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City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: June 5, 2020
To: Plan Commission Members
From: Adrienne Keeling
Re: Docket No. 19090013 OA
Enclosed is the information packet for the following item. If you have any questions, please call 571-2417.
Docket No. 19090013 OA: Accessory Dwelling Units Ordinance Amendment.
The applicant seeks to amend the Unified Development Ordinance in order to establish standards and
minimum requirements for Accessory Dwelling Units and to amend definitions. Filed by the Department
of Community Services on behalf of the Carmel Plan Commission.
Proposed Amendment Summary:
Attached is a proposed UDO Amendment which would allow Accessory Dwelling Units by right in residential
districts, with specific development standards. Currently, they are only permitted by right in the C1 & C2
Districts and Old Town Overlay Zone. Special Use approval is required in the M3 District and Use Variance
approval is required in all other districts. In addition to allowing accessory dwellings in residential districts, the
ordinance proposes to require 20% of lots in new subdivisions of a certain size to include accessory dwelling
units.
What is an accessory dwelling unit, or ADU? Sometimes known as accessory apartments, carriage
houses, in-law suites, or granny flats; they are smaller, independent residential dwelling units, attached to,
within, or located on the same lot as a single-family home.
You can read more about the rationale and benefits of permitting accessory dwellings in the recitals at the
beginning of the attached ordinance. In summary, the attached ordinance proposes the following:
1. Allow accessory dwelling units by right in residential zoning districts.
2. Establishes standards for accessory dwelling units for those adding an accessory dwelling to their
property.
3. Requires 20% of new lots developed in new subdivisions (10 or more lots of 1 acre or less in size) to
include an accessory dwelling.
Also included are amendments to a handful of residential-related definitions regarding Group Homes to bring
us into compliance with the Fair Housing Act by removing references to outdated Indiana Statutes and
establishing clear limits on the number of occupants.
Article 2: Zoning Districts:
Beginning on Line 88 of the attached ordinance, the language in Article 2 would allow Accessory Dwellings as
a Permitted Accessory Use (by right) in Residential Districts: S1, S2, R1, R2, R3, R4, R5. We also propose to
delete “Bona Fide Servants Quarters” from the list of permitted uses (and elsewhere in the UDO) because we
are replacing it with these Accessory Dwelling Unit standards.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
Article 5: Development Standards (Zoning Districts):
− Section 5.02: Residential Accessory Building and Use Standards
• Line 121: Replace standards for Servants Quarters with Accessory Dwelling Units in Subsection C:
Accessory Uses.
This language in Article 5 would establish the development standards for Accessory Dwellings for those who
add an accessory dwelling to their property. The standards address the following:
• Number of accessory dwellings.
• Prohibition of Short-Term Residential Rentals in accessory dwellings.
• Minimum and Maximum size.
• Height.
• Parking.
• Addressing
• Public Utilities.
• Architecture.
• Building Code.
• Limitations regarding Owners’ Associations.
Article 7: Design Standards (Subdivisions):
− Section 7.04: Accessory Dwelling Unit (AC) Standards
• Line 175: Adds a new UDO Section which applies to new Conservation and Residential Subdivisions.
The proposed standards in Article 7 would require certain new (CS) Conservation Subdivisions and (RS)
Residential Subdivisions to develop a minimum number of Accessory Dwellings as follows:
• 20% of new lots shall include an Accessory Dwelling Unit.
• Applies to subdivisions containing 10 or more lots of 1 acre or less in size.
• Requires compliance with the Accessory Dwelling Standards in Article 5.
Article 11: Definitions:
The following definitions are proposed to be amended or deleted as follows. See the enclosed ordinance for
specific redline edits:
Bona Fide Servants Quarters: Deleted because the standards for servants quarters are proposed to
be replaced by the standards for accessory dwelling units.
Density, Gross: Revised to make it clear that ADUs would not count toward maximum densities.
Dwelling, Single-Family: Revised to remove Indiana Code references to specific types of group
homes. The federal government has issued guidance about how the federal Fair Housing Act applies to
state and local land use and zoning laws.
Family: Revised to place a limit of 5 unrelated persons.
Home, Group: Revised to include a more general definition and place a limit on the number of
occupants. Also removes Indiana Code references to specific types of group homes.
Servants Quarters: Deleted because the standards for servants quarters are proposed to be replaced
by the standards for accessory dwelling units.
The following definitions are listed for your reference and are not proposed to be amended:
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.
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 (1)
Family and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
Dwelling Unit, Accessory: A Dwelling Unit that is attached to or located on the same Lot as a
detached or attached Single family Dwelling, has an independent means of access and is owned by the
owner of the Principal Building but occupied by another. Accessory Dwellings include Apartments
integrated within or attached to a Single-family Dwelling, or located in detached Accessory Buildings
located on the same Lot as the Single-family Dwelling.
Dwelling, Attached: A Townhouse, duplex, triplex, or quadraplex dwellings, developed side by side
for sale as condominiums or fee-simple dwelling where land is sold with the Dwelling. Attached
dwellings whether sold as condominiums or as individually deeded lots are excluded from the definition
of apartments.
Dwelling, Multiple-Family: A residential Building containing three (3) or more Dwelling Units and
occupied by three (3) or more families. Except as otherwise provided by state statute, a Group Home
shall not be considered a Multiple Family Dwelling and treated as such under the Unified Development
Ordinance.
Dwelling, Two-Family: A residential Building containing two (2) Dwelling Units and not occupied by
more than two (2) Families.
House, Guest: 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, and not rented or otherwise used as a separate Dwelling.
To aide in review, UDO page numbers are referenced in the ordinance document. You may view the Unified
Development Ordinance in its entirety online by clicking on Codes & Ordinances in the Department of
Community Services’ website: www.carmeldocs.com.
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Sponsor: Councilor ______________ 1
2
ORDINANCE Z-6XX-20 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance establishing standards and minimum requirements for Accessory Dwelling Units 7
in the Unified Development Ordinance. 8
9
Synopsis: 10
This ordinance amends the Unified Development Ordinance in order to establish standards and minimum 11
requirements for Accessory Dwelling units and to amend definitions related to dwellings. 12
13
WHEREAS, the City wishes to promote housing options to help meet the needs and preferences of all 14
residents. 15
WHEREAS, the U.S. Census Bureau reports in 2018 that the number of households across Clay 16
Township with one or more people over the age of 65 has grown to over twenty-five percent, with a median 17
age of over 41.3 years. 18
WHEREAS, a recent Housing Needs Assessment created for HAND reports the median closing price 19
on existing single-family homes in Carmel to be $360,720, with a median new construction price at $543,958, 20
both of which significantly outpace the overall Hamilton County prices of existing and new homes of $269,329 21
and $372,381, respectively. 22
WHEREAS, a 2018 housing study commissioned by MIBOR and BAGI revealed several key findings 23
related to housing in the Indianapolis Region over the next 20 years (2018-2038), including: 24
• The Indianapolis Region is projected to gain over 274,000 net new jobs over the next 20 years, 25
with Marion and Hamilton Counties expected to see the highest growth, driving demand for new 26
housing units. However, most of the industries projected to account for more than half of the 27
Region’s economy by 2038 offer median wages that would not allow single-earner households 28
to afford an existing home 29
• The Indianapolis Region is projected to underbuild each year by 1,750 units, and that recent 30
construction trends won’t meet the demand for a projected 9,000 new housing units annually 31
over the next 20 years. The study indicates Hamilton County’s share of that needed supply at 32
45,213 new housing units over the same time period. 33
• There is an inverse relationship between new construction prices and the incomes needed to 34
support them. Homes are being built at the high end, while below median wage households are 35
increasing. 36
• An underproduction of housing affects the entire economy, emphasizing that simply building 37
housing is not enough to support and sustain economic growth. New housing needs to be in the 38
right locations, of the right types, and at the right prices and rents to support both the workforce 39
and local municipalities. 40
WHEREAS, accessory dwelling units – or ADUs – are smaller, independent residential dwelling units 41
located on the same lot as a single-family home, and are known by other names, including accessory apartments, 42
carriage houses, in-law suites, and granny flats. 43
WHEREAS, accessory dwelling units were a common feature in single-family housing in the late 44
nineteenth and early twentieth century, providing additional housing for farmers, workers, tenants and extended 45
families. With the rise of lower-density suburban single-family subdivisions following World War II, accessory 46
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dwellings were ultimately prohibited by most local jurisdictions with the adoption of residential zoning codes 47
which typically allowed only one home per lot, regardless of the home type or acreage with no exceptions. 48
WHEREAS, the traditional accessory dwelling unit can play a role in serving a housing need, and 49
according to AARP is reemerging as an affordable and flexible housing option that meets the needs of young 50
couples who want a small footprint to seniors looking to downsize but remain in their neighborhood. AARP 51
surveys consistently show that the vast majority of people age 50 or older want to remain in their homes and 52
communities as they age rather than to relocate. A 2018 Home and Community Preference Survey revealed that 53
people age 50-plus who would consider an accessory dwelling would do so in order to: 54
• Provide a home for a loved one in need of care, 55
• Provide housing for relatives or friends 56
• Feel safer by having someone nearby 57
• Have a space for guests 58
• Increase the value of their home 59
• Create a place for a caregiver to stay 60
• Earn extra income from renting to a tenant. 61
WHEREAS, according to the Urban Land Institute, accessory dwelling units can serve as a source of 62
financial stability, especially for seniors and others living on fixed incomes. Rental income from an accessory 63
dwelling unit can help defray rising costs of home ownership, allowing them to stay in their home and 64
neighborhood. 65
WHEREAS, because accessory dwelling units are smaller and use previously developed spaces such 66
as basements, upper floors or back yards, they tend to be more affordable than regular residential units in the 67
same neighborhood. 68
WHEREAS, accessory dwelling units preserve the character of new and established neighborhoods 69
because they can be created in many different shapes and styles. Accessory dwelling units can fit discreetly 70
into many development patterns, including suburban subdivisions, urban neighborhoods, and larger lot estates. 71
WHEREAS, accessory dwelling units efficiently use the City’s existing infrastructure and housing 72
stock in comparison to a new 200-unit apartment building. They bring additional housing to an area organically, 73
reducing the amount of new infrastructure needed to accommodate it. 74
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 75
text of the unified development ordinance; and 76
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 77
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 78
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 79
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19090013 OA having received a ___________ 80
recommendation from the Carmel Advisory Plan Commission on Tuesday, ____________, 2020, it hereby 81
adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as 82
amended), to read as follows: 83
84
Section I: Amend Article 2 by adding Accessory Dwelling and/or deleting Bona Fide Servants Quarters as 85
Permitted Accessory Uses for the following Residential Districts: 86
87
2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4 88
Accessory Permitted Use – Bona Fide Servants Quarters, Accessory Dwelling 89
90
2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6 91
Accessory Permitted Use – Bona Fide Servants Quarters, Accessory Dwelling 92
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93
2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8 94
Accessory Permitted Use – Bona Fide Servants Quarters, Accessory Dwelling 95
96
2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10 97
Accessory Permitted Use – Bona Fide Servants Quarters, Accessory Dwelling 98
99
2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12 100
Accessory Permitted Use – Bona Fide Servants Quarters, Accessory Dwelling 101
102
2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14 103
Accessory Permitted Use – Bona Fide Servants Quarters, Accessory Dwelling 104
105
2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-15 106
Accessory Permitted Use – Accessory Dwelling 107
108
2.33 C1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-34 109
Accessory Permitted Use – Bona Fide Servants Quarters 110
111
2.35 C2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-36 112
Accessory Permitted Use – Bona Fide Servants Quarters 113
114
115
Section II: Amend Article 5: Development Standards as follows: 116
117
5.02 AB-01: Residential Accessory Building and Use Standards UDO Page 5-4 118
This Accessory Building and Use Standards (AB) section applies to the following zoning districts: 119
ICONS: S1, S2, R1, R2, R3, R4, R5 120
C. Accessory Uses: 121
5. Servants Quarters: Quarters for bona fide servants employed by the occupants of the 122
Dwelling are permitted. 123
5. Accessory Dwelling Units: 124
a. Number: Only one (1) Accessory Dwelling Unit is permitted per single-family 125
residential detached lot. Accessory Dwelling Units shall be required in new 126
residential subdivisions as specified in Article 7, Section 7.04: Accessory Dwelling 127
Unit Standards. 128
b. Occupancy: Short-Term Residential Rental use is prohibited for Accessory 129
Dwelling Units in residential districts. 130
c. Ground Floor Area: An Accessory Dwelling Unit, which is the only Accessory 131
Building on the lot, may equal the Ground Floor Area 132
i. Equal to or greater than 400 square feet or 133
ii. Equal to or less than 1,300 square feet, and 134
iii. Shall not have more than two bedrooms. 135
d. Height Standards: 136
i. Detached Accessory Dwelling Units shall be a maximum of eighteen (18) 137
feet in height or the height of the Principal Building, whichever is less. 138
ii. Attached or Converted Accessory Dwelling Units shall have a maximum 139
height as permitted in the base zoning district. 140
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iii. Accessory Dwelling Units are permitted two (2) stories only if the 141
Accessory Dwelling Unit is located above a detached garage. 142
e. Parking: The number of spaces required for an existing single-family detached 143
dwelling is prescribed in Section 5.30: Amount of Parking Spaces Standards. 144
f. Addressing: 145
i. Detached units shall have an independent address. 146
ii. Attached units shall use the same address as the primary structure with the 147
addition of a suite number. 148
iii. Separate mailboxes may be provided for the Principal and Accessory 149
Dwellings, provided only one mailbox is visible from street Right-of-Way. 150
g. Public Utilities: Public utilities shall be metered and can be billed together with 151
or separately from the Principal Building. 152
h. Architecture: The architecture of the Accessory Dwelling Unit shall incorporate 153
materials, colors, and design that complement the architectural theme and style of 154
the Principal Building. 155
i. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 156
Principal Building in a subdivision, the Director of Community Services 157
shall review the proposed materials, colors and design. An owners’ 158
association may impose more restrictive architectural standards. 159
160
ii. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 161
Principal Building outside of a subdivision, the Director of Community 162
Services shall review the proposed materials, colors and design. 163
i. Building Code: The Accessory Dwelling Unit shall meet all of the dimensional 164
requirements of the underlying zoning classification as well as the provisions of the 165
Indiana Building Code. 166
j. Limitations: The allowance of Accessory Dwelling Units shall only pertain to this 167
Ordinance. It does not confer a right to construct an Accessory Dwelling Unit 168
where such use is not otherwise permitted by an applicable Owners’ Association 169
agreement, covenant, condition, restriction, requirement, a rental agreement, or any 170
other restriction, requirement, or enforceable agreement. 171
172
Section III: Insert a new Section 7.04 to Article 7: Design Standards as follows: 173
174
7.04 AC-01: Accessory Dwelling Unit (AC) Standards UDO Page 7-3175
176
This Accessory Dwelling Unit (AC) Standards section applies to the following types of development: 177
ICONS: CS Conservation Subdivision, RS Residential Subdivision 178
A. Applicability: Any residential subdivision with ten (10) or more lots of one acre or less in size 179
shall comply with the regulations in this section. 180
B. Cross Reference: See Article 5: Development Standards, Section 5.02(C)(5): Accessory 181
Dwelling Unit for applicable development standards. 182
C. Minimum Requirement: At least twenty percent (20%) of new lots, which may include corner 183
lots, shall include an Accessory Dwelling Unit. 184
185
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186
Section IV: Amend Article 11: Definitions as follows: 187
188
11.02 Definitions UDO Pages 11-4 through 11-22 189
190
Bona Fide Servants Quarters: Living quarters, which may include kitchen facilities, that are either 191
attached or detached from the principal residence, used as a residence by persons employed to provide 192
domestic services to the occupants of the principal residence. 193
194
Density, Gross: The total number of Dwelling Units divided by the Gross Area in acres, excluding 195
Accessory Dwelling Units. 196
197
Dwelling, Single-Family: A residential Building containing only one (1) Dwelling Unit and not 198
occupied by more than one (1) Family. Pursuant to IC 12-28-4-7, aA Group Home for the mentally ill 199
shall be treated as if it were a Single-family Dwelling, unless the Group Home will be located within 200
3,000 feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to IC 201
12-28-4-8, a Group Home for not more than ten (10) developmentally disabled individuals which is 202
established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2) shall be 203
treated as if it were a Single-family Dwelling. 204
205
Family: One or more persons living as a single housekeeping unit, including up to five (5) unrelated 206
persons, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority 207
house, or Group Home. 208
209
Home, Group: A residential Structure or facility where up to eight (8) unrelated people in need of 210
care, support or supervision can live together, such as children or those who are elderly, disabled or 211
mentally ill.Any of The Following: 212
1. A residential Structure (licensed under IC 12-17.4) in which care is provided on a twenty-four 213
(24) hour basis for not more than ten (10) children; or 214
2. A facility (licensed under IC 12-28-4) that provides residential services for developmentally 215
disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); or 216
3. A facility (licensed under IC 12-28-4) that provides residential services for mentally ill 217
individuals in a program described in IC 12-22-2-3. 218
219
Servants Quarters: Living quarters within a portion of a main Building, or in an Accessory Building 220
located on the same Lot with the main Building, used for servants solely employed on the premises 221
with such quarters not being rented or otherwise used as a separate Dwelling. 222
223
Section V: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 224
repealed. 225
226
Section VI: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 227
228
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 229
and _____ nays. 230
231
232
COMMON COUNCIL FOR THE CITY OF CARMEL 233
234
___________________________________ 235
Laura D. Campbell, President Sue Finkam, Vice-President 236
237
238
___________________________________ ____________________________________ 239
H. Bruce Kimball Kevin D. Rider 240
241
242
___________________________________ ____________________________________ 243
Anthony Green Jeff Worrell 244
245
246
___________________________________ ___________________________________ 247
Tim Hannon Miles Nelson 248
249
250
___________________________________ 251
Adam Aasen 252
253
254
ATTEST: 255
256
__________________________________ 257
Sue Wolfgang, Clerk 258
259
260
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2020, at 261
_______ __.M. 262
263
____________________________________ 264
Sue Wolfgang, Clerk 265
266
267
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 268
__.M. 269
270
____________________________________ 271
James Brainard, Mayor 272
273
274
275
ATTEST: 276
___________________________________ 277
Sue Wolfgang, Clerk 278
279
280
Prepared by: 281
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 282