HomeMy WebLinkAboutSpecStdy meeting 02-05-02 CARMEL/CLAY PLAN COMMISSION
SPECIAL STUDIES COMMITTEE
DEPARTMENT REPORT
February 5, 2002
14. Docket No. 160-01 OA; Amendments to the Carmel/Clay Zoning Ordinance
The petitioner seeks to add new provisions and make several corrective amendments to
the Zoning Ordinance.
Filed by the Department of Community Services.
Please refer to the attached information. Please take time to review these amendments and call or
forward any questions to the Department prior to the meeting so we may be prepared to address
any questions at the Committee meeting.
The department will review the main changes as well as address any specific questions from
committee members at the meeting.
The Department recommends that the Special Studies Committee forward this item back to
the Full Plan Commission with a favorable recommendation upon their full review.
Committee Report 2002-2-5.rtf !SCAN E D
Sponsor: Councilor Wayne Wilson
ORDINANCE NO.Z-369-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,INDIANA
(Description of the effect of the Ordinance)
WHEREAS, (background statements setting forth the purpose or background of the
Ordinance where appropriate)
WHEREAS,
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I:
a. Amend Section 2.9: Compliance with the Thoroughfare Plan to read:
2.9 Compliance with the Thoroughfare Plan.
All projects and Improvements 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 and in
regard to setback and any other affected development standards.
b. Amend Section 3.7-Definitions: HOME OCCUPATION to read:
HOME OCCUPATION. An Accessory Use conducted in a Single-, Two- or Multiple-family Dwelling
which is clearly incidental and secondary to the use of the Dwelling for dwelling purposes. (see
also Section 25.18)
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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
c
^mad--fu therrr-thcat
Occupation;
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. 7. the mechanical equipment used for the Home Occupation is customarily used for
1. barber shop;
2. beauty parlor;
3. antique or gift shop;
d. tea room or tho-s . ;
5. animal hospital or commercial kennel;
6. photographic studio;
1. art studio;
2. dressmaking;
3. office of an architect,engineer,doctor,dentist,lawyer or accountant;
/1. office of a sales representative;and
c. Amend Section 3.7:Definitions—SETBACK,to read:
SETBACK. The least measured distance between a structure and the street right-of-way or proposed
right-of-way as identified in the Thoroughfare Plan (whichever is greater),the Side Lot Line
or the Rear Lot Line.
d. Repeal Section 3.7:Definitions:SERVICE STATION.
STATION, SERVICE. Any place of business with pumps and underground storage tanks having as its
e. Amend Section 3.7: Definitions—FRONT YARD,to read:
YARD,FRONT. Ayard extending across the full width of the Lot between the Building Setback Line and
the and the Front Lot 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 Lot
Line and the Building Setback Line. Any The side(s)of a Lot that is(are)adjacent to a the street
right-of-way.
f. Amend Section 5.3.1:Accessory Buildings& Uses to read as follows:
5.3 Accessory Building and Uses(See Chapter 25 for additional regulations.)
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5.3.1 See also Section 25.1. . .• - .. --••. - - . .
conditions:
1. They do not alter or change the character of the premises;
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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
5. They-do not exceed eighteen(18)feet in height;
6. When detached from the principal building, they are set back seventy five (75)
,
. .. . b =,•
8. 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.
g. Amend Section 6.3:Accessory Buildings& Uses to read as follows:
6.3 Accessory Buildings and Uses. See also Section 25.1. (see Chaptcr 25 for additional
regulations.)
Same as S 1 District regulations of Section 5.3.
h. Amend Section 7.3:Accessory Buildings& Uses to read as follows:
7.3 Accessory Buildings and Uses. See also Section 25.1. . ... .
regulations.)
Same as S 1 District regulations of Section 5.3.
Amend Section 8.3:Accessory Buildings& Uses to read as follows:
8.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
Same as S 1 District regulations of Section 5.3.
j. Amend Section 9.3:Accessory Buildings& Uses to read as follows:
9.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
nsTion..
Same as S 1 District regulations of Section 5.3.
k. Amend Section,10.3:Accessory Buildings& Uses to read as follows:
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10.3 Accessory Buildings and Uses. See also Section 25.1. (see Chaptcr 25 for additional
regulations.)
Same as S 1 District regulations of Section 5.3.
1. Amend Section 11.3:Accessory Buildings& Uses to read as follows:
11.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
are permitted.
m. Adopt Section 12.0.2:Plan Commission Approval to read:
12.0.2 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas,the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B-1
District prior to the issuance of an Improvement Location Permit by the
Department. Once approved by the 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 Commission.
n. Amend Section 12.3:Accessory Buildings& Uses to read as follows:
12.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
are-permitted -
o. Adopt Section 13.0.2:Plan Commission Approval to read:
13.0.2 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas,the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B-2
District prior to the issuance of an Improvement Location Permit by the
Department. Once approved by the 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 Commission.
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P. Amend Section 13.3:Accessory Buildings& Uses to read as follows:
13.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
,,,1at•o s
wed.
q. Adopt Section 14.0.2:Plan Commission Approval to read:
14.0.2 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan
(DP) of any proposed use of any Lot or parcel of ground within the B-3
District prior to the issuance of.an Improvement Location Permit by the
Department. Once approved by the Commission the Development Plan
(DP)shall not be materially or substantially changed or altered without the
prior approval of the Commission. The 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 the ADLS.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To
insure the compatibility of the proposed use with adjoining areas, the
Commission shall review the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS) application of any proposed use of any
Lot or parcel of ground within the B-3 District prior to the issuance of an
Improvement Location Permit by the Department. Once approved by the
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 Commission.
r. Amend Sections 14.1:Permitted Uses to read:_.
14.1 Permitted Uses: None
Country club
Golf course
Multiple-family dwelling
Single-family dwelling
Two-family dwelling
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
Machine shop
Power transmission line
Sheet metal shop
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Sign shop
Specialized contractor shop
Welding shop
s. Amend Section 14.2:Special Uses to read:
14.2 Permitted Special Uses: (See Chapter 21 for additional regulations.)
Comb
Golf-course
Two-family-dwelling
Any Use Permitted in the B 2 District(Section 13.1)except:
Exterminating-shop
Feed storo
Graiwelevator
Home-occupation
Jewelry-stere
Machine-shop
Power-transmissiowline
Sheet metal shop
Sign-shop
Welding-shop
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Any Special Use permitted in the B-2 District(Section 13.2)except:
Commercial sanitary landfill or refuse dump
Commercial sewage or garbage disposal plant
Junk or material and/or salvage yard
Outdoor theater
Penal or correctional institution
Race track
Raising and breeding of non-farm fowl and animals
t. Amend Section 14.3:Accessory Buildings& Uses to read as follows:
14.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
are-permitted.
u. Amend Section 15.0.2:Minimum Tract Requirements to 15.0.3:Minimum Tract Requirements.
v. Adopt Section 15.0.2:Plan Commission Approval to read:
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15.0.2 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan(DP)of any
proposed use of any Lot or parcel of ground within the B-4 District pursuant to the
provisions of Chapter 24: Planned District Regulations prior to the issuance of an
Improvement Location Permit by the Department. Once approved by the
Commission the Development Plan (DP) shall not be materially or substantially
changed or altered without the prior approval of the Commission. The
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 the ADLS.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas,the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B-4
District prior to the issuance of an Improvement Location Permit by the
Department. Once approved by the 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 Commission.
w. Amend Section 15.3:Accessory Buildings& Uses to read as follows:
15.3 Accessory Buildings and Uses. See also Section 25.1. - ••. . ...
regulations.)
are-permitted.
x. Adopt Section 16.0.2:Plan Commission Approval to read:.
16.0.2 Plan Commission Approval.
• A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas,the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B-5
District prior to the issuance of an Improvement Location Permit by the
Department. Once approved by the 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 Commission.
y. Amend Section 16.3:Accessory Buildings& Uses to read as follows:
16.3 Accessory Buildings and Uses. See also Section 25.1. -- .. .
regulations)
1. do not alter the character of the premises;
2. are on the same-lot as the principal structure to which they are accessory;
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d. not erected prior to the erection of the principal building;
the font lot line.
fide or rear yard;
building - - -- --
z. Amend Section 17.0.2:Minimum Tract Requirements to 17.0.3:Minimum Tract Requirements.
aa. Adopt Section 17.0.2:Plan Commission Approval to read:
17.0.2 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas,the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B-6
District prior to the issuance of an Improvement Location Permit by the
Department. Once approved by the 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 Commission.
ab. Amend Section 17.3:Accessory Buildings& Uses to read as follows:
17.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
are-permitted.- .. . .
ac. Amend Section 18.0.2:Plan Commission Approval to read:
18.0.2 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan(DP)of any
proposed use of any Lot or parcel of ground within the B-7 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved
by the Commission the Development Plan (DP) shall not be materially or
substantially changed or altered without the prior approval of the Commission. The
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 the ADLS.
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B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas,the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B-7
District prior to the issuance of an Improvement Location Permit by the
Department. Once approved by the 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 Commission.
C. Applicability.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.
D. Review Criteria. 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.
ad. Amend Section 18.3:Accessory Buildings& Uses to read as follows:
18.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
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Accessory Buildings and Uses and—structures customarily and purely incidental to the uses
allowed in this district are permitted contingent upon Plan Commission approval (see Section
18.0.2)and under the following conditions:
1. .. •. . - . .. : .. - ;
2. are on the same lot as the principal structure to which they are accessory;
�. not erected to the-erection of the principal building;
the front lot line;
side or rear yard;
building and shall be provided with the side and rear yards required for the main
building;
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.
ae. Amend Section 19.0.2. Tract Requirements to 19.0.3:Minimum Tract Requirements.
af. Amend Section 19.0.3:Plan Commission Approval to 19.0.2:Plan Commission Approval to read:
19.0.2 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. insure the
compatibility of the proposed use with adjoining areas,.the,Plan Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application 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. 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.
ag. Amend Section 19.3:Accessory Buildings& Uses to read as follows:
19.3 ' Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations)
Accessory uses of Buildings and Uses customarily and purely incidental to the uses allowed in
this district are permitted contingent upon Plan Commission approval (see Section 19.0.3) and
under the following conditions:
1. provided that the building materials and color are compatible with those of the primary
building.
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ah. Amend Section 20A.3:Accessory Buildings& Uses to read as follows:
20A.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
.,,,fitted "
aie-p�.-=..�•
ai. Amend Section 20B.3:Accessory Buildings& Uses to read as follows:
2013.3 Accessory Buildings and Uses. See also Section 25.1. - . - •. -
regulations.)
are permitted.
aj. Amend Section 20C.3:Accessory Buildings& Uses to read as follows:
20C.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
are-permitted.
ak. Amend Section 20D.3:Accessory Buildings& Uses to read as follows:
20D.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additional
regulations.)
.,,;tted
al. Amend Section 20E.0.3:Approval of Development Plan to read:
20E.0.3 Approval of Development Plan
In conjunction with its application to rezone develop any real property to within the C-1 zoning
district,the City of Carmel applicant shall submit a Development Plan that includes the following
development requirements for that property: Architectural Design,Exterior Lighting,Landscaping
and Signage (ADLS). Pursuant to IC 36-7-4-1400 et seq., the Director (as the staff Hearing
Officer of the Plan Commission) is hereby authorized to conduct a Public Hearing to determine
whether the Development Plan complies in all respects with the Zoning Ordinance and any
Commitments made by the owner of the real property under IC 36-7-4-613. The Director shall
then make written findings concerning his or her decision to approve or disapprove the
Development Plan, and the Director is hereby designated as the official who is responsible for
signing the written findings. The approval or disapproval of a Development Plan by the Director
under this Section 20E.0.3 is a final decision of the Commission that may be reviewed only as
provided in IC 36-7-4-1016. After initial approval of the Architectural Design, Exterior Lighting,
Landscaping and Signage(ADLS)under this Section 20E.0.3,the ADLS shall not be materially or
substantially changed or altered without the prior approval of the Commission under its Rules of
Procedure.
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am. Amend Section 20E.3:Accessory Buildings& Uses to read as follows:
20E.3 Accessory Buildings and Uses. See also Section 25.1. . .
: . :
regulations.)
Accessory Buildings and.Uses customarily and purely incidental to the uses allowed in this
district are permitted only under the following conditions:
1. Enclosed Accessory Uses which are incidental to, maintained on the same Lot and
directly associated with the operation of a permitted use, including recreational areas for
employees and lodging facilities for owners,guards or caretakers.
2. Any detached Accessory Building on any Lot shall be compatible in architectural style
and construction materials with the Principal Building(s)with which it is associated.
an. Amend Section 20F.3:Accessory Buildings to read as follows:
20F.3 Accessory Buildings and Uses. See also Section 25.1. -- •. . - •-
regulations.)
Trash enclosures designed in accordance with Section 20F.6.2 shall be the only Accessory
Buildings permitted unless otherwise authorized -• •: •- • - • - --: pursuant to a
Developmental Standards Variance.
ao. Amend Section 20G.5.2:Multi-Family Housing Zone(MF);A. Permitted Uses; (2)Accessory Buildings to
read as follows:
20G.5.2(A)(2) Accessory Buildings.See also Section 25.1.
ap. Amend Section 23A.2:Minimum Front Yard to read:
23A.2 Minimum Front Yard
A. Residential Zones: thirty(30)feet.
B. Business, Industrial, and Manufacturing Districts and/or Uses: one hundred twenty
(120)feet.
aq. Amend Section 23A.5:Plan Commission Approval to read:
23A.5 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design,Exterior Lighting,Landscaping,Parking,and Signage.
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1. Property Zoned and Used for Single- and Two-Family Dwellings.
Architectural Design, Exterior Lighting, Landscaping, Parking, and
Signage(ADLS)not required.
2. Multi-Family, Business, Industrial, and Manufacturing Districts and/or
Uses. Plan Commission approval of the Landscaping Plan, Parking Plan,
Lighting Plan, and Architectural Design Architectural Design, Exterior
Lighting, Landscaping, Parking, and Signage (ADLS) is required. If a
Parent Tract is located both inside and outside of the State Highway 431 —
Keystone Avenue Corridor Overlay Zone, ADLS approval is required for the
entire Parent Tract to be developed.
ar. Amend Section 23A.6: Other Requirements.to read:
23A.6 Other Requirements.
A. Primary Zoning Districts. All other requirements not mentioned in this Section shall
remain as stated for that primary zoning classification district mapped.
B. Conflicting Ordinances. Wherever there exists a conflict between the requirements
of the U.S. 31/Meridian Street Overlay Zone and those of the State Highway
431/Keystone Avenue Corridor Overlay Zone, the requirements for the U.S.
31/Meridian Street Corridor Overlay Zone shall govern.
as. Repeal Section 25.1.3.
at. Repeal Section 25.1.4.
au. Repeal Section 25.1.5.
25.1.5 Trash receptacles must be enclosed in all commercial and industrial areas.
ay. Amend Section 25.1:Accessory Building& Uses to read as follows:
25.1: Accessory Buildings&Uses.
25.1.1: Residential Districts.
Accessory Buildings and Uses customarily and purely incidental to the uses allowed
in a given district are permitted provided that:
1. Accessory Buildings and Uses shall not alter or change the character of the
premises;
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2. Accessory Buildings and Uses shall be on the same lot as the Principal
Building to which they are accessory;
3. Accessory Buildings shall not be attached to the Principal Building,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. Timing•
a. No Accessory Building shall be constructed upon a lot until the
construction of the Principal Building has actually commenced;
and,
b. No Accessory Building shall be used unless the Principal Building
on the Lot is also being occupied for the intended purposes.
c. 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;
5. Height.Accessory Buildings shall not exceed eighteen(18)feet in height;
6. Setbacks.
a. Except as otherwise provided for Corner and Through Lots, when
detached from the Principal Building,Accessory Buildings shall be
set back a minimum of the greater of the following:
i, twenty-five(25)feet behind the Front Line of Building;
ii. twenty-five(25)feet behind the Building Setback Line.
b. On Corner Lots no residential Accessory Building may be erected:
i. forward of any Front Line of Building of the Principal
Building,or
ii. in any required Minimum Front Yard.
c. On Through Lots no residential Accessory Building may be
erected:
i. forward of the Front Line of Building of the front facade
of the Principal Building,or
ii. in the required Minimum Front Yard located to the rear
of the Principal Building.
d. When more than ten(10)feet from a Principal Building,Accessory
Buildings 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.
e. When closer than ten (10) feet to a Principal Building, Accessory
Buildings shall be considered as part of the Principal Building and
shall be provided with the Side and Rear Yards required for the
Principal Building.
f. Where a Private Garage is entered from an Alley, it must be set
back a minimum of three(3) feet from the alley easement or right-
of-way line.
7. Maximum Gross Floor Area. The combined square footage of a Private
Garage and/or Accessory Building shall not exceed the living area of the
Principal Building.
8. Maximum Lot Coverage. The combined square footage of the Dwelling,
Private Garage and Accessory Building shall not exceed the maximum
thirty-five percent(35%)Lot Coverage allowed.
9. Multi-family Districts.
a. In multi-family districts Accessory Uses and Buildings customarily
and purely incidental to the uses allowed in said district are
permitted.
b. Trash receptacles must be enclosed on all four (4) sides and be
screened with landscaping to a minimum height of dumpster plus
two(2)feet.
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25.1.2: Business,Industrial,and Manufacturing Districts.
Accessory Buildings and Uses customarily and purely incidental to the uses allowed
in a given district are permitted provided that:
1. Accessory Buildings and Uses do not alter or change the character of the
premises;
2. Accessory Buildings and Uses are on the same lot as the Principal Building
to which they are accessory;
3. Accessory Buildings are not attached to the Principal Building, 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. Timing:
a. No Accessory Building shall be constructed upon a lot until the
construction of the Principal Building has actually commenced;
and,
b. No Accessory Building shall be used unless the Principal Building
on the Lot is also being occupied for the intended purposes.
c. 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;
5. Height.They do not exceed twenty-five(25)feet in height;
6. Setbacks.
a. When detached from the.Principal Building, Accessory Buildings
shall be set back a minimum of the greater of the following:
i. twenty-five(25)feet behind the Front Line of Building;
ii. twenty-five(25)feet behind the Building Setback Line.
b. When more than ten(10)feet from a Principal Building,Accessory
Buildings 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.
c. When closer than ten (10) feet to a Principal Building, Accessory
Buildings shall be considered as part of the Principal Building and
shall be provided with the Side and Rear Yards required for the
Principal Building.
d. Where a Garage is entered from an Alley, it must be set back a
minimum of three(3) feet from the alley easement or right-of-way
line.
7. Maximum Lot Coverage.
a. The combined square footage of the Principal Buildings, Garages
and Accessory Buildings shall not exceed the Maximum Lot
Coverage allowed in the given district.
b. Accessory Buildings and Uses located in a Side or Rear Yard may
not occupy more than thirty percent (30%) of the Side or Rear
Yard.
8. Business,Industrial,and Manufacturing Districts.
a. Accessory Uses are permitted in the required Front Yard in all
Business,Industrial,and Manufacturing districts.
b. Trash receptacles must be enclosed on all four (4) sides and be
screened with landscaping to a minimum height of dumpster plus
two(2)feet.
aw. Amend Section 25.12.1(7)to read:
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7. ^ building permit An Improvement Location Permit shall be required prior to the erection of a
satellite receiving antenna greater than twenty-four(24)inches in diameter.
ax. Amend.Section 25.13: Towers;.1:Development Standards; (1):Zoning to read as follows:
25.13.1 Development Standards:
1. Zoning.
A. Business Industrial and Manufacturing Districts. Towers shall be permitted
as Special Uses only in the Business, Industrial, and Manufacturing Districts,
and as such are subject to the approval of the Board of Zoning Appeals under
Chapter 21 of the Zoning Ordinance.
i. Business Districts. A Tower must meet all setback requirements of
the district in which it is erected. No Tower may be erected
between a Principal Building and a Street.
ii. Industrial and Manufacturing Districts. A Tower may encroach
into the required Rear Yard so long as the Rear Lot Line does not
abut a Residential District. No Tower may be erected between a
Principal Building and a Street,except in the required Side Yard in
Manufacturing or Industrial Districts.
B. Residential Districts. Towers shall be permitted in the Residential Districts
only as.Special Exceptions, and as such are subject to the approval of the Board
of Zoning Appeals under Chapter 21 of the Zoning Ordinance. If a Tower is
permitted as a Special Exception in a Residential District, the tower must be
built:
i. not less than one hundred (100)feet,plus one(1)additional foot for
every for every foot of the Tower's height,from the property line of
any parcel zoned and/or used for residential purposes,and
ii. not less than one-half(A) mile from any other existing or approved
Tower on which collocation is possible.
iii. No Tower may be erected between a Principal Building and a
Street.
C. Overlay Zones. If a Tower is located in an Overlay Zone, it shall may also be _ _
subject to Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS) approval in accordance with the Development Standards
established for that Overlay Zone.
ay. Adopt Section 25.18:Home Occupation to read:
25.18:Home Occupation.
25.18.1 Standards Generally.
A. Floor Area: Home Occupations shall utilize no more than fifteen percent
(15%)of the gross floor area of the dwelling.
B. Character:
1. The Home Occupation shall not change the character of the
Dwelling,Lot or parcel;
2. The Dwelling shall not bear any indication from the exterior that it
is being utilized in whole or in part for any purpose other than a
Dwelling;
3. The Home Occupation shall not be permitted outside storage or
display of materials in connection with the Home Occupation;
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4. The Home Occupation shall not be permitted signs other than
those normally permitted in the district in which the Home
Occupation is located.
C. Nuisance: The Home Occupation shall be conducted wholly within the
Dwelling, such that there is no outside noise, vibration, odor, smoke, dust,
glare or electrical disturbance.
D. Employees. The Home Occupation shall employ no more than one (1)
individual outside of the immediate family.
E. Deliveries. The delivery of any materials for the Home Occupation will not
exceed two(2)trips per day by any vehicle not owned by a family member.
F. Equipment.The Home Occupation shall utilize only mechanical equipment
that is customarily used for domestic purposes and is of a size and type that
is similar to domestic mechanical equipment or is customarily found in a
business office.
25.18.2 Excluded Uses:
A. antique or gift shop;
B. serving of food or beverages;
C. animal hospital or commercial kennel;
D. automobile repair;
E. major appliance repair or services; and
F. any processing or manufacturing that produces noxious materials or
products.
az. Adopt Section 25.19:Automobile Filling and Automobile Service Stations.
25.19 Automobile Filling and Automobile Service Stations.
A. Generally.
1. Setback.
a. Principal Building. Per primary zoning district.
b. Pumps and Pump Islands. Minimum thirty (30) feet from
residentially zoned or used property. May not be located within
_ _ required yards.
c. Accessory Buildings and Uses.See Section 25.1.
2. Lighting.
a. Light standards may be located within the required Front Yard.
b. Light standards shall be located a minimum of thirty(30) feet from
residentially zoned or used property.
c. Intensity. Lighting shall not cause illumination beyond any
residential lot line or road right-of-way line in excess of 0.1
footcandle of light. Lighting shall not cause illumination beyond
any non-residential tract or parcel line or road right-of-way line in
excess of 0.3 footcandle of light.
B. Automobile Filling Station.
C. Automobile Service Station.
ba. Amend Section 262.2 to read:
26.2.2 Corner Lots.
A. On Corner Lots There must be a Front Yard provided on both Streets.
B. On Corner Lots that are Lots of Record, the buildable Lot 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.
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C. The minimum buildable Lot Width of twenty-eight(28) feet for Principal Buildings
is reduced to twenty-two(22)feet for Accessory Buildings.
bb. Repeal Section 26.2.12:
line.
bc. Repeal Section 26.2.13.
26.2.13 On corner lets the minimum buildable width of twenty eight (28) feet for main buildings is
reduced to twenty two (22) feet for accessory buildings. In addition, no tower may be erected
between a principal building and a street, except in the required side yard in Manufacturing or
bd. Repeal Section 26.2.15.
be. Repeal Section 26.2.18.
26.2.18 Where a reversed interior lot abuts a corner lot, or an alley separating such lots, an accessory
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(1)
bf. Adopt Section 262.21 to read:
26.2.21 Where any Lot derives access via an access easement of any type, the building setback from
such easement for all affected or abutting lots shall meet the required Minimum Side Yard
for the district.
bg. Amend Section 31.3 to read as follows:
31.3 Conflicting Ordinances
31.3.1 Unless otherwise specifically stated within this Ordinance, whenever any provision
of this Ordinance or other City ordinance or regulation imposes a greater
requirement or a higher standard than is required by any other provision of this
Ordinance,the more stringent provision shall govern.
31.3.2 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.
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31.3.3 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.
bh. Repeal Section 26.2.17:
• •- • • .• .
milt:
A. not less than one hundred(100)feet, plus one additional foot for every for every foot of
B. not less than one half(Y) mile from any other existing or approved tower on which
bi. Adopt Section 3.7:Definitions:AUTOMOBILE SALES to read:
AUTOMOBILE SALES. Storage and/or display for sale of more than two (2) motor vehicles or any type
of trailer.
bj. Adopt Section 3.7:Definitions:MOTOR VEHICLE to read:
MOTOR VEHICLE. An automobile, truck, motorcycle, mobile home or any other vehicle propelled or
driven otherwise than by muscular power.
_bk. Amend Section 25.7.01-2:Definitions: VEHICLE SIGN to read as follows:
VEHICLE SIGN. A sign on a vehicle of any kind,provided the sign is painted or attached directly to the body
of the original vehicle and does not project or extend beyond two (2) inches from the original
manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in proper
working order and shall bear a current license plate and shall not be permanently parked on a public
street or street right-of-way. A sign in or on a vehicle that advertises the vehicle for sale, lease or
-• - -- - . -• - --- . - .•- . . . See also Section 25.7.01-
4(q)."
bl. Repeal Section 25.7.01-3(l):
25.7.01-3: Exempted Signs.
(1) Vehicle Signs;
bm. Adopt Section 25.7.01-4(q)to read as follows:
q) It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to
include the parking of any vehicle, trailer or similar movable structure containing or supporting
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any signage between the right-of-way line of any public street and forward of the Front Line of
Building of the Principal Building,with the exception of:
(i) Vehicles actively involved in construction on or the serving of the site.
(ii) Vehicles delivering products to the site in designated loading areas.
(iii) Vehicles parked in designated truck parking areas of a development that have been
screened from or are not generally visible from the public right-of-way.
(iv) Passenger vehicles, pick-up trucks, and vans of a size that can fully fit within a standard
parking space,containing signs painted on or permanently affixed on the doors or integral
body panels that do not exceed sixteen(16)square feet in area.
bn. Repeal Section 27.2.5:
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Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-369-02 PASSED by the Common Council of the City of Carmel,
Indiana this day of 2002, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer John R. Koven
Kevin Kirby, President Pro Tempore N. L. Rundle
Robert Battreall Luci Snyder
Ronald E. Carter Wayne Wilson
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ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-369-02 Presented by me to the Mayor of the City of Carmel, Indiana
this day of 2002, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-369-02 Approved by me, Mayor of the City of Carmel, Indiana, this
day of 2002, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray,IAMC, Clerk-Treasurer
Prepared by: John R.Molitor
Carmel/Clay Plan Commission Attorney
Carmel City Hall
One Civic Square
Carmel,IN 46032
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