the Commission approves the final development plan it shall affix the Commission seal upon a mylar copy of the approved final development plan, together with the date of approval and the certifying signatures of the Commission president and secretary. The Commission shall inform the Director of its decision on the final development plan and, if approved, that he may issue Improvement Location Permits as required for the planned development upon the receipt by the City of the financial performance guarantees required herein. The Director shall inform the applicant of the Commission's decision concerning the final development plan, and if approved, that he may apply for Improvement Location Permits for the planned district upon filing the approved and recorded final development plan with the Director and the receipt of the financial performance guarantees by the City. 24.3.5 Filing the Final Development Plan. After the Commission has approved and signed the final development plan, the applicant shall file said approved development plan with the Recorder of Hamilton County, Indiana and shall file said approved and recorded development plan with the Director within sixty (60) days following approval. 24.3.6 Commencing Construction on the Planned Development. Any person to whom approval of a final development plan for a Planned District is granted shall commence construction within twenty-four (24) months from 152 ZONING ORDINANCE the date of such approval; or, approval of the final development plan granted by the Commission may be revoked. If construction has not commenced within said twenty-four (24) month period, then the developer shall, within sixty (60) days following the expiration of said twenty-four (24) month period, be required to demonstrate good cause to the Director why said final approval should not be revoked by the Commission. If the Director recommends an extension of the approval of the final development plan, the Commission may extend the time period allowed for commencement of construction for a period of up to twenty-four (24) months. Failure to do so as herein required shall result in the automatic revocation by the Commission of such final approval at the termination of the sixty (60) day period as set forth above. If final approval is revoked, the Director shall notify the developer in writing that he may no longer obtain Improvement Location Permits according to his final development plan. 24.3.7 Authorization. In no event shall any Improvement Location Permit be issued for improvements located in a Planned District prior to approval of the final development plan by the Commission, filing the approved final development plan with the Director and the receipt of the necessary financial performance guarantees by the City. 24.4 Requirements for Preliminary Development Plan The owner or developer of the proposed Planned District shall submit five (5) copies, or more if necessary, of the preliminary development plan with his application for development plan approval. The preliminary development plan for the Planned District shall be drawn to a scale of fifty (50) feet to one (1) inch or one hundred (100) feet to one (1) inch; provided, however, that if the resulting drawings would be over thirty-six (36) inches in shortest dimension, a scale recommended by the Director may be used. The development plan shall show: 24.4.1 Name. The proposed name of the planned development followed by the words "Preliminary Development Plan" and the date of submission or of the latest revision of the preliminary development plan. 24.4.2 Owner and Developer Information. Names, addresses and telephone numbers of the owner, developer and Registered Land Surveyor (in accordance with the State Statutes and licensed to do business in the State of Indiana) who prepared the preliminary development plan with his signature, 153 ZONING ORDINANCE seal and date. 24.4.3 Tract and Use Boundaries. Approximate bound lines of PP boundary the planned development tract showing dimensions, according to recognized practice, with reference to section, township and range. In addition, the approximate boundaries and acreage of each general land use area within the planned development shall be shown. 24.4.4 Streets and Rights-of-Way. Approximate locations of all existing, recorded or unrecorded, public or private streets and proposed major access streets and related rights-of-way on or adjoining the proposed planned development. 24.4.5 Contours - Existing. Contours at vertical intervals of one (1) foot if the general slope of the Planned District is less than three percent (3%), of two (2) feet if the general slope of the Planned District is three percent (3%) or more and less than ten percent (10%) or of five (5) feet if the general slope of the Planned District is ten (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929. 24.4.6 Water System. The approximate location, size and capacity of water mains intended to serve the site, including the off site routing and connection to an existing water main. 24.4.7 Sanitary Sewer System. The approximate location, size, capacity and direction of flow of sanitary sewer mains and lift stations, including the off site routing and connection to an existing sanitary sewage main. 24.4.8 Storm Drainage System. The approximate location, size, capacity and director of flow of all major elements of the storm drainage system. If storm sewers (or similar types of system) are proposed, show proposed connection to main system or method of disposition into stream, retention reservoir, etc.; distance to stream outlet; and, if appropriate, approximate size and location of lift stations. If surface drainage is proposed, show approximate location of major swales and typical cross-section of swales, roadside ditches, grassed waterways, water courses, open ditches, curbs and gutters, approximate location and size of culverts, and method of disposition into streams, retention reservoir, etc. If subsurface drain tile is proposed, show typical connection to storm sewer, outlet in open drain, retention reservoir or other adequate outlet. 154 ZONING ORDINANCE 24.4.9 Easements. The approximate location and widths of all existing easements, including stating their use for drainage, utilities or other purposes. 24.4.10 Flood Plains. The location of any flood plains, as indicated by the Flood Plain Districts (FP, FF and FW) cited herein. 24.4.11 Landscaping. A general description of proposed II landscaping. Existing wooded areas should be noted on the plan. 24.4.12 Layout. Approximate locations of the various features which will make up the planned development. This should form a conceptual plan citing approximate densities and proposed uses. 24.4.13 Other Parcels of Land. Parcels of land proposed to be dedicated or reserved for public schools, parks, playgrounds or other public use. 24.4.14 North Point and Scale. Both shall be shown on all sheets of the preliminary development plan. 24.4.15 Legends and Notes. Legends, notes, approximate total acreage within the planned development plan that would affect the planned development favorably or adversely. 24.5 Requirements for Preliminary Supporting Documentation The developer of the proposed Planned District shall, as dictated by the proposed development, submit two (2) copies, or more if necessary, of the following items to provide supplemental information to the preliminary development plan application: 24.5.1 Area Location Map. An area location map at a scale of 1" _ 1000'. The map shall show the proposed planned development and surrounding area. The area location map may be prepared on an existing base map and shall show the following: (1) The outline of the proposed planned development, its name and location; (2) Existing adjacent uses; (3) Existing adjacent zoning classifications and proposed uses; (4) Any thoroughfares directly related to the proposed planned 155 ZONING ORDINANCE development; (5) Watershed boundaries, number of acres within each watershed involved and the general overland flow pattern; and (6) The title of the area location map, its scale, north arrow, the date the information was placed on the map and the date the base map was prepared. 24.5.2 Soils Map. A soils map and its accompanying report from the Hamilton County Soil and Water Conservation District office showing the soil limitations based upon the intended usage of the land proposed for the Planned District. 24.5.3 Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the Planned District or with a direct bearing on the Planned District versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed Planned District and the traffic it would engender, particularly at peak periods. A circulation plan which will show recommendations for controlling, signalizing,.channelizing, parking, storing and warning both pedestrian and vehicular traffic. 24.5.4 Drainage Report. A brief report describing the general - elements of the proposed storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances. Among the necessary items of information are approximate locations, sizes, capacity, and typical cross-sections of the major drainage plan elements. The report should include (1) reference to legal drains located in the Planned District or relating to the Planned District; (2) the flooding potential of the Planned District; (3) the general design of a storm water system to deal with such flooding potential; and (4) the expected impact of the Planned District's storm water runoff on any receiving stream or downstream property. Where flood plains, as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood P lains. 24.5.5 Erosion Control Plan. A statement and general plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines 156 ZONING ORDINANCE • for urban development. 24.5.6 Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: police or sheriff departments; fire departments; water and sanitary sewer utilities; electric, gas, telephone and cable television utilities; city, county or state highway departments; Carmel-Clay Schools; Hamilton County Health Department, Surveyor, Drainage Boar d, and Board of Commissioners; Hamilton County Soil and Water Conservation District Office; Indiana National Resources Commission; Carmel Board of Public Works; and Director. 24.5.7 Metes and Bounds Description. An approximate metes and bounds description of the boundary of the tract which the Planned District encompasses. 24.5.8 Covenants. A general description of restrictions which will run with the land and become covenants affecting the use of the property within the Planned District. 24.6 Requirements for Final Development Plan A final development plan may include all or only a part of the area depicted on the preliminary development plan which has received Commission approval. If the final plan is presented in sections for approval, then the applicant shall provide a drawing of the plan of said section with all items included that are required for final development plan approval. The original mylar drawing of the final development plan and five (5) copies, or more if necessary, shall be drawn to a scale of fifty (50) feet to one (1) inch or one hundred (100) feet one (1) inch, provided that if the resulting drawing would be over thirty-six (36) inches in shortest dimension, a scale recommended by the Director may be used. The final development plan shall show: 24.6.1 Name. The proposed name of the planned development, followed by the words "Final Development Plan" and the date of submission or of the latest revision of the development plan. 24.6.2 Owner and Developer Information. Names, addresses and telephone numbers of the owner, developer and Registered Land Surveyor (in accordance with the State Statutes and licensed to do business in the.State of Indiana) who prepared the final development plan with his signature, seal and date. Source of title to the land proposed as a planned development as 157 ZONING ORDINANCE shown by the books of the Recorder of Hamilton County, Indiana, as proof of ownership. 24.6.3 Exterior Tract Boundaries and Spatial Location Information. Accurate tract boundary lines showing dimensions, angles, bearings, existing monuments, existing markers, reference corners and benchmarks. All shall be described according to recognized practice based on accurate distances and directions with reference to section, township and range. 24.6.4 Streets and Rights-of-Way. Accurate locations of all existing (recorded or unrecorded, public or private) and proposed streets and rights-of-way on or adjoining the proposed planned development. Names shall be shown, which shall not duplicate the names of other streets in the township, and roadway or pavement and right-of-way widths. 24.6.5 Contours. Contours at vertical intervals of one (1) foot if the general slope of the Planned District is less than three percent (3%), of two (2) feet if the general slope of the Planned District is three percent (3%) or more and less than ten percent (10%) or of five (5) feet if the general slope of the Planned District is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929. 24.6.6 Water System. The accurate location, size and capacity of all water mains, hydrants, valves and other necessary appurtenances on site plus the connection to the off site water main. 24.6.7 Sanitary Sewer System. The accurate location, size, capacity and direction of flow of all sanitary sewer mains, lift stations and other necessary appurtenances o n site plus the connection to the off site sanitary sewage main. 24.6.8 Storm Drainage System. The accurate location, size, capacity and direction of flow of all elements of the storm drainage system. If storm sewers (or similar type of system) are proposed, show connection to main system or method of disposition into stream, retention reservoir, etc., and the distance to stream outlet, lift stations, manholes, inlets,junction boxes and other necessary appurtenances. If surface drainage is proposed, show swales, roadside ditches, grassed waterways, water courses, open ditches, curbs and gutters, culverts and method of disposition into streams, retention reservoir, etc. If subsurface drain tile is proposed, show connection to storm sewer; outline in open drain, retention reservoir; or, other adequate outlet. Subsurface drains shall not outlet into shallow or intermittent open 158 ZONING ORDINANCE waterways or curbs. 24.6.9 Easements. The accurate location and width of all existing and proposed easements, including stating their use for drainage or utilities, including but not limited to water, sanitary sewer, storm sewer, electric, telephone, gas, street lights and cable television. 24.6.10 Flood Plains. The location of any flood plains, as indicated by the Flood Plain Districts (FP, FF and FW) cited herein. 24.6.11 Landscaping and Lighting. General locations of existing and proposed trees, shrubbery and screening materials as necessary. Accurate locations and type of proposed street and outdoor lighting as necessary. 24.6.12 Layout. Approximate locations of the various features which will make up the planned development, not otherwise mentioned herein, including but not limited to buildings, lots, storage areas and parking areas. This should form a conceptual plan citing approximate dimensions and proposed uses.• 24.6.13 Other Parcels of Land. Parcels of land proposed to be dedicated or reserved for public schools, parks, playgrounds or other public • use, private recreational facilities for the use of the people within the planned development and any other areas to be used for community purposes. 24.6.14 North Point and Scale. Both shall be shown on all sheets of the development plan. 24.6.15 Legends and Notes. Legends, notes, total acreage within the planned development, proposed densities and zoning classification. 24.6.16 Other Features. Other features or conditions shall be shown on the development plan that would affect the planned development favorably or adversely. 24.7 Requirements for Final Supporting Documentation The developer of the proposed Planned District shall, as dictated by the proposed development, submit two (2) copies, or more if necessary,of the following items to provide supplemental information to the final development plan application except that if there is no substantial change in the final development plan from the preliminary plan, then the item 159 CONING ORDINANCE submitted with the preliminary plan shall satisfy the requirements of this Section 24.7. 24.7.1 Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the Planned District or with a direct bearing on the Planned District versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed Planned District and the traffic it would engender, particularly at peak periods. A circulation plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic. 24.7.2 Drainage Plan. Detailed drawings and construction plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances, shall be included. Among the necessary items of information are locations, grades, sizes, capacity and typical cross-sections of the drainage plan elements. A report shall be included concerning: (1) legal drains located in the Planned District or relating to the Planned District, (2) the flooding potential of the Planned District, (3) the design of the storm water system to deal with such flooding potential and (4) the expected impact of the Planned District's storm water runoff on any receiving stream or downstream property. Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains. 24.7.3 Erosion Control Plan. A statement and plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention. basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines for urban development. 24.7.4 Landscaping Plan. A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission. 24.7.5 Lighting Plan. Specifics are required concerning the 160 ZONING ORDINANCE easements, locations, size, height, type and wattage of proposed street and outdoor lighting. 24.7.6 Signage Plan. All exterior signage proposed to be located in the planned development, subject to approval and obtaining of a sign permit prior to erection under the requirements of the Carmel-Clay Township Sign Ordinance, shall be shown and conformance or non-conformance with said ordinance shall be so noted. 24.7.7 Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: police or sheriff departments; fire departments; water and sanitary sewer utilities; electric, gas, telephone and cable television utilities; city, county or state highway departments; Cannel-Clay Schools; Hamilton County Health Department, Surveyor, Drainage Board, and Board of Commissioners; Hamilton County Soil and Water Conservation District Office; Indiana Natural Resources Commission; Cannel Board of Public Works; and Director. 24.7.8 Other Procedural Approvals. Should other procedures related to the development of the Planned District, such as subdivision platting, special use approval, variance approval, or zoning approval be necessary, the procedures shall be pursued prior to or simultaneously with the final development plan approval procedure. Under no circumstances shall a final development plan approval be approved while any other procedures relating to the application are pending. It shall be the responsibility of the applicant to provide verification to the Commission that all other approvals related to the final development plan are complete and in proper form prior to final development plan approval. 24.7.9 Other Construction Plans, Other specific construction plans shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross-sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. 24.7.10 Metes and Bounds Description. An accurate metes and bounds description of the boundary of the tract which is subject to final development plan approval. 161 LONNG ORDINANCE 24.7.11 Covenants. A list of the restrictions, if any, which will run with the land and become covenants affecting the use of the property within the area subject to final development plan approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana. 24.7.12 Construction Timetable. A or construction timetable o t schedule shall include the approximate timing of completion and/or . PP g com P occupancy of the improvements proposed in the area subject to final development plan approval. 24.7.13 Certification of Dedication. Certification of dedication of streets, rights-of-way and other public property to the proper authorities, except so much thereof as are intended to remain private. 24.7.14 Certificate of Commission Approval. Certificate of approval by the Commission shall be on each and every sheet of the development plan. 24.7.15 Exterior Elevations, Renderings, Etc. Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to final development plan approval, together with lighting, landscaping and signage plans, shall be submitted to the Commission in order to better define the intent of the proposed development in the Planned. District. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section 24.7.15 shall not apply to detached-single family residences. 24.8 Ownership Control The land in a Planned District should be under the control of the applicant at the time of final development plan application, although the Commission shall waive this requirement when there is a written agreement in covenant form among the two or more owners, their assigns, legal representatives, or agents, assuring that the current owners and any future owners shall cooperate in developing the total tract of the Planned District in conformity with the approved final development plan and the proposed schedule for developing the project. This instrument shall be recorded and shall remain a part of the approved development plan for the Planned District. 162 ZONING ORDINANCE 24.9 Provisions for Financial Performance and Maintenance Guarantees for Planned Districts As a prerequisite to final development plan approval on projects subject to new construction, the developer shall agree to provide financial performance and maintenance guarantees for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the Planned District. All construction shall be according to plans submitted as a portion of the final development plan application and accompanying data, subject to standards and specifications cited herein. 24.9.1 Performance Guarantee. Prior to or at the time of final development plan approval, the developer shall be required to provide a financial performance guarantee, by certified check, performance bond or an irrevocable acceptable letter of credit issued by a financial institution acceptable to the Plan Commission. Bonds, checks and letters are.to run to: A. City of Cannel jurisdiction: City of Cannel B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County The financial performance guarantee shall provide for the completion of all public facility improvements and installations required under the provisions of this ordinance, and shall be conditioned upon the following: (1) The completion of public facility improvements and installations within two (2) years from the approval of the final development plan. (2) A penal sum shall be fixed and approved by the Commission equal to one hundred percent (100%) of the total estimated current cost to the city or county of all public facility improvements and installations provided in the final development plan application and accompanying data according to specifications cited herein. (3) Each public facility improvement or installation provided in the final development plan application or accompanying data shall be bonded individually, or shall have an individual letter of credit or certified check to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facili ty improvements rovements and installations. 163 • ZONING ORDINANCE (4) The performance bond, certified check, or letter of credit'shall be issued in the name of the owner, developer, contractor or other responsible party. 24.9.2 Extension of Completion Time and Non-Performance (1) Should the developer not complete the public facility improvements and installations as herein required within the stated two (2) year period, the Director may approve an extension of up to two (2) years, granted at six (6) month intervals, for completion of the required public facility improvements and installations. (2) Should the developer not complete the public facility improvements and installations as herein required within the two (2) year period or within any time extension approved by the Director, the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, letter of credit, or performance bond. 24.9.3 Release of Performance Guarantee. Upon the faithful completion of the required public facility improvements and installations according to the final development plan and accompanying data and the specifications cited herein, the developer shall inform the Director who shall confirm that said public facility improvements and installations have been completed in conformity with this ordinance. Following said confirmation, the developer shall provide the Director with two (2) sets of "as built" plans showing the storm water drainage and storm sewer systems, water supply system, sanitary sewer system and monuments and markers as they were installed. The developer may then request the release of the performance guarantee posted with the appropriate authorities. Upon the receipt of a maintenance guarantee, as specified herein, the appropriate authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their performance guarantees. 24.9.4 Maintenance Guarantee. Prior to the release of the performance guarantee, the developer shall be required to provide a financial maintenance guarantee, by certified check or an irrevocable acceptable letter of credit issued by a financial institution acceptable to the Plan Commission 164 ZONING ORDINANCE payable to the appropriate authority, or by maintenance bond running to the appropriate authority, that all public facility improvements and installations required under the provisions of this ordinance shall be maintained according to specifications cited herein. Said financial maintenance guarantee shall be conditioned upon the following: (1) The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantee. (2) A penal sum shall be fixed and approved by the Commission but in no case shall the penal sum be less than fifteen percent (15%) of the total performance guarantee for streets and ten percent (10%) of the performance guarantee for all other public facility improvements and installations. the minimum maintenance guarantee to be posted for streets shall be no less than Five Thousand Dollars ($5,000.00). (3) Each public facility improvement or installation shall be bonded individually, or shall have an individual certified check or letter of credit to cover the penal sum, and shall not have the maintenance guarantee provided in combination with any of the other public facility improvements or installations. 24.9.5 Release of Maintenance Guarantee. All maintenance bonds, certified checks or letters of credit shall expire at the end of the three (3) year period for which they were established. Within sixty (60) days of the expiration date, the appropriate authority shall return said expired maintenance bonds, certified checks or letters of credit to the developer. In the case where a certified check or letter of credit has been posted as a maintenance guarantee, the developer shall, at the end of the three (3) year maintenance period, contact the appropriate authority in order to obtain the - release of the guarantee to the developer within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantees. 24.10 Project Completion Each phase of a planned development shall be completed according to the proposed schedule established by the final construction and development 165 ZONING ORDINANCE time table. All construction shall be in substantial accordance with the final development plan and accompanying documents and materials approved by the Commission. An extension of the developer's schedule of up to one (1) year may be granted by the Director. Further extensions in the construction and development time table shall be granted by the Commission upon a demonstration of good cause by the developer. 24.11 Modification of the Final Development Plan After a final development plan has been approved by the Commission and when, in the course of carrying out such plan, substantial changes, adjustments or rearrangements of buildings, parking area, entrances, lighting, utility provisions, storm water drainage, open spaces, landscaping, general. use layout and so forth are requested by the developer, he may file a change in the final development plan with the Director. Accompanying the application form shall be all necessary plans, documents and materials in order to demonstrate the effect of the proposed change in the final development plan. The application for such change shall be placed on the Commission's agenda according to the Commission's Rules of Procedure. The Commission shall review the application and related materials and shall approve or deny the proposed substantial change in the development plan. All changes shall be reviewed for reasonable conformity with the standards established by the final development plan and with the existing development within the Planned District and the surrounding area. If approved, the Director may issue Improvement Location Permits for the approved change plus any applicable sections of the original final development plan. If the change is denied, the original final development plan shall still be in force, if all conditions herein have been met. All other procedural approvals must be completed and approved before a change in a final development plan can be approved by the Commission. Where the change in the final development.plan alters items that have been platted, such as streets, lots or easements, the developer shall be required to file vacation of the original plat and to replat the tract of ground involved if otherwise required by law to do so. All changes in the final development plan approved by the Commission shall be recorded with the Recorder of Hamilton County, Indiana and filed with the Director within sixty (60) days following approval. 166 ZONING ORDINANCE 25.0 ADDITIONAL USE REGULATIONS II 25.1 Accessory Buildings and Uses 25.1,1 In the residential districts, no accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced; and, no accessory building shall be used unless the main building on the lot is also being occupied for the intended purposes. However, nothing shall prevent the use of a temporary construction facility for the storage of tools, material and equipment by a contractor during building construction. 25.1.2 No residential accessory building may be erected in front of a main building, or in the required front yard on the side of a corner lot, unless the accessory building is attached to the main building by a common wall. 25.1.3 A private residential garage or accessory building shall not exceed the living area of the primary structure. The combined square footage of the resident, garage and accessory building shall not exceed the maximum 35% lot coverage allowed. AMENDED BY Z-253 25.1.4 Filling station pumps and light standards may be located in the required front yard, but not within 30 feet of land which is used or zoned for residential use. 25.1.5 Trash recepticles must be enclosed in all commercial and industrial areas. 25.2 Fences 25.2.1 On residentially used or zoned lots of less than two acres, fences located within any required front yard shall not exceed forty-two (42) inches in height, as measured from the topmost point thereof to the ground adjacent to the fence. At least twenty-five (25) percent of its area shall be open as viewed on any line perpendicular to the vertical plane of the fence. Such open spaces must be reasonably dispersed throughout the entire area of the fence, except where solid stone or brick walls are permitted. 25.2.2 Residential fences located within any required side or rear yard shall not exceed six (6) feet in height, as measured from the topmost point thereof to the ground adjacent to the fence. 167 ZONING ORDINANCE 25.2.3 Residential fences not located within any required yard but within the buildable area shall not exceed nine (9) feet in height, as measured from the topmost point thereof to the ground adjacent to the fence. 25.2.4 Any fence placed upon an erected earth berm or masonry wall must govern its height as measured to the ground adjacent to said earth berm or wall. 25.2.5 Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16) feet, if such fences shall only enclose a regulation court area and standard apron areas. 25.2.6 Fences enclosing an institution, a public park, schools, and commercial or industrial property may consist of an open mesh fence not to exceed a height of ten (10) feet. 25.2.7 No sign, fence, wall, shrub or other obstruction to vision shall exist in the area designated as the vision clearance area of corner lots. 25.2.8 No fence shall be constructed within the approved subdivision retention/detention drainage facility easement. 25.3 Mobile Home Courts 25.3.1 Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than 5,000 square feet and a width of not less than 50 feet, and each mobile home court shall provide a total gross court area of not less than five (5) acres. The maximum gross density of the court shall be ten (10) units per gross acre. 25.3.2 Each mobile home site shall abut or face a clear unoccupied space, driveway, public or private roadway, or street of not less than twenty (20) feet in width, which shall have unobstructed access to a public highway or street. 25.3.3 Space between mobile homes may be used for the parking of motor vehicles if the space is clearly designated. Each mobile home unit shall have two parking spaces. 25.3.4 The mobile home court shall be surrounded by a fifty (50) foot wide landscaped strip. 168 ZONING ORDINANCE 25.3.5 A planting screen six (6) feet high is required where a mobile home court abuts a residential district. 25.3.6 The mobile home court shall provide a water distribution system and a sanitary collection system with connection to a public sanitary system. 25.3.7 Adequate stormwater drainage by surface and subsurface means shall be provided. 25.4 Recreational.Vehicles 25.4.1 Recreational vehicles may not be stored any closer to a lot line than three (3) times the maximum height of the recreational vehicle, except when completely enclosed. Non-motorized recreational vehicles may not be stored on a public right-of-way at any time. Motorized recreational vehicles may be stored on a public right-of-way for a period not to exceed ten (10) days per month. 25.4.2 At no time shall parked or stored vehicles be occupied or used for habitation as defined herein. 25.4.3 The owner of a recreational vehicle shall not park or store such vehicle in such a manner as to create a dangerous or unsafe condition on the property where parked or stored. Parking or storage of the recreational vehicle while not locked or chocked, whether loaded or not, shall be considered a dangerous and unsafe condition. 25.4.4 No recreational vehicle shall be connected to gas, electric, water or sanitary sewer service for purposes of habitation, except as cited herein. 25.4.5 Non-resident recreational vehicles may be parked in a front yard or driveway, not on the public right-of-way and used for habitation, including temporary connection to any appropriate utilities, for a period not to exceed ten (10) days per month. 25.5 Weeds and Solid Wastes 25.5.1 All developed or improved property in the Business, Industrial and Manufacturing Districts, and all developed or improved residential lots, shall be maintained so as to be free of weeds and other unsightly growth of 169 ZONING ORDINANCE plant materials. 25.5.2 Trash, garbage and all solid wastes shall not be stored outside of any building for a period of longer than seven (7) days, except when construction is in progress. 25.6 Grading Grading, filling, excavating or any change in the grade of any property is permitted, but shall not be detrimental to surrounding properties in appearance or in the diversion of storm water. • 25.7 Signs Signs shall be in accordance with the Carmel-Clay Township Sign Ordinance. 25.8 Temporary Construction Facilities Temporary construction facilities are permitted to remain on a job site during all phases of construction and must be removed within 30 days of the issuance of a certificate of occupancy. No permit is necessary for temporary construction facilities except where permanently connected to water and sewer utilities. 25.9 Drainage Any obstruction of the natural flow of drainage in the jurisdictional area of this ordinance is prohibited. 25.10 Required Community Facilities When community facilities (water, sanitary sewer, and storm sewer) are required in a particular zone district and one or all of the public systems are unable to support an additional load, the Plan Commission may grant approval for use of an alternative method of providing the service or services with the provision that public facilities will be utilized when they become available. 25.11 Principal Dwelling Structure - Minimum Width All single family or duplex dwelling units shall be required to be 170 ZONING ORDINANCE constructed with a width of no less than twenty-three (23) feet. 25.12 Satellite Receiving Antennas 25.12.1 Developmental Standards: (1) Satellite receiving antennas shall be permitted within all zoning districts of the City of Cannel and Clay Township subject to all applicable Federal, State, local and manufactures codes and guidelines with the following regulations as well as any and all review and approval procedures within the Carmel\Caly Zoning Ordinance. (2). All ground mounted satellite receiving antennas shall be located only within the rear yard of any residential and commercial principal structure as defined by the Carmel\Clay Zoning Ordinance. (3) Satellite receiving antennas shall not be allowed on the roof of any principal or accessory structure. (4) Only one (1) satellite receiving antenna shall be located on any one lot. (5) A satellite receiving antenna and support structure shall be limited to a maximum height of thirteen (13) feet. (6) A satellite receiving antenna having printed matter on its surface shall be treated as a sign relative of the Carmel-Clay Township Sign Ordinance. (7) A building permit shall be required prior to the erection of a satellite receiving antenna. (8) All cables, wires and connectors from a satellite receiving antenna to other equipment shall be buried underground. (9) A satellite receiving antenna shall not be located within five (5) feet of any property line, easement or public right-of-way. (10) All satellite receiving antennas shall be obscured from the view of adjacent property owners of public rights-of-way by: buildings, screen wall, fence, berm, evergreen planting or any combination thereof. Such screening devices shall be at least eighty percent (80%) 171 ZONING ORDINANCE obscuring when viewed from adjacent property or public road right-of-way, as approved by the Department of Community Development, Plan Commission and/or Board of Zoning Appeals when applicable. (11) All satellite receiving antennas shall be neutral or black in color and, to the extent possible, shall be compatible with the appearance and character of the neighborhood. 25.12.2 Application for Permit Requirements: (1) A plot plan showing the proposed location of the satellite receiving antenna. (2) A site plan, showing not only the building locations of the land parcel, but also building locations of properties on all sides of the subject land parcel. (3) A statement that the installation complies with all applicable building and electrical codes. (4) Once installed, the satellite receiving antenna shall be inspected by the Carmel Department of Community Development for compliance with all applicable requirements. 25.13 Mobile or Cellular towers are not allowed as a permitted use, special use, or accessory use in all residentially zoned districts. AMENDED Z-268. 172 ZONING ORDINANCE 26.0 ADDITIONAL HEIGHT, YARD AND LOT AREA REGULATIONS 26.1 Additional Height Requirements 26.1.1 In the residential districts limiting height to twenty-five (25) feet, a dwelling may be increased in height to thirty-five (35) feet provided the required side and rear yards are increased an additional foot f o r each foot such structure exceeds twenty-five (25) feet in height. 26.1.2 The height of all buildings in the B-1, B-2 and I-1 Districts may be increased if buildings are set back, from front, side and rear required yard or building lines, one (1) foot for each two (2) feet of additional height above the maximum building height requirement of the district, but not to exceed one hundred (100) feet.THIS SECTION WAS REPEALED PER Z-254. 26.1.3 The height of all buildings in the B-3, B-4, B-5, B-6 and B-7 Districts may be increased if the buildings are set back from front, side and rear required yard or building lines, one (1) foot for each one (1) foot of additional height above the maximum building height requirements of the district, but not to exceed one hundred (100) feet.THIS SECTION WAS REPEALED PER Z-254. 26.1.4 Upon approval by the appropriate authority chimney stacks, church spires, monuments, flagpoles, water towers, stage towers or scenery lofts, transmission/recieving towers may be erected to minimum height appropriate unless prohibited by other laws. Essential mechanical or utilitarian roof top appurtenances shall be screened, and upon the approval by the appropriate authority, such items and their screening may be erected to a minimum height apprpopriate unless prohibited by other laws or ordinances. Such appurtenances shall be defined as, but not limited to cooling towers, elevator bulkheads, conveyors, heating ventilation air conditioning equipment (HVAC), and roof top stairway access structures. AMENDED BY Z-256 & Z-269 26.2 Additional Yard Requirements 26.2.1 On lots fronting on two non-intersecting streets, a front yard must be provided on both streets (double frontage). 26.2.2 On corner lots there must be a front yard provided on both 173 ZONING ORDINANCE streets. On corner lots that are lots of record, the buildable width cannot be reduced to less than twenty-eight (28) feet, except that there shall be a side yard of at least five (5) feet along each side lot line. 26.2.3 Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage. 26.2.4 In the B, I and M Districts there may be more than one building on a lot provided that the required yards be maintained around the group of buildings. 26.2.5 There may be two or more related multi-family, hotel, motel or institutional buildings on a lot provided that (1) the required yards be maintained around the group of buildings, and (2) buildings that are parellel or that are within forty-five (45) degrees of being parallel be separated by a horizontal distance that is at least .equal to the height of the highest building. g g g 26.2.6 Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but any addition must provide the required yards. 26.2.7 Required front yards in residential districts shall be devoted entirely to landscaped area except for guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard. 26.2.8 The minimum width of side yards for schools, libraries, churches, community buildings, and other public and semi-public buildings in residential districts shall be twenty-five (25) feet, except where a side yard is adjacent to.a Business, Industrial or Manufacturing District, in which case the width of that yard shall be as required in the district in which the building is located. 26.2.9 Open, unenclosed porches (not under roof) or patios may extend ten (10) feet into a front yard. 26.2.10 Terraces which do not extend above the level of ground (first) floor may project into a required yard, provided these projections be a distance of at least two (2) feet from the adjacent side lot line. 174 ZONING ORDINANCE 26.2.11 No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard is required for a commercial or industrial building on the side of a lot adjoining a residential district. 26.2.12 Where a garage is entered from an alley, it must be kept ten (10) feet from the alley right-of-way line. 26.2.13 On corner lots the minimum buildable width of twenty-eight (28) feet for main buildings is reduced to twenty-two (22) feet for.accessory buildings. 26.2.14 Sills, belt courses, window air-conditioning units, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches. 26.2.15 Filling station pumps and pump islands may occupy required yards provided, however, that they are not less than thirty (30) feet from all residential lots. 26.2.16 Normal roof overhang, open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues shall be permitted to project into required yards for a distance of not more than forty-eight (48) inches when so placed as to not obstruct light and ventilation. 26.2.17 Accessory uses are permitted in the required front yard in the Business, Industrial and Manufacturing Districts. . 26.2.18 Where a reversed interior lot abuts a corner lot, or an alley separating such lots, an accessory building located on the rear lot line of a. corner lot shall set back from the side street as far as the dwelling on the reversed interior lot. For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four (4) inches closer to the side street line, but in no case closer than five (5) feet. 26.2.19 In Residence Districts: (1) One-half of an alley abutting the rear of the lot may be included in the required rear yard. 175 ZONING ORDINANCE (2) Where twenty-five (25) percent or more of the lots of record in the block are occupied by buildings, the average setback of such buildings determine the dimension of the front yard in the block. (3) Building lines or building set-back lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions except such building setback lines shall not be less restricting than this ordinance. 26.2.20 In Business, Industrial and Manufacturing Districts: (1) One-half of an alley abutting the rear of a lot may be included in the rear yard but such alley space shall not be included for loading and unloading berths. (2) Where twenty-five (25) percent or more of the lots of record in a block are occupied by buildings, the average setback of such buildings shall determine the dimension of the front yard in the block. (3) Parking is permitted in the required front yard in the Business and Industrial Districts. 26.3 Additional Lot Area and Width. Requirements 26.3.1 Where a lot of record has less area than herein required in the district in which it is located, and was of record on December 21, 1957, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nevertheless be used for a dwelling or for any non-dwelling use permitted in the district in which it is located. 26.3.2 In no circumstances, other than on a lot of record, shall the minimum lot width and lot size be less than that provided by this ordinance; however, the State Board of Health or the Hamilton County Board of Health may prescribe an increase in those minimums in accordance with their regulations. 26.3.3 Double frontage lots should not be platted except along arterial streets where lots may face on an interior street and back up to such thoroughfares. In that event, a planting strip easement, at least twenty (20) feet in width, shall be provided along the back of the lot. 176 ZONING ORDINANCE 27.0 ADDITIONAL PARKING AND LOADING REGULATIONS 27.0.1 The required number of parking spaces for any use permitted in a district is set forth in Section 27.6. The required number of loading spaces for any use permitted in a district is set forth in the regulations for that district. The following regulations establish requirements for computing spaces, the location of spaces and minimum improvements. 27.1. In computing the number of required off-street parking spaces the following rules shall apply: 27.1.1 Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined. 27.1:2 Where fractional spaces result, the parking spaces required shall be the nearest whole number. 27.1.3 In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 27.1.4 The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation. 27.1.5 Whenever a building or use is reconstructed or is enlarged to the extent of twenty (20) percent or more in gross floor area, said building or use in its entirety shall then and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than twenty (20) percent of the gross floor area shall be provided with additional parking based on the requirement for the enlargement or change. 27.2 Location of Required Parking Spaces All parking spaces required herein shall be located as follows: 27.2.1 The parking spaces required for residential buildings or uses shall be located on the same lot with the building or use served. 27.2.2 The parking spaces required for any other building or use may be located on an area within three hundred (300) feet of said building and two or more owners of buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the 177 ZONING ORDINANCE same lot with the building or use served, the usage of the lot or tract upon which said parking spaces are provided shall be restricted by an instrument of record describing the premises for which said parking is provided and assuring the retention of such parking so long as required by this ordinance. 27.2.3 Parking spaces in any Business, Industrial or Manufacturing District shall not be located closer than five (5) feet to any lot or parcel located in a residential district or used for residential purposes. 27.2.4 Parking spaces may be located on any part of a lot, unless otherwise specified herein. Parking spaces shall not be located in any required greenbelt or lawn area. 27.3 Commercial. Industrial. Manufacturing. Institutional and Multiple Family Residential Parking Facilities 27.3.1 Commercial parking lots and parking lots for business, industrial and manufacturing concerns shall be paved with a dustless, hard surface. All parking lots, garages and structures shall conform with the current standards of the City of Carmel. 27.3.2 All parking lots for commercial, industrial, manufacturing, institutional and multiple family residential uses shall be curbed. All parking lots shall be designed to provide adequate storm water drainage, including onsite detention capabilities. Traffic control in all parking lots shall be by means of curbed traffic islands. Design of the above requirements shall conform with the current standards of the City of Carmel. 27.3.3 A shelter for the use of a parking lot attendant may be maintained on the lot. 27.4 Additional Off-Street Loading Requirements - In all cases where the off-street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than fifty (50) feet in depth shall be provided on the lot on which the commercial, industrial or manufacturing use is located. 178 ZONING ORDINANCE 27.5 Amount of Parking Spaces Required Off-street parking spaces shall be provided and maintained for all uses in accordance with the following minimum requirements: USE Parking Requirements Amusement Arcade One space per 300 sq. ft. of floor area Antique shop One space per 300 sq. ft. of floor area Apparel shop One space per 300 sq. ft. of floor area Art gallery One space per 300 sq. ft. of floor area Art and music center One space per 300 sq. ft. of floor area Artificial lake or pond None (not a part of a plat) Auction room One space per 300 sq. ft. of floor area Auto parts and tire center One space per 300 sq. ft. of floor area Automobile or mobile homes One space per 300 sq. ft. of sales indoor area plus one space per 2,000 sq. ft. of outdoor sales area Automobile service station One space per pump plus one space per service bay Automobile or truck repair Two spaces per service bay (enclosed) Bakery One space per 200 sq. ft. of floor area Barber Shop One space per 300 sq. ft. of floor area Beauty shop One space per 300 sq. ft. of floor area Bicycle shop One space per 300 sq. ft. of floor area 179 ZONING ORDINANCE Billiard parlor One space per 300 sq. ft. of floor area Boarding or lodging house One space per bed Boat sales One space per 300 sq. ft. of indoor area plus one space per 2,000 sq. ft. of outdoor sales area Book store One space per 300 sq. ft. of floor area Bowling alley Five spaces per alley Business or commercial school Ten spaces per classroom Business and electronic One space per 300 sq. ft. of machines and equipment sales floor area Camera shop One space per 300 sq. ft. of floor area Candy or ice cream shop One space per 200 sq. ft. of floor area Carnivals, fairs, Fifty spaces per acre circuses, etc. Carpet and rug store One space per 300 sq. ft. of floor area Car wash (self-serve or Ten spaces per washing bay automatic) Catering establishment One space per 200 sq. ft. of floor area Cemetery One space per acre China or glassware shop One space per 300 sq. ft. of floor area Church, temple or other place One space per 4 seats in the of worship main place of assembly Clinic or medical health One space per 300 sq. ft. of center floor area Coin or philatelic store One space per 300 sq. ft. of floor area 180 ZONING ORDINANCE Cold storage locker One space per 300 sq. ft. of floor area College or University Ten spaces per classroom Commercial greenhouse One space per 1,000 sq. ft. of floor area Commercial parking lot One additional space per employee Commercial recreational One space per 200 sq. ft. of enterprise or facility interior area plus one space per 5,000 sq. ft. of outdoor area Commercial sanitary landfill One space per employee plus one or refuse dump space per four acres Commercial sewage, trash or One space per employee garbage disposal or recycling plant Commercial uses (retail and One space per 200 sq. ft. of office) floor area Commercial warehouse storage One space per 500 sq. ft. of interior area plus space per 1,500 sq. ft. of outdoor storage area Contractor's storage facility One space per 300 sq. ft. of floor area Country Club One space per 200 sq. ft. of floor area Craft and hobby shop One space per 300 sq. ft. of floor. area Dance hall One space per 200 sq. ft. of floor area Dancing academy One space per 200 sq. ft. of floor area Day nursery ' One space per employee plus one space per six students Delicatessen One space per 200 sq. ft. of floor area 181 ZONING ORDINANCE Department store One space per 300 sq. ft. of floor area Discount store One space per 300 sq. ft. of floor area Dressmaking shop One space per 300 sq. ft. of floor area Drive-in restaurant (curb One space per 50 sq. ft. of or window service) floor area Drug store One space per 300 s . ft. of floor area g P P q Dry Cleaning and Laundry One space per 300 sq. ft. of (pick-up & delivery only) floor area Dry cleaning establishment One space per 300 sq. ft. of floor area Duplicating and blueprint One space per 300 sq. ft. of establishment floor area Electrical appliance shop. One space per 300 sq. ft. of floor area Enclosed storage warehouse One space per 300 sq. ft. of floor area Exterminating shop One space per 300 sq. ft. of floor area Farm implement sales One space per 300 sq. ft. of indoor area pus one space per 2,000 sq. ft. of outdoor sales area Feed store One space per 300 sq. ft. of floor area Financial institution One space per 300 sq. ft. of floor area Flower shop One space per 300 sq. ft. of floor area Food products distributing One space per 300 sq. ft. of station floor area Fraternity or sorority One space per bed Fuel or ice sales One space per 300 sq. ft. of floor area 182 ZONING ORDINANCE Furniture store One q per space 300 s . ft. of floor area P P Furrier shop One space per 300 sq. ft. of floor area Garden shop One space per 300 sq. ft. of interior area plus one space per 500 sq. ft. of outdoor sales area General Offices One space per 300 sq. ft. of floor area Gift shop One space per 300 sq. ft. of floor area Golf Course Six spaces per hold Governmental facilities One space per 300 sq. ft. of floor area or (option) one space per 500 sq. ft. of floor area and one reserved space per 500 sq. ft. of floor area, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith Grain elevator One space per 300 sq. ft. of floor area plus one space per elevator Grocery store. One space per 200 sq. ft. of floor area Gunsmith One space per 300 sq. ft. of floor area Haberdashery One space per 300 sq. ft. of floor area Hardware store One space per 300 sq. ft. of floor area Health Food Store One space per 300 sq. ft. of floor area Health studio One space per 300 sq. ft. of floor area Heliport or other aircraft One space per employee plus landing facilities adequate additional spaces related to terminal use as approved by the Board 183 ZONING ORDINANCE Home occupation One additional space per 200 sq. ft. of dwelling devoted to home occupation Hospital One space per bed plus one space per employee Hotel, motel One space per room or suite Indoor theater One space per two seats Industrial establishments, Two spaces per three employees light or heavy or one space per 300 sq. ft. of floor area, which ever is greater, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith Insurance office One space per 300 sq. ft. of floor area Interior decorating shop One space per 300 sq. ft. of floor area Jewelry store One space per 300 sq. ft. of floor area Job printing shop One space per 300 sq. ft. of floor area Junk or material and/or One space per employee salvage yard Kennel, commercial Four spaces Kennel, residential (no additional requirements) Kindergarten One space per.employee plus one space per six students Laundry agency One space per 300 sq. ft. of floor area Laundry or dry cleaning plant One space per 300 sq. ft. of floor area Leather and luggage shop One space per 300 sq. ft. of floor area License bureau One space per 300 sq. ft. of floor area 184 ZONING ORDINANCE Locksmith or key shop One space per 300 sq. ft. of floor area Lumber or building materials One space per 300 sq. ft. of sales (enclosed) floor area Lumber or building materials One space per 300 sq. ft. of storage (unenclosed) interior area plus one space per 500 sq. ft. of exterior area Machinery and equipment One space per 300 sq. ft. of sales and services (enclosed) floor area Machine shop One space per 300 sq. ft. of floor area Manufacturing facilities Two spaces per three employees or one space per 500 sq. ft. of floor area, whichever is greater, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith Meat market One space per 500 sq. ft. of floor area Medical buildings One space per 250 sq. ft. of floor area Medical/Optical Laboratory One space per 300 sq. ft. of floor area Meeting or party hall One space per 200 sq. ft. of floor area Millinery shop One space per 300 sq. ft. of floor area Mineral extraction, borrow One space per employee pit, top soil removal and their storage Mobile home, temporary uses (depends upon proposed use) (one year maximum) Mobile home court Two spaces per mobile home Monument sales One space per 300 sq. ft. of floor area 185 ZONING ORDINANCE Mortuary and/or crematory One space per 50 sq. ft. of public floor area Motor bus or railroad One space per employee plus two passenger station spaces per seat in waiting area Multiple-family dwelling Two spaces per dwelling unit Newsdealer One space per 300 sq. ft. of floor area Newspaper publishing or One space per 300 sq. ft. of printing plant floor area Nursing, retirement or One space per bed plus one space convalescent facility per employee Office building One space per 300 sq. ft. of floor area Office supply store One space per 300 sq. ft. of floor area Office uses not related to One space per employee plus permitted manufacturing or one space per 200 sq. ft. of other uses sales floor area Open hearth and blast furnace, One space per employee coke ovens, brick yards and kilns Optician and optical supply One space per 300 sq. ft. of floor area Orthopedic and medical One space per 300 sq. ft. of appliance and supply sales floor area Outdoor theater One additional space per employee Paint and wallpaper store One space per 300 sq. ft. of floor area Pawnshop One space per 300 sq. ft. of floor area Penal or correctional One space per employee plus one institution space per five inmates 186 ZONING ORDINANCE Pet shop One space per 300 sq. ft. of floor area • Photographic studio One space per 300 sq. ft. of floor area Photo pick-up station Two spaces (drive through type) Picture framing shop One space per 300 sq. ft. of floor area Plant nursery One space per 300 sq. ft. of indoor area plus one space per acre Plumbing supply shop One space per 300 sq. ft. of floor area Post Office or postal station One space per official vehicle plus one space per employee plus one space per 500 sq. ft. of floor area Power Generating Plant One space per employee Power transmission line None Printing Shop One space per 300 sq. ft. of floor area Private airplane or One space per aircraft plus one helicopter landing and/or space per employee service facility Private club or lodge One space per 200 sq. ft. of floor area plus one space per two seats (seating capacity) in main place of assembly Private recreational One space per 200 sq. ft. of development or facility interior area plus one space per 5,000 sq. ft. of outdoor area Private water treatment One space per employee and/or storage facilities Professional office One space per 300 sq. ft. of floor area Race Track Eighty spaces per acre 187 ZONING ORDINANCE Radio and/or television One space per 300 sq. ft. of sales studio floor area Radio or television One space per employee transmission tower Raising and breeding of None non-farm fowl and animals Real estate office One space per 300 sq. ft. of floor area II Recording studio One space per 300 sq. ft. of floor area Record shop One space per 300 sq. ft. of floor area Recreational uses, related to One space per 200 sq. ft. of residential character of floor area or enclosed area district and one space per 5,000 sq. ft. of outdoor area Recreational vehicle sales One space per 300 sq. ft. of indoor area plus one space per 2,000 sq. ft. of outdoor sales area Reducing salon One space per 300 sq. ft. of floor area Religious or charitable One space per 300 sq. ft. of institution floor area Rental agency One space per 3.00 sq. ft. of floor area plus one space per 1,000 sq. ft. of outside display and storage area Research laboratory One space per 300 sq. ft. of floor area Restaurant or fast food One space per every 2.5 patron operation (no outside seats, plus one space per service) employee per largest shift Retail sales and service of One space per employee plus products not manufactured one space per 200 sq. ft. and/or assembled on site of sales floor area • 188 ZONING ORDINANCE III Riding stable .One space per stall Roadside sales stand Ten spaces School of general elementary One space per employee plus two or secondary education spaces per classroom (accredited by the state) (elementary) or ten spaces per classroom (secondary) Second hand store One space per 300 sq. ft. of floor area Self-service laundry One space per 200 sq. ft. of floor area Sheet metal shop One space per 300 sq. ft. of floor area Shoe repair shop One space per 300 sq. ft. of floor area Shoe store One space per 300 sq. ft. of floor area Shooting gallery One space per 300 sq. ft. of floor area Showroom, for articles to be One space per 300 sq. ft. of sold at retail floor area Sign shop One space for 300 sq. ft. of floor area Single-family dwelling Two spaces per dwelling unit Skating rink One space per 200 sq. ft. of floor area Specialized contractor shop One space per 200 sq. ft. of floor area Sporting goods store One space per 200 sq. ft. of floor area Stadium or coliseum One acre per four seats Stationer One space per 300 sq. ft. of floor area Storage, utilization or One space per employee manufacture of explosive materials (does not include petroleum products) 189 • ZONING ORDINANCE Storage, utilization or One space per employee manufacture of flammable liquids or gases other than those used by the manufacturing establishments in their operations activities Storage of material not One space per employee manufactured or assembled on-site Supermarket One space per 200 sq. ft. of floor area Tailor and pressing shop . One space per 300 sq. ft. of floor area Tavern or night club One space per 100 sq. ft. of floor area Taxidermist One space per 300 sq. ft. of floor area Tennis or racquetball Two spaces per court facility Tobacco shop One space per 300 sq. ft. of floor area Toy shop One space per 300 sq. ft. of floor area Transportation facilities One space per employee Travel service bureau One space per 300 sq. ft. of floor area Trucking Terminals One space per employee plus adequate additional spaces related to terminal use as approved by the Board Two-family dwelling Two spaces per dwelling unit Upholstery and/or drapery One space per 300 sq. ft. of shop floor area Utility company business One space per 300 sq. ft. of office floor area 190 ZONING ORDINANCE Variety store One space per 300 sq. ft. of floor area Veterinary hospital, with One space per 300 sq. ft. of kennel floor area Veterinary hospital, without One space per 300 sq. ft. of kennel floor area Warehouse facilities One space per employee Water management and use None facilities Welding shop One space per 300 sq. ft. of floor area Wholesale establishment One space per 300 sq. ft. of floor area Wholesale Sales One space per employee plus one space per 600 sq. ft. of sales floor area • 191 ZONING ORDINANCE 28.0 NONCONFORMING USES AND EXEMPTIONS 28.1 Legal Nonconforming Use Specifications A legal nonconforming use may be continued, although such use does not conform to all the provisions of this ordinance, as hereinafter provided: 28.1.1 A legal nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law. Existing residences in the various Business and Industrial Districts may be structurally altered and expanded. 28.1.2 A legal nonconforming use may be changed to another legal nonconforming use of the same restrictions, provided no structural alterations are made in the building. Whenever a legal nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a legal or an illegal nonconforming use. 28.1.3 No building shall be erected upon any premises devoted to a legal nonconforming use, except in conformance with the applicable provisions of this ordinance. 28.1.4 Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit or Improvement Location Permit has been heretofore issued, and the construction of which has commenced and has been diligently pursued within one (1) year of the date of issuance of such permit, and which entire building shall be completed according to such plans within three (3) years from the date of passage of this ordinance. 28.1.5 In the event that a legal nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of said building or premises shall thereafter conform to the applicable provisions of this ordinance. 28.1.6 Existing uses eligible for special use approval shall not be considered legal nonconforming uses nor require special use approval for continuance but shall require special use approval for any alteration, enlargement or extension. 28.1.7 These provisions shall apply in the same manner to any use which may become a legal nonconforming use due to a later amendment to 192 ZONING ORDINANCE this ordinance. 28.2 Illegal Nonconforming Use Specifications An illegal nonconforming use shall not be validated by the adoption of this ordinance. 28.3 Nonconforming Use in a FP, FW or FF District A legal or illegal nonconforming use located in a FP, FW or FF District shall not be expanded or enlarged without a permit for construction from the Indiana Natural Resources Commission plus adherence to the appropriate restrictions herein. 28.4 Nonconformance Exemptions . A building nonconforming only as to height, lot area or yard requirements may be altered or extended, provided that ay extension meets all of the height, yard and other applicable provisions of this ordinance. 28.5 Intermittent Use • The casual, intermittent, temporary or illegal use of land, buildings or premises shall not be sufficient to establish the existence of a nonconforming • use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. 28.6 Existence of a Nonconforming Use In circumstances where there is question whether or not a nonconforming use exists, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board. 28.7 Exemptions The following structures and uses shall be exempt from the provisions of this ordinance: 28.7.1 Wires, cables, conduits, vaults, laterals, pipes, mains, valves 193 ZONING ORDINANCE or other similar equipment for the distribution to consumers of telephone or • other communications, electricity, gas or water and the collection of sanitary sewage or surface water operated and/or maintained by a government entity or a public utility, including customary meter pedestals, telephone pedestals, distribution transformers and temporary ry utili ty facilities required during construction, whether any such facility is located underground or above ground, but only when such franchised utility facilities are located in a street right-of-way or in an easement less than twenty-five (25) feet in width. The provisions of this ordinance shall be complied with on all private property and in easements twenty-five (25) feet in width and over. 28.7.2 Railroad tracks, rights-of-way signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment. 28.7.3 Farms, as defined herein, are permitted in all districts. Dwellings and major (over 400 square feet) accessory buildings are subject to obtaining Improvement Location Permits for construction. 28.7.4 Nothing in this ordinance shall prevent the restoration of a building or structure destroyed less than forty (40) percent of its market value at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this ordinance; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than forty (40%) percent and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed forty (40%) percent or more shall be subject to obtaining an Improvement Location Permit and payment of fees. 28.7.5 All City of Carmel and Clay Township governmental facilities and buildings are exempt from the zoning requirements and procedures listed herein. AMENDED BY Z-267 194 ZONING ORDINANCE 29.0 ADMINISTRATION 29.1 The City Council The authority and duties of the City Council established by this Ordinance and detailed herein are: 29.1.1 Consider amendments to the written zoning regulations. (See Section 31.6) 29.1.2 Consider amendments to the Zoning District Map. (See Section 31.6) 29.2 The Commission The authority and duties of the Commission established by this Ordinance and detailed herein are: 29.2.1 Advise the City Council in writing on amendments to the written zoning regulations. (See Section 31.6) 29.2.2 Advise the City Council in writing on amendments to the Zoning District Map. (See Section 31.6) 29.2.3 Consider development plan applications for Planned Districts. (See Section 24.0) 29.2.4 Consider DP and ADLS applications for Overlay Zone Districts. (See Sections 23A.0, 23B.0, and 23C.0) 29.3 The Board The authority and duties of the Board established by this Ordinance and detailed herein are: 29.3.1 Consider special use applications. (See Section 21.0) 29.3.2 Consider variance applications. (See Section 30.0) 29.3.3 Consider appeals. (See Section 30.0) 195 ZONING ORDINANCE 29.3.4 Final interpretation of zoning district boundaries. (See Section 4.6) 29.3.5 Make decisions concerning the existence of nonconforming uses. (See Section 30.6) 29.4 The Director 29.4.1 It shall be the duty of the Director to administer and enforce this Ordinance. All permits, certificates of occupancy and so forth are issued by the Director, and he shall be responsible for determining that all such permits required herein are in compliance, with the terms of this Ordinance. He shall receive applications required by this Ordinance, furnish prescribed documents and forms, issue notices or orders as may be necessary, regulate and administer all matters pertaining to zoning, subdivision and signage control within the jurisdiction of the Commission, including the retention of all records related thereto with the exception of official documents required to be retained by the Clerk-Treasurer. All such records shall be.open to public inspection during normal office hours, but shall not be removed from the office of the Director. 29.4.2 Improvement Location Permits (1) Unless otherwise excluded, it shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, removal or demolition of a building or structure, without first filing a written application with the Director and obtaining an Improvement Location Permit. (2) Every application for an Improvement Location Permit shall be accompanied by: (a) a site plan, drawn to scale, showing locations of proposed and existing improvements, easements and rights-of-way and the appropriate dimensions; (b) a legal description of the real estate involved; (c) a sewer or septic permit, as appropriate; (d) building elevations on all four sides of the proposed improvement; and (e) the necessary detailed construction plans. In instances where application for an Improvement Location Permit is made for a business, industrial, manufacturing, institution or multiple family 196 ZONING ORDINANCE structure, the Director may require detaile d plans s an information ion concerning vehicular and pedestrian traffic, parking facilities, loading facilities, lighting, fencing, landscaping, water and sanitary sewage facilities, storm water drainage facilities, signage, easements, common facilities and open spaces, Administrative Building Council approvals and so forth. (3) The Director shall approve or deny the Improvement Location Permit within five (5) working days of the receipt of the written application form and accompanying materials. The Improvement Location Permit shall be issued when the proposed structure, improvement or use and its location conform in all respects to this Ordinance. (4) The Director shall issue an Improvement Location Permit for a variance use, a special use, an appeal use or a Planned District use only after the appropriate approvals have been granted. (5) No Improvement Location Permit shall be issued for the erection, reconstruction or structural alteration of any building before application has been made for a Certificate of Occupancy. (6) The Director, during his review of Improvement Location Permits, shall assure that all National Flood Insurance Program regulations pertaining to State and Federal permits, subdivision review, mobile home tie down standards, utility construction, record keeping, water-course alteration and maintenance and building permit review procedures have been met. 29.4.3 Certificate of Occupancy (1) . No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a Certificate of Occupancy shall have been issued by the Director stating that the building and use comply with all of the provisions of this Ordinance applicable to the building, premises or the use of the district in which it is to be located. (2) Upon completion of the improvement covered by the Improvement Location Permit requiring a Certificate of Occupancy, the Director shall inspect the premises and, if his inspection shall 197 ZONING ORDINANCE reveal that the improvement has been completed in substantial conformity with this Ordinance and all other city codes or adopted state or national codes, he shall issue a Certificate of Occupancy. (3) A Certificate of Occupancy shall be applied for coincidentally with the application for an Improvement Location Permit and shall be issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building or other improvement of the premises shall have been completed and inspected and approved by the Director. 29.4.4 Records of the Director. The Director shall retain records of the following items: (1) Copies of Improvement Location Permits plus associated building permits and informational materials. (2) Copies of Certificates of Occupancy, both permanent and temporary. (3) Copies of demolition permits. (4) Approved and signed subdivision plat mylars. (5) Approved and signed development plans. (6) Files on all activities of the Board of Zoning Appeals, the City Council and the Plan Commission, such as for the subdivision platting process, appeals, variances, special uses, development plans for planned districts, zoning amendments (text and map changes), nonconforming use determinations and zoning district boundary determinations. Said files should include, but not be limited to, application forms, newspaper published legal notices, record of the notice to adjoining and abutting property owners, plans and other required or necessary information concerning the application and minutes of the applicable body that pertain to the application. 29.5 The Clerk-Treasurer It shall be the duty of the Clerk-Treasurer to retain the official copy of the zoning ordinance and all amendments thereto and the official zoning district map. All official zoning materials shall be available for public II 198 ZONING ORDINANCE viewing in the office of the Clerk-Treasurer during normal office hours. 199 ZONING ORDINANCE 29.6 Filing Fees Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the filing fees hereinafter specified, and shall be paid to the City of Carmel and collected by the Department of i Development: Community ment:p 29.6.1 Filing Fees* 1. Preliminary Plat $300.00 plus $5.00 per lot 2. Amended Plat (Primary or Secondary) $100.00 3. Final Plat $100.00 4. Zoning Ordinance Amendment $250.00 5. Variance, requirement $100.00 plus $50.00 for each additional variance 6. Variance, use $250.00 7. Variance, sign $ 50.00 8. Variance, subdivision $100.00 9. Amended Special use $100.00 10. Special use, single and two-family residential $100.00 11. Special use, all other uses $250.00 12. Preliminary Development Plan (DP) $250.00 13. Final DP $100.00 14. Amended DP $200.00 15. Appeal 00.00 16. Temporary Variance - original application or renewal $ 50.00 (applies to all new and previously approved variances) 17. Architectural, Design Lighting and Sign Approval (ADLS) $250.00 18. Amended ADLS $100.00 * These fees include two (2) reviews by the Carmel Department of Community Development. Additional reviews shall cost $100 per review.for 200 ZONING ORDINANCE #'s 1-9, 12, 13, 14, 16, 17, and 18, and $50 per review for #10. 29.6.2 Improvement Location Permit Fees (filing and inspection fees). • 1. Industrial and Commercial (including churches, public buildings and private schools) $250.00 plus 5.10 per gross sq. ft., includes base inspections 1, 2, 3, 4 and 5. 2. Commercial parking lot or structure $50.00 plus $.02 per sq. ft. 3. Any temporary permit (up to one year) for industrial, commercial, and institutional buildings one-half (1/2) the cost of the building or structure, plus applicable inspection fees. Renewable annually. 4. Single-family $250.00 plus $.06 per sq. ft. over 1600 sq. ft. of total floor area, includes base inspections 1, 2, 3, 4and5. 5. Two-family dwelling $250.00 plus 5.06 sq. ft. over 2500 sq. ft. of total floor area, includes base inspections 1, 2, 3, 4 and 5. 6. Multi-family dwelling (of any construction type or ownership classification) $100.00 per unit, plus applicable inspection fees 1, 2, 3, 4 and 5. 7. Dwelling Additions: 201 ZONING ORDINANCE a. Up to 3 rooms total; attached garage or carport, enclosed porch $25.00 plus $.02 per sq. ft., plus applicable inspection fees 1, 2, 3, 4and5. b. Greater than 3 rooms $25.00 plus $.02 per sq. ft., plus applicable inspection fees 1, 2, 3, 4 and 5. 8. Detached garage or carport up to two (2) spaces $25.00, plus applicable inspection fees 1, 2, 3, 4 and 5. 9. All accessory buildings or structures with or without permanent foundations (excluding farm buildings under 400 sq. ft.) $25.00 plus $.02 per sq. ft. over 500 sq. ft. of total floor area, plus applicable inspection fees, 1, 2, 3, and 4. 10. Swimming Pool, (in or above ground, portable or stationary, with minimum dimensions of two (2) ft. depth and twelve (12) ft. diameter) $100.00 plus $.02 per sq. ft. of total pool area plus patio area, plus applicable inspection fees 1, 4 and 5. 11. Mobile Home Parks $100 for admin. and service building with up to 10 mobile home spaces, then $10 per mobile home space. 12. Structural Modification (Remodeling): 202 ZONING ORDINANCE a. Residential $25.00, plus applicable inspection fees 3 and 4. b. Commercial & Industrial $25.00, plus applicable inspection fees 3 and 4. c. Tenant Space Finish $180.00 plus $.04 per sq. ft., includes base inspections 3 and 4 and certificate of occupancy fee. d. Moving or changing location of building or structure (except • mobile homes and other building with non-permanent foundations $25.00, plus inspection fees. 13. Mobile Homes (manufactured homes under 750 sq. ft.) $20.00 for mobile homes placed upon permanent foundations other than in a mobile home park, plus applicable inspection fees 1, 2, 3, 4 and 5. 14. Roadside sales business and tents, temporary structures (Six (6) month temporary permit, includes one (1) temporary sign with 32 sq. ft. area maximum) $50.00, plus applicable inspection fees 2 and 4. 15. Satellite receiving antenna $40.00. 203 ZONING ORDINANCE 16. All Inspections and Re-Inspections (refer to 29.6.6): a. Residential (single and two (2) family) $35.00 per inspection trip. b. Commercial & Industrial $65.00 per inspection trip. 29.6.3 Sign Fees 1. Sign permit application $25.00. 2. Sign erection - Improvement permit $20.00 per sign face plus per $1.00 sq. ft. over 32 sq. ft. 29.6.4 Certificate of Occupancy Fees 1. Residential $15.00 per dwelling unit. 2. Industrial, Commercial and Institutional Bldgs. $30.00 per leased section. 29.6.5 Demolition Permit Fees Demotion of removal of buildings or structures $50.00 for the first building or structure plus $25 for each additional building or structure. 29.6.6 Inspections (Additional) 1. Footing and underslab plumbing: - a. Residential $35.00 per inspection trip. b. Commercial/Industrial $65.00 per inspection trip. 2. Electrical - temporary 204 ZONING ORDINANCE pole and meter base: a. Residential $35.00 per inspection trip. b. Commercial/Industrial $65.00 per inspection trip. 3. Rough-in (electrical, plumbing, heating & air conditioning): a. Residential $35.00 per inspection trip. b. Commercial/Industrial $65.00 per inspection trip. 4. Final structure: a. Residential $35.00 per inspection trip. b. Commercial/Industrial $65.00 per inspection trip. 5. Final site: a. Residential $35.00 per inspection trip. b. Commercial/Industrial $65.00 per inspection trip. 6. All Other Inspections: a. Residential $35.00 per inspection trip. b. Commercial/Industrial $65.00 per inspection trip. 29.6.7 Late Fees for Permits Late fees shall be assessed for business and manufacturing operations started or under way prior to obtaining required permits, inspections, and Certificates of Occupancy: a. Single-family Normal Fee + $100.00 late fee. b. Multi-family Normal Fee + $100.00 late fee. c. Commercial Normal Fee + $100.00 late fee. d. Industrial Normal Fee + $100.00 late fee. 205 ZONING ORDINANCE e. All Other (including signs, pools, accessory buildings, porches, room additions, barns, or storage buildings, etc.) Fee plus $50.00 late fee within five (5) days after official notice of the violation from the Dept. of Community Development. The fee will be increased by $5.00 per day as long as the violation continues, up to, but not to exceed $2500.00. 29.6.8 Late Fees on Inspections Late fees shall be assessed after the applicant has received one official notice from the Department of Community Development of a violation in the following fashion: 2nd time 3rd time 4th time + S.F. $100.00 $250.00 $500.00 M.F. $100.00 $250.00 $500.00 Corn. $100.00 $250.00 $500.00 Ind. $100.00 $250.00 $500.00 Oth. $ 50.00 $100.00 $250.00 Additional permits will not be issued by the Department of Community Development to any individual, firm, or corporation until all previously required permits, inspections and Certificates of Occupancy have been issued and all fees paid. 206 ZONING ORDINANCE 29.6.9 Sub-Contractors License Fees Mechanical $25.00 per application. Electrical $25.00 per application. Plumbing $25.00 per application. 29.6.10 Exemptions from Fees The listed fees are waived for all City of Cannel and Cannel/Clay School System buildings or facilities, except for inspection fees. 207 CONING ORDINANCE 30.0 BOARD OF ZONING APPEALS The Board is hereby established with membership and appointments r vided in accordance with Sections 66-69, inclusive, of Chapter. 174 of the provided Acts of 1947 of the Indiana General Assembly and all acts amendatory thereto. Detailed herein are the procedures and so forth relating to Board activities. 30.1 Appeals to the Board The Board may hear, review and determine appeals taken from any order, requirements, decision or determination made by the Director or any administrative official or board charged with the enforcement of the zoning or subdivision control ordinance of the City of Carmel. All appeals shall be filed with the Director within thirty (30) days of the action to be appealed. An appeal shall also be filed where the Board is required to determine a zoning district boundary or the existence of a nonconforming use. 30.2 Appeal Procedure 30.2.1 Consultation with the Director and Application. Appellants shall meet with the Director in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. 30.2.2 Initial Review of the Application and Supporting Documents and Materials by the Director: Submission to the Board. Following the receipt of the written appeal application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his materials. Unless and until the Director formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward Board consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Board agenda by the Director 208 ZONING ORDINANCE • according to the Board's Rules of Procedure. 30.2.3 Public Hearing by the Board. Once the Director has accepted and filed the appeal application with the Board, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance with the•Board's Rules of Procedures. 30.2.4 Approval or Denial of the Appeal by the Board. Following the public hearing on the appeal, the Board shall approve or deny the appeal. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the officer or Board from whom the appeal is taken. Upon reaching a decision on the appeal request, the Board shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Board shall inform the Director and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Board. 30.3 Stay of Work When an appeal from the Director or any official or Board has been filed with the Board, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless the official or Board from whom the appeal was taken shall certify to the Board that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board or by a court of competent jurisdiction, on notice to the official or Board from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director shall have full power to order such work discontinued or stayed and to call upon the police power of the city or county to give full force and 209 ZONING ORDINANCE effect to the order. 30.4 Variances The Board may authorize in specific cases such variance from the terms of the zoning ordinances as will, not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said ordinances will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of use, the Board shall determine in writing that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; (3) The need for the variance arises from some condition peculiar to the property involved; (4) The strict application of the terms of the zoning,ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and (5) The approval does not interfere substantially with the comprehensive plan. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board shall determine in writing that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in use of the property. 210 ZONING ORDINANCE 30.5 Variance Procedure li 30.5.1 Consultation with the Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the use and development of the property and to consider the proposed variance. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. 30.5.2 Initial Review of the Application and Supporting Documents and Materials by the Director. Following the receipt of the written variance application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in his materials. Unless and until the Director formally accepts the variance application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward approval of the variance application as hereinafter set forth. The variance application is formally filed when it is placed upon the Board agenda by the Director, according to the. Board's Rules of Procedure. 30.5.3 Public Hearing by the Board. Once the Director has accepted and filed the variance application with the Board, he shall assign a docket number and set a date and time for a public hearing_as required by the Rules of Procedures of the Board. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance with the Board's Rules of Procedure. 30.5.4 Approval or Denial of the Application by the Board. Following the public hearing on the variance application, the Board shall approve or deny the application. The Board, upon approval of a variance application, may at its discretion, determine the length of time the variance 211 ZONING ORDINANCE • shall run. The variance may be permanent or it may be set for a reasonable period (six (6) months to twenty-four (24) months) subject to renewal upon expiration. The Board shall set forth in its records the reasons for approval or denial of the variance application and shall provide the applicant with a copy of said reasons, if requested. The Board shall notify the Director and the applicant of its decision on the variance application, including all conditions contained as a part thereof. The Director shall notify the applicant of the time limits set forth in Section 30.5.5. All further actions taken by the applicant or the Director concerning the situation for which the variance is filed, including the issuance of an Improvement Location Permit, shall be subject to said ruling of the Board. After denial of a variance application, a special use application, zoning amendment Or variance application concerning the same property shall not be filed for a period of six (6) months. Failure of the Director to inform the applicant of the time limits set forth in Section 30.5.5 shall not relieve the applicant of complying with said section. 30.5.5 Time Limit. Any variance which is granted by the. Board on a temporary, renewable basis, under the procedures set forth in this section, shall have been effected within the period of time for which it was granted or said variance shall become null and void. Any variance granted by the Board on a permanent basis, under the procedures set forth in this section, shall be effected or shall be part of a project on which continuous construction has commenced within one (1) year from the date of the granting of said variance or it shall become null and void. Upon application to the Director before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months. 30.6 Conditions Relating to Board Actions in the Flood Plain Districts The Board may not exercise any of its powers (i.e., special uses, variances, appeals, etc.) in the FP or FW Districts until the Board has received written approval from the Indiana Natural Resources Commission. The Board may not vary flood protection grade requirements in the FF district without written approval from the Indiana Natural Resources Commission. 30.7 Review by Certiorari Every decision of the Board shall be subject to review by certiorari. 212 • ZONING ORDINANCE 31.0 GENERAL PROVISIONS 31.1 Violations and Penalties 31.1.1 A failure to comply with any of the requirements of this ordinance, including violations of conditions and safeguards established in connection with the granting of variances, special uses or Planned District development plan approvals, shall constitute a violation of this ordinance. 31.1.2 The Commission, the Board, the Director or any designated enforcement official or any person or persons, firm or corporation jointly or severally aggrieved, may institute a suit for injunction in any court of competent jurisdiction to restrain an individual or a governmental unit from violating the provisions of this ordinance. 31.1.3 The Commission, the Board or the Director may also institute a suit for mandatory injunction directing any individual, firm, corporation, or. governmental unit to remove a structure erected in violation of the provisions of this ordinance. . 31.1.4 Any building erected, raised or converted, or land or premises used in violation of any provisions of this ordinance or of the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law. 31.1.5 Any person, persons or corporation, whether as principal, agent, employee or otherwise, who violates any of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) for each offense. For purposes of this ordinance, each day of violation of the terms of this ordinance shall constitute a separate offense. li 31.1.6 The owner or tenant of any buildings, structure, premises or part thereof, and any architect, builder, contractor, realtor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 213 ZONING ORDINANCE 31.2 Severability If any section, subsection, paragraph, subparagraph, clause, phrase, word, provision or portion of this Ordinance shall be found to be unconditional or invalid by any Court of competent jurisdiction, such finding or decision shall not affect or impair the validity of this Ordinance as a whole or any part thereof other than the section, subsection, paragraph, subparagraph, clause, phrase, word, provision or portion so held to be unconstitutional or invalid. 31.3. Conflicting Ordinances Whenever any provision of this ordinance imposes a greater requirement or a higher standard than is required in any State or Federal code or regulation or other City ordinance or regulation, specifically the Uniform Building Code, One and Two Family Building Code, Uniform Plumbing Code, and the National Electrical Code, the provision of this ordinance shall govern. Whenever any provision of any State or Federal statute or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by this ordinance, the provision of such• State or Federal statute or other City ordinance shall govern. 31.4 Non-Interference It is not the intent of this ordinance to interfere with, abrogate or • annul any easements, covenants, or other agreements between parties, or to interfere with, abrogate or annul any ordinances, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance, or which shall be adopted or provided; however, where this ordinance imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per dwelling unit than are imposed or required by other easements, covenants or agreements between parties or by such ordinances, rules, regulations, or permits, the provisions of this ordinance shall govern. 31.5 Effective Date The Zoning Ordinance of the City of Carmel, Indiana, as herein presented, shall be in full force and effect from and after its passage by the City Council of the City of Carmel, Indiana, on , 1990, On this date, Ordinance No. Z-160, passed by the City Council of the • 214 III ZONING ORDINANCE City of Carmel, Indiana, on January 21, 1980, and all amendments thereto, are hereby repealed and all other ordinances or parts thereof which are in Y P P conflict with the terms and conditions of this ordinance are hereby repealed. 31.6 Amendments to the Zoning Ordinance 31.6.1 Any person, group of persons or organization may seek to amend the Zoning Ordinance. All amendments shall be subject to State Statutes and to the procedures cited herein. 31.6.2 Whenever an amendment to the Zoning Ordinance is proposed, the applicant or his duly authorized representative shall meet with the Director in order that the Director may undertake a preliminary review of the amendment proposal. The Director shall aid and advise the applicant in preparing his application and supporting materials as necessary. The applicant shall then submit two (2) copies of the written application form together with necessary supporting documents and materials. 31.6.3 Following the receipt of the written application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials .. . submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps necessary to amend the Zoning Ordinance as hereinafter set forth. Within thirty Y (30) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it on the agenda of the Commission according to the Commission's Rules of Procedure. 31.6.4 Once the Director has accepted and filed the application with the Commission, the Commission or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The public hearing shall be held no longer than sixty (60) days after the application has been formally filed. The. . applicant shall be responsible for the cost and pub lication of the required published legal notice of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Commission's Rules of Procedure. The minimum time period for the giving of the notice 215 • ZONING ORDINANCE shall be at least thirty (30) days prior to the initial hearing date. The conduct of the Public Hearing shall be in accordance with the Commission's Rules of Procedure. 31.6.5 Following the public hearing on the Zoning Ordinance amendment application, the Commission shall make a recommendation to the City Council for approval or denial of the amendment application. The Commission shall formulate a report to the City Council outlining pertinent factors involved in its decision, its recommendation and the vote in regard to said recommendation. The Commission report shall be certified by the Commission Secretary and shall be forwarded to the City Council by its next regularly scheduled meeting. 31.6.6 At its next meeting following the receipt of the Commission report, the City Council shall take action on the Commission report. If the Commission recommendation is positive, the City Council may approve the proposed amendment to the Zoning Ordinance if an affirmative vote of at least a simple majority of the members of the City Council is obtained. If the Commission recommendation is negative, the City Council may approve the proposed amendment to the Zoning Ordinance if an affirmative vote of at least seventy-five per centum (75%) of the members of the City Council is obtained. Failure of the City Council to pass the proposed amendment to the Zoning Ordinance by the necessary affirmative vote within ninety (90) days after a negative recommendation is made by the Commission shall constitute rejection of the proposed amendment. Should the City Council reject the proposed amendment to the Zoning Ordinance, by vote or by default, said proposed amendment shall not be reconsidered by the Commission or the City Council until the expiration of one (1) year after the original recommendation of the Commission. 31.7 Failure of Commission or Board to Establish a Vote A vote establishing conclusive approval or denial on a matter before the Plan Commission or the Board of Zoning Appeals shall require a majority vote. A majority vote of the Plan Commission shall require concurrence of more than half of the members of the entire Commission. A majority vote of the Board of Zoning Appeals shall require concurrence of more than half of the members of the entire Board. In the event that a majority vote is not reached, and no conclusive approval or denial can be granted, the party seeking a decision by the Board or Commission can request placement on the agenda of the subsequent month's meeting. This request must be in written form and given to the appropriate authorities in 216 ZONING ORDINANCE the Director's office. 31.8 Copy on File A certified copy of the Zoning Ordinance of the City of Carmel, Indiana, as may be amended from time to time, shall be filed in the office of the Clerk-Treasurer and shall be available for public viewing during normal office hours. • 217 ZONING ORDINANCE 32.0 MANUFACTURED HOMES 32.0.1 Manufactured homes, as identified in this Section, shall be permitted in any area zoned for single-family or two-family dwellings; however, in any subdivision which is not specifically platted for manufactured homes, the number of manufactured homes located in said subdivision shall not exceed ten (10) percent of the total number of platted lots. 32.1 General Requirements Manufactured homes shall meet the following requirements and limitations: (1) Manufactured homes shall be required to meet the minimum square footage requirements provided for in any area zoned for single-family and two-family homes. (2) The homes shall meet all requirements applicable to single-family or two-family dwellings and shall be subject to all necessary improvement location, building and occupancy permits. (3) The homes shall be larger than 950 square feet of occupied space, or meet the standards as required by the appropriate zoning district, whichever is greater. (4) The homes must be permanently attached to a solid foundation extending down below the frost line a minimum of thirty-two (32) inches or on basement walls. The space between the floor joists of the home and the excavated area under floor grade shall be completely enclosed with permanent perimeter foundation or basement walls, except for required openings. (5) The homes shall be covered with an exterior material of one or more of the following types which shall extend over the top of the foundation: (a) Horizontal aluminum or vinyl lap siding; (b) Cedar or wood siding; (c) Weather resistant grain pressboard; (d) Stucco, block or stone; or 218 ZONING ORDINANCE (e) Other materials approved by the Director. (6) The homes shall have a roof composed of a material customarily used on site built residential dwellings, such as asbestos, fiberglass, shake, asphalt or tile, which shall be installed onto a surface appropriately pitched for the materials used. • 32.3 Placement with Permit Manufactured homes not meeting the terms of this subsection shall be permitted only after receiving a variance approved by the Board or be located in an approved Mobile Home Park. 32.3 Structural Alteration Any structural alteration or modification of a manufactured home after it is placed on the site must be in full compliance with the Carmel/Clay Zoning Ordinance and approved by the Director of the Department of Community Development prior to a building permit being issued. 219 ZONING ORDINANCE 33.0 CLUSTER HOUSING 33.0.1 Purpose and intent. This ordinance is intended to allow Cluster Housing Development only in S-1, S-2, R-1, R-2 & R-3 zoned districts as a permitted use. It is recognized that cluster housing can improve the individual's living environment and the community in general by encouraging an alternate and efficient utilization of land with regard to compatibility with the surrounding uses and neighborhoods, through ingenuity and originality within the total subdivision and the individual site design, by the preservation of open spaces for aesthetic and recreational purposes, and by varying the character of the residential dwellings. 33.1 Minimum Area A tract of ground proposed for a Cluster Housing Development shall have a minimum gross area of not less than five (5) acres. 33.2 Access A Cluster Housing Development shall have access from a dedicated public road right-of-way. 33.3 Accessory Buildings and Uses In Cluster Housing Developments all accessory and secondary buildings, structures, and uses shall be shown on the Primary Plats. 33.4 Minimum Front Yard (Unit) A Cluster Housing Dwelling Unit shall have a minimum front yard setback of 22' from the public road right-of-way line, or.22' from the building side of a sidewalk, curb or street pavement of a private street. 33.5 Minimum Side Yard Within a Cluster Housing Development project a minimum of ten (10) feet shall be maintained between all buildings except for groupings of five (5) or less detached single-family units. A minimum of four (4) feet shall be required between detached units when in clusters of five (5) units or less. A minimum of ten (10) feet shall be maintained between groupings of detached single-family units. 220 ZONING ORDINANCE For the purpose of this section, no obstructions or projections shall exist in either the four (4) foot or ten (10) foot area required to be maintained herein. 33.6 Minimum Aggregate of the Side Yard Cluster Housing Development shall be excluded from this provision. 33.7 Minimum Rear Yard (Development and/or Unit) A Cluster Housing Development shall conform to the specified minimum rear yard within each zoning district. The front, rear or side yard abutting a Green Belt Buffer shall be measured from the interior boundary of the Green Belt Buffer. 33.8 Minimum Lot Frontage A Cluster Housing Development shall be exempt from this requirement. 33.9 Minimum Lot Size A Cluster Housing Development shall be exempt from this requirement (refer to Maximum Gross Density). 33.10 Maximum Gross Density The maximum gross density for the following residentially zoned districts shall apply: DISTRICT GROSS DENSITY S-1 2.4 S-2 3.0 R-1 3.5 R-2 3.6 R-3 4.6 For additional requirements, see Subdivision Regulations, Section 7.0 - Developmental Standards for Cluster Housing Development. 221 ZONING ORDINANCE 33.11 Review and Approval Procedure The applicant will consult with the Department of Community Development staff to discuss the proposed Cluster Housing project and its proposed location. The Cluster Housing Development application procedure and plan review and approval shall follow the procedures for Primary Plat and Secondary Plat as set forth in Section 5.0 of the Subdivision Control Ordinance. Included in the review and approval of the Cluster Housing Development shall be the compatibility of said Cluster Housing Development with adjacent land uses and the Comprehensive Plan. The public notice shall make note that the proposed Primary Plat is for a Cluster Housing Project 33.12 Conflict of Ordinances Where the requirements contained in this Section (33.0, et. seq.) differ from those requirements found in other Sections of the Zoning and Subdivision Control Ordinance, the provisions of this Section (33.0, et. seq.) shall control. It is intended that the Subdivision Control Ordinance, Section 7.0, is provided to complement this Section (33.0 et. seq.) and not to conflict. 34.0 CITATION ORDINANCE Definitions (A) Terms used in this ordinance are defined as follows (1) Civil Violation: the erection, alteration, enlargement, maintenance or use of any building, structure or land violation of any provision of the Zoning Ordinance, Subdivision requirements, Sign Ordinance, Building Code applicable to such building, structure or land in the zone in which it is located; (2) Department: Department of Community Development (3) Grace Period: Extension of time granted for correction, termination, or cessation of as civil violation of the Zoning Ordinance; (4) Notice of violation: Notice issued by the Department; (5) Repeated civil zoning violation: A recurring violation of 222 ZONING ORDINANCE the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location • by the same responsible party; (6) Responsible party: Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly permits another person, firm or corporation to do so; (7) Zoning Ordinance: Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Z160, as amended, and the Sign Ordinance, Carmel/Clay Township, Hamilton County, Indiana, codified as Z196, as amended. (8) Zoning Official: The Director of the Department of Community Development or his designee. 34.1 Civil Violations: Exceptions (a) Any person, firm or corporation who uses property in violation of the Zoning Ordinance, or who knowingly permits another person, firm or . corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay to the City of Carmel a civil monetary fine in the amount prescribed by Section 34.2 (1) Each separate day of violation that remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed by Section 34.2 34.2 Schedule of Civil Monetary Fines (a) The civil monetary fine for each civil zoning violation of the Zoning Ordinance shall be fifty dollars ($50.00), except as provided by in Subsection (b) below. 223 ZONING ORDINANCE (b) For a repeated civil zoning violation by the same violator, the following fines shall apply: Second Violation $100.00 Third Violation 150.00 Fourth Violation 200.00 Each violation in 500.00 excess of four 34.3 Citation for Civil Zoning Violations (a) The Zoning Official or his duly authorized designee(s), upon verification of a civil zoning violation, may issue as civil violation,to any responsible party(ies) who commit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the civil zoning violation occurs. If personal service of a civil zoning violation is made by a go z nin official, said official will: o (1) Wear on his person in a conspicuous manner, identification from the City of Cannel; and (2) Wear on his person in a conspicuous manner, identification of his employment with the Department. The citation shall serve as notice to the responsible party(ies) that he has committed a civil zoning violation.. • (b) No citation shall be issued unless the violator has been issued a Notice of Violation with a minimum of 1 (one) and a maximum of (10) ten days before the issuance of the citation in order to allow the violator the opportunity to correct the violation and to come into compliance with the prescribed Section of the Zoning Ordinance. (c) The Notice of Violation shall include: (1) Date of issuance; (2) The name and address of the persons(s) charged; 224 ZONING ORDINANCE (3) Section number of the Zoning Ordinance that has been violated; (4) Nature of the Civil Violation; (5) The place and time that the Civil Violation occurred; (6) Range of fines which could be assessed upon continued noncompliance activity; (7) Specific time allowed to bring the Civil Violation into compliance; (8) Name, business address and telephone number of Zoning Official issuing the citation; and (9) Date and time of notice given and number of days given on notice; (d) The citation shall be on a form adopted by the Department and shall include: (1) Date of issuance; (2) The name and address of the person(s) charged; (3) Section number of the Zoning Ordinance that has been violated; (4) Nature of the Civil Violation; (5) the place and time that the Civil Violation occurred; (6) Amount of the civil fine assessed; (7) The date, time, and location of the Court in which the civil violation will adjudicate; and (8) Name, business address and telephone number of Zoning Official issuing the citation; and (9) Date and time of notice given and number of days • 225 ZONING ORDINANCE given and number of days given on notice. 34.4 Trial for Civil Zoning Violation (a) Upon issuance of the citation, the Zoning Official shall forward a copy of the citation to the designated enforcement entity and the City Court of the City of Cannel, Indiana, shall schedule the case for trial. The City Attorney, his designee, or the Department of Community Development is responsible for the enforcement of this ordinance. All procedures will be in compliance with the Indiana Rules for Civil Procedure, and will adopt Court cost recovery for infractions according to the State of Indiana. (b) In proceedings before the Court for a Civil Zoning Violation. (1) The designated enforcement entity has the burden of proving the Civil Zoning Violation and the violator committed the infraction, by a preponderance of the evidence presented at trial; (2) the violator may question all witnesses who appear for the designated enforcement entity and produce evidence or witnesses on the violator's behalf; (c) A person found guilty of a civil zoning violation is liable for the fine, Court costs and fees. No costs may be assessed against the designated enforcement entity in any such action. (d) Seeking a civil penalty as authorized in this section, does not practice the designated enforcement entity from seeking alternative relief from the Court in the same action, or from seeking injunctive relief available under the law of the State of Indiana, or any other remedy in a separate action for the • enforcement of the Zoning Ordinance; (e) When a violator has been guilty of a Civil Zoning Violation, the Court may impose additional civil penalties and 226 ZONING ORDINANCE grant appropriate relief to abate or halt the violation, and the Court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the Court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the Court, the failure is contempt; and (f) A change of Venue from Carmel, Indiana, shall not be granted in such a case. 227 ZONING ORDINANCE INDEX ZONING ORDINANCE SECTION PAGE A. 1. Accessory. Buildings and Uses 25.1 167 • 2. Additional Height, Yard & Lot Area Regulations 26.0 173 3. Additional Parking & Loading Regulations 27.0 177 4. Additional Use Regulations 25.0 167 5. Administration 29.0 200 6. Amendments to the Zoning Ordinance 31.6 215 7. Annexed or Vacated Areas 4.5 27 8. Appeal Procedure 30.2 208 9. Authority 1.3 1 B. 1. Basis of Board Approval (Special Use) 21.4 119 2. Basis of Board Review (Special Use) 21.3 119 3. Board (Authority and Duties) 29.3 195 4. Board of Zoning Appeals 30.0 208 ZONING ORDINANCE 5. Building and Land Use (Compliance) 2.1 2 6. Building Size (Compliance) 2.3 2 7. B-1 Business District 12.0 48 8. B-2 Business District 13.0 52 9. B-3 Business District 14.0 56 10. B-4 Business District (Planned District) 15.0 59 11. B-5 Business District 16.0 62 12. B-6 Business District 17.0 67 13. B-7 Business District 18.0 72 14. B-8 Business District 19.0 81 C. 1. Certificate of Occupancy 29.4.3 197 2. Certiorari 30.7 212 3. Citation 34.0 222 4. City Council (Authority and Duties) 29.1 195 5. Clerk-Treasurer (Authority and Duties) 29.5 198. 6. Cluster Housing 33.0 220 7. Commission (Authority and Duties) 29.2 195 8. Community Facilities ZONING ORDINANCE (Required) 25.10 170 9. Completion Time (Special Use) 21.7.2 122 10. Compliance 2.0 2 11. Conflicting Ordinances 31.3 213 12. Copy on File 31.8 217 13. Current Standards of the City of Carmel (Compliance) 2.8 3 D. 1. Definitions 3.0 3 2. Director (Authority and Duties) 29.4 196 3. Double Frontage Lots 26.3.3 176 4. Drainage 25.9 170 E. 1. Effective Date 31.5 214 2. Exemptions 28.7 193 3. Extension Time (Special Use) 21.7.2 122 F. 1. Failure to Establish a Vote 31.7 216 2. Fences 25.2 167 3. Filing Fees 29.6 200 4. Final Development Plan 24.3 151 ZONING ORDINANCE 5. Flood Plain Districts 22.0 124 G. 1. General Provisions 31.0 213 2. Grading 25.6 170 H. 1. Height (Compliance) 2.2 2 I. • 1. Improvement Location Permits 29.4.2 196 2. Intent (and Purpose) 1.2 1 3. Intermittent Use 28.5 193 4. Interpretation of Zoning • Map 4.6 27 5. I-1 Industrial District 20A.0 86 J. 1. Jurisdiction 1.4 1 L. 1. Loading.Regulations 27.0 177 2. Lot Area (Compliance) 2.3 2 3. Lots 2.4 2 M. 1. Manufactured Homes 32.0 218 2. Mobile Home Courts 25.3 168 ZONING ORDINANCE 3. Mobile Homes 2.7 3 4. M-1 Manufacturing District 20B.0 90 5. M-2 Manufacturing District 20C.0 101 6. M-3 Manufacturing Park District (Planned District) 20D.0 106 N. 1. Nonconforming Uses & Exemptions 28.0 192 2. Non-Interference 31.4 214 O. 1. Ownership 2.6 2 • P. 1. Parking Regulations 27.0 177 2. Patios 26.2.9 174 3. Planned District Regulations 24.0 148 4. Porches 26.2.9 174 5. Preliminary Development Plan 24.2 149 6. Principal Dwelling Structure - Minimum Width 25.11 170 7. Projections 26.2.14 175 8. Public Hearing • (Special Use) 21.2.4 118 ZONING ORDINANCE 9. Purpose and Intent 1.2 1 R. I ' 1. Recreational.Vehicles 25.4 169 2. R-1 Residence District 7.0 36 3. R-2 Residence District 8.0 38 4. R-3 Residence District 9.0 40 5. R-4 Residence District 10.0 42 6. R-5 Residence District • (Planned District) 11.0 45 S. 1. Satellite Receiving Antennas 25.12 171 2. Severability 31.2 214 3. Signs 25.7 170 4. Special Use Regulations 21.0 115 5. State Highway 431 Overlay Zone 23A.0 127 6. Stay of Work 30.3 209 7. Subdivision of Land 2.10 3 8. S-1 Residence District 5.0 29 9. S-2 Residence District 6.0 34 T. 1. Table of Contents N/A i - ii ZONING ORDINANCE 2. Temporary Construction Facilities 25.8 170 3. Thoroughfare Plan (Compliance) 2.9 3 4. Title 1.1 1 U. 1. U.S. Highway 31 Overlay Zone 23B.0 128 2. U.S. Highway 421 - Michigan Road Corridor Overlay Zone 23C.0 139 V. 1. Vacated (or Annexed) Areas 4.5 27 2. Variance Procedure 30.5 211 3. Variances 30.4 210 4. Violations & Penalties 31.1 213 W. 1. Weeds & Solid Wastes 25.5 169 Y. 1. Yard (Compliance) 2.3 2 Z. 1. Zoning Districts Established 4.1 25 2. Zoning Map (Interpretation) 4.6 27 3. Zoning Map (Official) 4.2 26