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HomeMy WebLinkAboutDept. Notes & Support Info Found in UDO definitions,Article 11: Bed and Breakfast Inn: A private, owner-occupied business with two (2)to ten (10)guest rooms where overnight accommodations and a morning meal are provided to transients for compensation and where the Bed and Breakfast Inn is operated primarily as a business. A Dwelling that is occupied by a Permanent Resident where only one (1) guest room or group of rooms is made available to transients for compensation shall not be considered a Bed and Breakfast Inn. Dwelling: A Building, or portion thereof, used primarily as a place of abode for one or more Permanent Residents of the Dwelling, but not including Hotels or Motels, lodging or Boarding Houses, Bed and Breakfast Inns, or Tourist Homes. House,Boarding: A Building not open to transients, where lodging and/or meals are provided for three (3) or more, but not over thirty (30), persons regularly; a lodging house. Home,Tourist: A Building, not occupied by a Permanent Resident, in which guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. Short Term Residential Rental Unit: A Dwelling, or portion thereof, that is rented or leased to transient guests by a Permanent Resident of the Dwelling for a period of less than thirty (30) consecutive calendar days. Appendix Land Use Matrix - Residential Uses A A.08 Residential Uses c o ,_ Primary Land Use R (P-Permitted Use) (SE-Special Exception Use) R .R c N , 0 (SU •Special Use) `° d N N N N N N co co co 0 c C C C C C C N N N N N N N U as R N R N -a 'a .a C C C C C C C C 'ca ,a ;a a m ca c N ) N N N N N .Q N N N N N N N x x - N 3 N Cl)co Cl) Cl) N Cl) 3 3 a IXCeW W CO m CO CO m m CO � M r r N N M V to c r N CO Cf) CO N CO — N U O M CL cn CO ce n m CO CO m CO CO CO v c.) > 2 = risijS2EVEMINIRSIUREMOITIB5I1361B7IB8MICANOTIN Residential Uses accessory dwelling 11111111111111111111111111111111oo1111a11 attached dwelling 11111111111111111111111111111111 P 011111111 bed and breakfast inn(upper floors only) 11111111111111111111111111111111111111111111 bed and breakfast inn 11111111111111111111111111111111111111111111 boarding or lodging house .1111111111®111111mmm111111111111111111 bona fide servants quarters 11111111111111111111111111111111111111111111 continuing care retirement community 111111111111m11110 P P ® P P 11111111111111 dwelling,multiple family 111111111111®111111 P ®11 P 11 P 1111111111 dwelling,multiple family(first floor only) 111111111111111111111111111111111111®111111 dwelling,multiple family(upper floors only) 111111111111111111111111111111111111 P P 1111 dwelling,single-family 11 P P 11 P PUP 1111111111111111 P P 111111® dwelling,single-family(first floor only) 111111111111111111111111111111111111®111111 dwelling,single-family attached 1111111111111111 P 11111111111111111111111111 dwelling,two-family 1111111111 P P P 11111111 P P 11111111111111® guest house 11111111111111111111111111111111111111111111 home occupation 11111111111111111111111111111111111111111111 mobile home park 111111111111®111111111111111111111111111111 model home 11111111111111111111111111111111 P P 11111111 nursinglretirementiconvalescentfacility 111111111111111111 P P P ® P P 111111 P 111111 private swimming pool 11111111111111111111111111111111111111111111 residential kennel 11111111111111111111111111111111111111111111 short term residential rental 11®®®®®®®®1111 PPPP 111111 P P 1111 *See Use-Specific Standards in Article 5,5.48 through 5.72 for additional standards that apply Last Updated:October 4,201811'.06 AM Appendix A:Land Use Matrix I Page A-09 Article R11 District 2 2.07 R1 District Intent,Permitted Uses and Special Uses Intent Permitted Uses Special Exception/Special Use The purpose of this district is to provide Agricultural Permitted Use Education Special Use for low-density single-family residential de- • general agriculture(farm) • kindergarten/preschool velopment where adequate public facilities Institutional Permitted Use • school,elementary or secondary education are available. The preservation of natural • public service facility Industrial Special Use features,and encouragement of open space Recreation Permitted Use • borrow pit/top soil removal and storage residential land-use patterns in this district • park,public • mineral/sand/gravel extraction operation is intended to implement the Comprehen- Residential Permitted Use Institutional Special Use sive Plan's Residential Community Objec- • dwelling,single-family i •• librach/temple/place of worship tives. The RI District corresponds to the Temporary Permitted Use • water management and use facility Low Intensity Residential Community on the • construction facility Office Special Use •Comprehensive Plan's Land Use Map. • specialel hevent,outdoor • clinic or medical health center Accessory Permitted Use Recreational Special Use • bona fide servants quarters • country club • gguest house • golf course • home occupation • private recreational facility • private swimming pool Residential Special Exception • residential kennel • short term residential rental - Miscellaneous Special Use • artificial lake or pond(non-platted) • cemetery Page 2-81 City of Carmel Unified Development Ordinance Last Updated:October 4 2018„03 Ar,1 le �,1 l l w c((c�/ i - S c v��N`F � '� lru 81� 1 Article Special Exception (Only Applicable to Short Term Residential Rental) if, \iv 9.08 Special Exception (Only Applicable to Short Term Residential Rental) A. General Information: Special Exception approval by a Hearing Officer of the Board of Zoning Appeals shall j 37/- be 1be necessary prior to the establishment of a Special Exception,so cited by the district regulations herein,or the 30 issuance of an Improvement Location Permit for said Special Exception. A Special Exception shall be considered as an exception to the uses allowed under the Unified Development Ordinance,and thus the original application for a Special Exception shall not generally be entitled to favorable consideration;however,an application for the ,0 kee i; renewal of a Special Exception shall generally be entitled to favorable consideration,so long as it is not opposed olce1-F by the Director of Community Services. A Hearing Officer shall have discretion whether to approve or deny each Special Exception application,with his or her decision to be based on the special and unique conditions pertinent to the site,determined as a result of the review procedure established herein. B. procedure: 1. Procedure Generally:Whenever an application for a Special Exception within the planning jurisdiction is made,it shall follow the procedure set forth herein and shall conform to the regulations and requirements of the Unified Development Ordinance. 2. Consultation with the Director of Community Services and Application:Applicants shall meet with the Director of Community Services to review the zoning classification of their site,review copies of the regulatory ordinances and materials,review the Special Exception procedures,and examine the proposed exception and development of the property. The Director of Community Services shall aid and advise the applicant in preparing the 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. 3. Initial Review by the Director of Community Services:Docketing on Hearing Officer Agenda:Following the receipt of the written application and necessary supporting documents and materials by the Director of Community Services,the Director shall then review the materials solely for the purpose of determining whether the application is complete and in technical compliance with all applicable ordinances,laws,and regulations,and therefore entitled to be forwarded to the Board of Zoning Appeals. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements,the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the Special Exception 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 Exception approval as hereinafter set forth. Within thirty(30)days of the formal acceptance of the application by the Director of Community Services,the Director shall formally file the application by placing it upon the agenda of a Board of Zoning Appeals Hearing Officer,according to the Rules of Procedure of the Board of Zoning Appeals. 4. Public Hearing:Once the Director of Community Services has accepted and filed the application with a Hearing Officer,a docket number shall be assigned and a date and time set for a public hearing by the Hearing Officer,according to the Rules of Procedure of the Board of Zoning Appeals. The applicant shall be responsi- ble for the cost and publication of any 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 of Zoning Appeals;however,notice by publication shall not be required for the renewal of a Special Exception. The conduct of the public hearing shall be in accordance with the Board of Zoning Appeals Rules of Procedure. 5. Approval or Denial of the Special Exception Application:Upon approval of a Special Exception,the Hearing Officer shall inform the applicant that the applicant may apply to the Director of Community Services for Improvement Location Permits(if necessary)or may commence the Special Exception if no permits are required. Failure of the Hearing Officer to inform the applicant of the time limits set forth in Section 5.72(D): Limitations shall not relieve the applicant of complying with said Section. 6. Appeal of Hearing Officer Decision:A decision of a Hearing Officer shall not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning Appeals within five(5)days after the decision is made,as provided in I.C. 36-7-4-924. MI Last Updated:October 4,201511:06AM Article 9:Processes Page9.19 Article Special Exception (Only Applicable to Short Term Residential Rental) 7. lime Limit for Re-Application:A Special Exception application that is denied by a Hearing Officer or the Board of Zoning Appeals is ineligible to be placed again on an agenda for consideration until the legality of the decision is finally determined by a court,pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve(12)months following the date of the denial,whichever is later. In addition,whenever a Special Exception application is denied,the property involved in the application shall not be the subject of a different Special Exception application,or any use variance or rezone proposal,for a period of six(6)months following the date of the denial. C. Basis of Review:A Hearing Officer,in reviewing a Special Exception application,shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Exception: 1. Surrounding zoning and land use; 2. Access to public streets; 3. Driveway and curb cut locations in relation to other sites; 4. Parking location and arrangement; 5. Trash and material storage; 6. Necessary exterior lighting;and 7. Protective restrictions and/or covenants. D. Basis of Approval or Rejection:A Hearing Officer,in approving or rejecting a Special Exception application,shall base his or her decision upon the following factors as they relate to the above listed items(Section 9.08(C):Basis of Review)concerning the proposed Special Exception: 1. The economic factors related to the proposed Special Exception,such as cost/benefit to the community and its anticipated effect on surrounding property values; 2. The social/neighborhood factors related to the proposed Special Exception,such as compatibility with existing uses in the vicinity of the premises under consideration and how the proposed Special Exception will affect neighborhood integrity;and 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and around the premises upon which the Special Exception is proposed. E. Special Exception Decisions:Commitment:Pursuant to IC 36-7-4-1015,a Hearing Officer may,as a condition to any approval of an application for a Special Exception,require or allow the owner to make any or all of the following commitments concerning the use of the property: 1. That the Special Exception will fully comply with Section 5.72:Short Term Residential Rental Standards. 2. That the Special Exception will be limited to thirty(30),sixty(60),or ninety(90)days during a calendar year, at the discretion of the Hearing Officer. 3. If the Hearing Officer determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property,that the owner's implementation of the Special Exception will not result in the violation of any such limitations or prohibitions. Page 9.20 City of Carmel Unified Development Ordinance Last Updated:October 4,201811:06 AM 1.1 Use-Specific Standards (US) 5.72 US-26: Short-Term Rental Use Use-Specific Standards This Use-Specific Standards(US)section applies to the following zoning districts: ®® R1 R2 RS R4 R5 UR A. Purpose:It is the purpose of this Section to benefit the general public by minimizing adverse impacts on established residential neighborhoods in the City and the owners and residents of properties in these neighborhoods resulting from the conversion of residential properties to tourist and transient use. B. Special Exception Eligibility:A Permanent Resident of a Dwelling located in a Residential District may use the Dwelling as a Short Term Residential Rental Unit if: 1. The Permanent Resident applies for and is granted a Special Exception,pursuant to Section 9.08:Special Exception hereof. 2. The Permanent Resident maintains a valid Registered Retail Merchant Certificate; 3. The Permanent Resident posts a clearly printed sign inside his or her Dwelling on the inside of the front door that provides information regarding the location of any fire extinguishers in the unit and building,gas shut off valves,fire exits,or pull fire alarms; C. Required Information for Application: Both the initial application and any renewal application for a Special Exception permit shall contain the following: 1. Information sufficient to show that the applicant is the Permanent Resident of the Short Term Residential Rental Unit,and that the applicant has a Registered Retail Merchant Certificate. Permanent residency shall be established by showing that the Unit is listed as the applicant's residence on at least two(2)of the following: motor vehicle registration;driver's license;voter registration;tax documents showing the unit as the applicant's primary residence for a standard homestead credit;or utility bill. A renewal application shall contain sufficient information to show that the applicant is a Permanent Resident and has occupied the unit for at least two hundred seventy-five(275)days of the preceding calendar year. 2. Primary and secondary emergency contact information,including mailing address,phone number or email address. Upon approval of a Special Exception,emergency contact information shall be shared with the Cannel Police Department. D. Limitations: The term of a Special Exception permit granted to a Permanent Resident shall be one(1)year. The grant of a Special Exception permit provides an exception only to the other requirements of this Ordinance. It does not confer a right to lease,sublease,or otherwise use a Dwelling as a Short Term Residential Rental Unit where such use is not otherwise allowed by law,a homeowners association agreement or requirements,any applicable covenant,condition,and restriction,a rental agreement,or any other restriction,requirement,or enforceable agreement. Nothing in this Section shall relieve any person or facilitator of the obligations imposed by any and all applicable provisions of state law and the Cannel City Code,including but not limited to those obligations imposed by Indiana tax laws and rules. Further,nothing in this Section shall be construed to limit any remedies available under any and all applicable provisions of state law and the Carmel City Code. E. Suspension of Section:The Mayor may,subject to approval by resolution of the Council,suspend operation of this Section for not more than thirty(30)days per calendar year,during periods of time when major sporting activities or other special events,including,but not limited to the Indianapolis 500,PGA Tournament,NCAA Tournament,or a large convention,are scheduled in the Central Indiana community. During these periods,a Permanent Resident may use his or her Dwelling as a Short Term Residential Rental Unit without obtaining a Special Exception permit. Last Updated:October 4.201e 11:08 ASA Article 5:Development Standards Page5.69 (2_0 \G\ - \.e a-e s Sponsors: Councilors Worrell,Finkam and Kimball RESOLUTION CC 12-17-18-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING THE SUSPENSION OF THE SHORT TERM RESIDENTIAL RENTAL ORDINANCE DURING CERTAIN PERIODS OF THE YEAR Synopsis: Approves dates submitted by the Mayor for the suspension of Unified Development Ordinance Section 5.72, Short Term Residential Rentals in 2019. WHEREAS, Ordinance Z-629-17 of the Common Council of the City of Carmel, Indiana adds review and approval procedures, definitions and fees for the establishment of Short Term Residential Rentals in the Unified Development Ordinance; and WHEREAS,pursuant to Section 5.72(E),the Mayor may, subject to approval by resolution of the Council, suspend operation of Section 5.72 for not more than thirty(30) days per calendar year, during periods of time when major sporting activities or other special events, including,but not limited to the Carmel Marathon, Indianapolis Mini-Marathon, Indianapolis 500, Songbook Academy Week, GenCon, or a large convention, are scheduled in the Central Indiana community; and WHEREAS, during these periods, a Permanent Resident may use his or her Dwelling as a Short Term Residential Rental Unit without obtaining a Special Exception permit as required by Section 5.72; and WHEREAS,the Mayor submits the following dates for which Section 5.72 will be suspended in 2019: March 6-10,March 29-30, May 3-4, May 24-26, July 13-20, August 1-4, September 27-28,November 8-9 and December 6-7. NOW,THEREFORE,BE IT HEREBY RESOLVED AND AGREED BY THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,AS FOLLOWS: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. During the following periods in 2019 the Mayor may suspend the requirements of Unified Development Ordinance Section 5.72: March 6-10, March 29-30, May 3-4, May 24-26, July 13-20,August 1-4, September 27-28,November 8-9 and December 6-7. (30 5 Resolution CC 12-17-18-03 Page One of Two Pages This Resolution was prepared by Jon A.Oberlander,Cannel Senior Assistant City Attorney,on December 4,2018 at 3:00 p.m. No subsequent revision to the Resolution has been reviewed by Mr.Oberlander for legal sufficiency or otherwise. C:\Uxro\jquinn\AppData\LocallMicrosoft\Windows\Temporary Internet Files\Content Outlook\ZG7CRSM\2019 Short Term Rental Suspension Dates Resolution Final.doc Sponsors: Councilors Kimball,Finkam,Worrell I frl SO RESOLVED,by the Common Council of the City of Cannel, Indiana, this 17 day of 1 f C M1)-' 2018,by a vote of lc ayes and 7 nays. CO V i 1 IL FOR THE CITY OF CARMEL , 11110,,,,i /rj,3________ Niira .► i- L evin D. Rider,Pres',ent Su; m )----- Je4Tell,Vice-President Anthony Green ...A--rtl.-t.� _bee .9:1: . 1 ° / l , 1 ,_(. e.__ (1-< Laura D. Campbell H. Bruce Kimball _;.4► ," - , ', ' s . d , • arter 1 /i / / h i ' the S. Pa -y, Clerk-Tre..i er V1 bPresented by me to the Mayor of the City o Carmel, 1 isi_9_ viday Pi'--Idn h-C'lr 2018, at ' © .M. / /(Ja&-----; 1.a.A.,,#1. ./_ .., Chris S. Pauley,Cler,- reasurer Apprpved by me, Mayor of the City Egarmel, Indiana, this I qr d y of Jc 'id1 bCR. 2018, at /0 A.M. f i t az J es Brainard, Mayor 'i,c4m.eicj ATTES „..._ , , axati f Christine S. Paisley, Cle7fk-Treasurer Resolution CC 12-17-18-03 Page Two of Two Pages This Resolution was prepared by Jon A.Oberlander,Carmel Senior Assistant City Attorney,on February 8,2018 at 1:50 p.m. No subsequent revision to the Resolution has been reviewed by Mr.Oberlander for legal sufficiency or otherwise. S5Resolutions-CCO201$\CC 12-17-11.031.419 Short Tam Rental Suspension Dates Resolution clean.doc It oCarmelEjj 1,.�/pDIANP/ : August 31,2018 RE: Waived Registered Retail Merchant Certificate requirement for Short Term Residential Rental applications To Whom It May Concern: The Short Term Residential Rental Use—Specific Standards requirements listed out in Unified Development Ordinance(UDO) Section 5.72 includes a section called Required Information for Application. One requirement is that the applicant has a Registered Retail Merchant Certificate(RRMC). The effective date of the state law on which the RRMC provision is based was recently delayed by an act of the Indiana General Assembly.Therefore,pending further legislative action,this provision shall not be applicable in the City of Carmel until July 1,2019. Should you have any additional questions, please feel free to contact me at 317-571-2417 or mhollibaugh@carmel.in.gov. Sincerel , Michae P.Zcoillibirector Department ofmunity Services City of Carmel,Indiana File:Short Term Residential Rental Requirements,Merchant Certificate One Civic Square Carmel,IN 46032 317-571-2417