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HomeMy WebLinkAboutZ-649-19 Amends UDO OrdinanceSponsor:Councilor Campbell ORDINANCE Z-649-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA An Ordinance amending the standards of the Cl & C2 Districts in the Unified Development Ordinance. Synopsis: This ordinance amends the Unified Development Ordinance in order to correct the standards in the Cl & C2 District from the conversion in to the UDO format. WHEREAS, it is in the public interest that subdivision common area improvements are inspected prior to the transition of the board of directors of the owners' association from the developer to the property owners. WHEREAS, the City wishes to maintain an orderly, consistent and streamlined unified development ordinance; and WHEREAS,pursuant to the Advisory Planning Law of the State of Indiana(contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the unified development ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the Cannel Unified Development Ordinance is incorporated by reference into the Cannel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19100001 OA having received a favorable recommendation from the Cannel Advisory Plan Commission on Tuesday, November 19, 2019, it hereby adopts this Ordinance to amend the Cannel Unified Development Ordinance (Ordinance Z-625-17, as amended),to read as follows: Section I: Amend Article 2: Zoning Districts as follows: 2.33 Cl District Intent,Permitted Uses and Special Uses UDO Page 2-34 Permitted Uses Education Permitted Use day nursery/day care kindergarten/preschool school,trade or business Office Permitted Use clinic or medical health center general office professional office research laboratory/facility Recreational Permitted Use commercial recreational facility, indoor commercial recreational facility, outdoor 12/16/2019 Ordinance Z-649-19 1 community center park,public private club or lodge public plaza rooftop parks and gardens 2.35 C2 District Intent,Permitted Uses and Special Uses UDO Page 2-36 Permitted Uses Education Permitted Use day nursery/day care kindergarten/preschool school,trade or business Office Permitted Use clinic or medical health center general office professional office research laboratory/facility Recreational Permitted Use commercial recreational facility, indoor community center park,public private club or lodge public plaza rooftop parks and gardens Section II: Amend Article 5: Development Standards as follows: 5.21 LS-03: Cl & C2 Landscaping Standards UDO Page 5-29 These Landscape Standards (LS) section apply to the following districts: ICON: Cl, C2 A. Landscape Design: Landscaping shall be designed in accordance with the adopted landscaping style and species palette established by the City of Carmel Redevelopment Commission. B. Street Trees: Shade trees shall be planted along all streets within the rights-of-ways,parallel to the street. Species, size, and installation shall be per the standards of the City of Carmel. C. Bufferyards (C2 District) Only: 1. Bufferyards shall be required along any side and/or rear lot line abutting a side or rear lot line of detached single family residences and shall extend the entire length of the lot line. 2. The minimum Bufferyard width shall be equal to the building height of the nearest building to each side or rear lot line, not to exceed thirty-five (35) feet. 3. The minimum planting standard shall be Bufferyard C as set forth in the Bufferyard Table prescribed in Article 5, Section 5.19(F)(1): Bufferyards. D. Landscaping Installation and Maintenance: 1. Installation: All required landscaping pursuant to the ADLS approval shall be installed prior to the issuance of a Certificate of Occupancy by the Department 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 agents to insure proper maintenance of the landscaping, in accordance with the standards set forth in the Development Plan. 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. 12/16/2019 Ordinance Z-649-19 2 5.39 SI-01: Sign Standards UDO Page 5-50 ICONS: P1, Si, S2,R1, R2, R3, R4, R5, B1, B2, B3, B5, B6, B7, B8, C1, C2, 11, M3 Permanent Sign Standards L. Permanent Signs in a Cl &C2 District: 1. Sign Classification: Sign classification shall follow the permanent sign standards by building or complex type per Sections 5.39(F)through(K). 2. Number: The number of permanent signs shall be in accordance with the project standards established by the Carmel Redevelopment Commission. 3. Maximum Sign Area: Sign areas shall follow the permanent sign standards by building or complex type per Sections 5.39(F)through(K). 4. Maximum Height Of Ground Sign: Sign heights shall follow the permanent sign standards by building or complex type per Sections 5.39(F)through(K). 5. Location: The location of permanent signs shall be in accordance with the project standards established by the Carmel Redevelopment Commission. 6. Design: Sign areas shall follow the permanent sign standards by building or complex type per Sections 5.39(F)through(K). 7. Illumination: Permitted. 5.78 YS-01: General Yard Standards UDO Page 5-78 ICONS: P1, S1, S2,R1, R2,R3,R4,R5,B1, B2,B3,B5,B6, B7, B8, ,I1,M3 A. On lots fronting on two non-intersecting streets, a front yard shall be provided on both streets double frontage). B. Corner Lots: 1. There shall be a Front Yard provided on both Streets. 2. On Corner Lots that are Lots of Record, the buildable Lot Width shall not 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. 3. The minimum buildable Lot Width of twenty-eight(28)feet for a principal building is reduced to twenty-two (22)feet for an accessory building. C. Where a frontage is divided among districts with different front yard requirements,the deepest front yard required shall apply to the entire frontage. D. There may be two (2) or more related multiple-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 parallel or that are within forty-five degrees (45°) of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building. E. Those parts of existing buildings that violate yard regulations may be repaired and remodeled,but any addition shall provide the required yards. F. 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. G. Open, unenclosed porches(not under roof) or patios may extend ten(10) feet into a front yard. H. 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. I. 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. J. Sills, belt courses,window air-conditioning units,window wells, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four(24)inches. 12/16/2019 Ordinance Z-649-19 3 K. 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. 5.80 YS-03: Non-Residential Yard Standards UDO Page 5-79 ICONS: Pl,Bl,B2, B3,B5,B6,B7,B8, ,I1,M3 A. Business, Industrial and Manufacturing Districts: 1. Alley space shall not be included for loading and unloading berths. 2. Where twenty-five percent(25%) 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. Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 12/16/2019 Ordinance Z-649-19 4 OPTED bythe Common Council of the Cityo Carmel Indiana this dayof R c vs cy 2020,by a vote of ayes and C nays. CO ON COUNCIL FO "PH CITY OF CARMEL Laura D. Campbell, President S - nk. ',Vice-President l` H. Bruce Kimball evin D. Rider 4,4 Anthony Gree Jet', "ell Tim Hannon i es 'elso 1 Aden ATTEST: Sue Wolfgang, Cler,1 Presented by me to the Mayor of the City o,ACarmel, Indiana this.day of 2020, at $'off /t'.M. 212P GL Sue Wolfgang, egg uv r. Approved by me, Mayor of the City of Carmel, Indiana, this / day of 14.1- 2020, at l`,24i P .M. J es Bainard, Mayor YAJELSeT:/0 Sue Wolfgang, er zlea — Prepared by: Adrienne Keeling,Planning Administrator,One Civic Square,Cannel,IN 46032 12/16/2019 Ordinance Z-649-I9 5