Loading...
HomeMy WebLinkAboutPacket for RES 09-03-20 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CARMEL PLAN COMMISSION -MEMORANDUM- Date: August 21, 2020 To: Residential Committee 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 Ordinance Summary: Please see the attached and revised ordinance proposal regarding Accessory Dwelling Units and Group Homes. Throughout the review, we have categorized the proposal into four categories, as follows: 1. Allow accessory dwelling units by right in residential zoning districts. REVISED to require BZA Special Use approval of detached accessory dwellings. 2. Establishes standards for accessory dwelling units for those adding an accessory dwelling to their property. REVISED. 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. 4. Revises definitions related to Group Homes to include quantities and to remove outdated references to Indiana Code. REVISED to require BZA Special Exception approval of Group Homes with 6 or more occupants. Also established Group Home standards and criteria for consideration. 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. What if my subdivision’s covenants and restrictions prohibit accessory dwellings? The proposed amendments to Carmel’s Unified Development Ordinance do not (and CANNOT) override existing subdivision covenants and restrictions. Revisions since the July 7 Residential Committee Meeting: The proposed revisions are a result of discussion at the July 7 Residential Committee meeting as well as comments received by the public. The revisions are extensive for both Accessory Dwellings and Group Homes, so we have tried to be deliberate to keep the revision tracking and as simple as possible. For instance, though the accessory dwelling standards proposed in Article 5 would be new to the UDO if adopted (and were indicated as new text in the first ordinance draft), we are only tracking the changes to that text in this draft. Likewise, UDO sections which are new to this proposal only track the amendments to current UDO language (and are not indicated as new text to the proposal). ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 The proposed revisions are as follows: Accessory Dwellings: 1. Require Special Use approval of detached Accessory Dwellings by a BZA Hearing Officer. a. Establish fee in Article 1, Line 91. b. Revise to only allow “Attached Accessory Dwelling” as an Accessory Permitted Use in S1, S2, R1, R2, R3, R4, R5 Districts. Appears throughout Article 2, starting on Line 103. c. Add “Detached Accessory Dwelling” as a type of Residential Special Use in S1, S2, R1, R2, R3, R4, R5 Districts. Appears throughout Article 2, starting on Line 105. 2. Revise Accessory Dwelling standards in Article 5 as follows: a. Add a reference to Article 2, indicating that Special Use approval is required for a detached Accessory Dwelling on existing lots, starting on Line 168. b. Clarify that ADUs which are required in new subdivisions do not require Special Use approval, starting on Line 173. c. Revise the Ground Floor Area standards to apply only to detached ADUs and limit their square footage to the Ground Floor Area of the principal building, starting on Line 179. d. Prohibited the conversion of an existing garage to an ADU unless that parking can be replaced on a driveway or in a garage elsewhere on the lot, Line 197. e. Deleted the language which allowed only one mailbox to be visible from the street, Line 205. f. Added a foundation requirement for detached ADUs, which also prohibits basements, Line 208. g. Added a more specific reference to the applicable Building Code for residential construction, Line 223. Group Homes: 1. Require Special Exception approval of Group Homes by a BZA Hearing Officer. a. Establish fee in Article 1, Line 93. b. Add “Group Home” as a type of Residential Special Exception in S1, S2, R1, R2, R3, R4, R5, UR, B3, B5, B6, B7 Districts. Appears throughout Article 2, starting on Line 104. 2. Establish Use-Specific Standards for Group Homes in Article 5, starting on Line 232. 3. Revise Special Exception process specifically for Group Homes in Article 9, starting on Line 302. 4. Further revise definitions for Family and Group Home in Article 11, starting on Line 450. a. Note that Group Homes are now defined as six (6) or more persons in need of care, support or supervision – AND would require Special Exception approval from the BZA. Five (5) or fewer unrelated persons in need of care would fall under the definition of “Family” and would not require Special Exception approval. Ordinance Effective Date: To allow time to prepare, we propose an effective date of January 1, 2021. I look forward to further discussion with the Residential Committee on September 3rd! 08/21/2020 Accessory Dwelling Unit Ordinance Draft 1 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 08/21/2020 Accessory Dwelling Unit Ordinance Draft 2 dwellings were ultimately prohibited by most local jurisdictions with the adoption of residential zoning cod es 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 1: Administration by adding BZA Hearing Officer filing fees for Detached 85 Accessory Dwelling Unit and Group Home review. 86 87 1.29 Filing Fees UDO Page 1-11 88 BZA Hearing Officer 89 • Residential $184 plus $107 for each additional 90 • Special Use, Detached Accessory Dwelling $184 91 • Commercial petition $749.00 plus $371.00 for each additional 92 08/21/2020 Accessory Dwelling Unit Ordinance Draft 3 • Special Exception, Group Home $104 plus $104 per bedroom 93 • Special Exception, Short Term Rental $104.00 94 • Renewal of Special Exception $52.00 95 96 Section II: Amend Article 2 by adding Attached Accessory Dwelling and deleting Bona Fide Servants 97 Quarters as Permitted Accessory Uses, adding Detached Accessory Dwelling as a Residential Special Use, 98 and adding Group Home either as a Residential Special Exception or Permitted Use for the following 99 Residential Districts: 100 101 2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4 102 Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 103 Residential Special Exception – Group Home 104 Residential Special Use – Detached Accessory Dwelling 105 106 2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6 107 Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 108 Residential Special Exception – Group Home 109 Residential Special Use – Detached Accessory Dwelling 110 111 2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8 112 Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 113 Residential Special Exception – Group Home 114 Residential Special Use – Detached Accessory Dwelling 115 116 2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10 117 Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 118 Residential Special Exception – Group Home 119 Residential Special Use – Detached Accessory Dwelling 120 121 2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12 122 Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 123 Residential Special Exception – Group Home 124 Residential Special Use – Detached Accessory Dwelling 125 126 2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14 127 Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 128 Residential Special Exception – Group Home 129 Residential Special Use – Detached Accessory Dwelling 130 131 2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-16 132 Accessory Permitted Use – Attached Accessory Dwelling 133 Residential Special Exception – Group Home 134 Residential Special Use – Detached Accessory Dwelling 135 136 2.17 UR District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-18 137 Residential Special Exception – Group Home 138 139 2.23 B3 District Intent, Permitted Uses, Special Uses UDO Page 2-24 140 Residential Permitted Use – Group Home 141 142 08/21/2020 Accessory Dwelling Unit Ordinance Draft 4 2.25 B5 District Intent, Permitted Uses, Special Uses UDO Page 2-26 143 Residential Permitted Use – Group Home 144 145 2.27 B6 District Intent, Permitted Uses, Special Uses UDO Page 2-28 146 Residential Permitted Use – Group Home 147 148 2.29 B7 District Intent, Permitted Uses, Special Uses UDO Page 2-30 149 Residential Permitted Use – Group Home 150 151 2.33 C1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-34 152 Accessory Permitted Use – Bona Fide Servants Quarters 153 154 2.35 C2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-36 155 Accessory Permitted Use – Bona Fide Servants Quarters 156 157 158 Section III: Amend Article 5: Development Standards as follows: 159 160 5.02 AB-01: Residential Accessory Building and Use Standards UDO Page 5-4 161 This Accessory Building and Use Standards (AB) section applies to the following zoning districts: 162 ICONS: S1, S2, R1, R2, R3, R4, R5 163 C. Accessory Uses: 164 5. Servants Quarters: Quarters for bona fide servants employed by the occupants of the 165 Dwelling are permitted. 166 5. Accessory Dwelling Units: 167 a. NumberApproval on Existing Lots: Unless specifically designated as a permitted 168 use in a zoning district listed in Article 2: Zoning Districts or in an overlay district 169 listed in Article 3: Overlay Districts, Special Use approval is necessary to establish 170 Only one (1) detached Accessory Dwelling Unit is permitted per single-family 171 residential detachedon a Lot established prior to January 1, 2021. lot. 172 b. Minimum Requirement in New Subdivisions: Accessory Dwelling Units shall be 173 required in new residential subdivisions as specified in Article 7, Section 7.04: 174 Accessory Dwelling Unit Standards. Special Use approval is not required for 175 Accessory Dwellings established in new residential subdivisions. 176 bc. Occupancy: Short-Term Residential Rental use is prohibited for Accessory 177 Dwelling Units in residential districts. 178 cd. Ground Floor Area (detached units only): An Accessory Dwelling Unit, which 179 is the only Accessory Building on the lot, may equal the Ground Floor 180 AreaProvided the requirements of Section 5.02(B)(1): Minimum Lot Standards and 181 Section 5.02(B)(2): Maximum Lot Coverage are met, the Ground Floor Area for a 182 detached Accessory Dwelling Unit shall be: 183 i. Equal to or greater thanMinimum Ground Floor Area: 400 square feet. or 184 ii. Equal to or less thanMaximum Ground Floor Area: 1,300 square feet, or 185 the Ground Floor Area of the Principal Building, whichever is less, and 186 iii. Shall not have more than two bedrooms. 187 de. Height Standards: 188 i. Detached Accessory Dwelling Units shall be a maximum of eighteen (18) 189 08/21/2020 Accessory Dwelling Unit Ordinance Draft 5 feet in height or the height of the Principal Building, whichever is less. 190 ii. Attached or Converted Accessory Dwelling Units shall have a maximum 191 height as permitted in the base zoning district. 192 iii. Accessory Dwelling Units are permitted two (2) stories only if the 193 Accessory Dwelling Unit is located above a detached garage. 194 ef. Parking: The number of spaces required for an existing single-family detached 195 dwelling is prescribed in Section 5.30: Amount of Parking Spaces Standards. 196 Conversion of existing garage parking shall not be permitted unless the same 197 number of parking spaces can be replaced on a driveway or in a garage elsewhere 198 on the Lot. 199 fg. Addressing: 200 i. Detached units shall have an independent address. 201 ii. Attached units shall use the same address as the primary structure with the 202 addition of a suite number. 203 iii. Separate mailboxes may be provided for the Principal and Accessory 204 Dwellings, provided only one mailbox is visible from street Right-of-Way. 205 gh. Public Utilities: Public utilities shall be metered and can be billed together with 206 or separately from the Principal Building. 207 hi. Foundation (detached units only): Detached units shall have a concrete or masonry 208 foundation; however, basements shall not be permitted. 209 j. Architecture: The architecture of the Accessory Dwelling Unit shall incorporate 210 materials, colors, and design that complement the architectural theme and style of 211 the Principal Building. 212 i. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 213 Principal Building in a subdivision, the Director of Community Services 214 shall review the proposed materials, colors and design. An owners’ 215 association may impose more restrictive architectural standards. 216 217 ii. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 218 Principal Building outside of a subdivision, the Director of Community 219 Services shall review the proposed materials, colors and design. 220 ik. Building Code: The Accessory Dwelling Unit shall meet all of the dimensional 221 requirements of the underlying zoning classification as well as the provisions of the 222 Indiana Building CodeInternational Residential Code, including Indiana 223 Amendments. 224 jl. Limitations: The allowance or approval of an Accessory Dwelling Units shall only 225 pertain to this Ordinance. It does not confer a right to construct an Accessory 226 Dwelling Unit where such use is not otherwise permitted by an applicable Owners’ 227 Association agreement, covenant, condition, restriction, requirement, a rental 228 agreement, or any other restriction, requirement, or enforceable agreement. 229 230 231 08/21/2020 Accessory Dwelling Unit Ordinance Draft 6 5.72 US-26: Group Home Use-Specific Standards 232 These Use-Specific Standards for Group Homes apply to the following districts: 233 [INSERT ICONS FOR S1, S2, R1, R2, R3, R4, R5, UR] 234 A. Purpose: It is the purpose of this Section to benefit the general public by minimizing adverse 235 impacts on established residential neighborhoods in the City and the owners and residents of 236 properties in these neighborhoods which may result from the conversion of residential 237 properties to business or institutional uses. However, it is also the purpose of this Section to 238 provide that the City may not refuse to make a reasonable accommodation for a Group Home 239 whenever such an accommodation would not impose undue financial or administrative burdens 240 on the City or require a fundamental alteration in the Comprehensive Plan. 241 242 B. Special Exception Eligibility: A Dwelling located in a Residential District may be used as a 243 Group Home only if the owner or occupant applies for and is granted a Special Exception, 244 pursuant to Section 9.08 hereof. 245 246 C. Required Information for Application: Both the initial application and any renewal application 247 for a Special Exception or Improvement Location Permit for a Group Home shall contain 248 primary and secondary emergency contact information, including mailing address, phone 249 number or email address. Upon approval of a Special Exception, emergency contact 250 information shall be shared with the Carmel Police Department. 251 252 D. Limitations: The term of a Special Exception permit granted to a Group Home shall be twenty 253 (20) years. The grant of a Special Exception permit provides an exception only to the other 254 requirements of this Ordinance. It does not confer a right to lease, sublease, or otherwise use a 255 Dwelling as a Group Home where such use is not otherwise allowed by law, a homeowners 256 association agreement or requirements, any applicable covenant, condition, and restriction, a 257 rental agreement, or any other restriction, requirement, or enforceable agreement. Nothing in 258 this Section shall relieve any person of the obligations imposed by any and all applicable 259 provisions of Federal and State laws and the Carmel City Code, including but not limited to 260 those obligations imposed by Indiana tax laws and rules. Further, nothing in this Section shall 261 be construed to limit any remedies available under any and all applicable provisions of Federal 262 or State law and the Carmel City Code. 263 264 E. Reasonable Accommodation: After formal acceptance of an application for a Special 265 Exception for a Group Home, the Director of Community Services shall review the application 266 for the purpose of determining whether it would be a reasonable accommodation for the City to 267 grant the Special Exception in order to provide the residents who would be provided services at 268 the Group Home with access to housing that is equal to that of residents who are not in need of 269 such services. In addition to the items listed in Section 9.08(C) hereof, the Director of 270 Community Services shall consider the following: 271 1. If there are other Group Homes clustered within a block of the site; 272 2. The number of unrelated persons who will be living in the Group Home, and whether 273 any professional support staff will also be residing there; 274 3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at the 275 Group Home, and whether they will be marked; 276 4. If the Dwelling, existing, modified or new, is similar in design, materials and 277 landscaping as other adjacent and nearby Dwellings; 278 5. Any other exterior indication that the Dwelling will be inhabited by Group Home 279 residents; 280 08/21/2020 Accessory Dwelling Unit Ordinance Draft 7 6. Any undue financial or administrative burdens that would be imposed on the City; and 281 7. If a fundamental alteration in the Comprehensive Plan would be required. 282 283 Based upon this review, the Director of Community Services may support or oppose the 284 granting of the Special Exception. 285 286 Section IIIIV: Insert a new Section 7.04 to Article 7: Design Standards as follows: 287 288 7.04 AC-01: Accessory Dwelling Unit (AC) Standards UDO Page 7-3289 290 This Accessory Dwelling Unit (AC) Standards section applies to the following types of development: 291 ICONS: CS Conservation Subdivision, RS Residential Subdivision 292 A. Applicability: Any residential subdivision with ten (10) or more lots of one acre or less in size 293 shall comply with the regulations in this section. 294 B. Cross Reference: See Article 5: Development Standards, Section 5.02(C)(5): Accessory 295 Dwelling Unit for applicable development standards. 296 C. Minimum Requirement: At least twenty percent (20%) of new lots, which may include corner 297 lots, shall include an Accessory Dwelling Unit. 298 299 Section V: Amend Article 9: Processes to add Group Homes to the Special Exception Process as follows: 300 301 9.08 Special Exception (Only Applicable to Group Homes and Short Term Residential Rentals) 302 303 A. General Information: Special Exception approval by a Hearing Officer of the Board of Zoning 304 Appeals shall be necessary prior to the establishment of a Special Exception, so cited by the 305 district regulations herein, or the issuance of an Improvement Location Permit for said Special 306 Exception. A Special Exception shall be considered as an exception to the uses allowed under 307 the Unified Development Ordinance, and thus the original application for a Special Exception 308 shall not generally be entitled to favorable consideration, except as follows: 309 310 1. A proposed Group Home where not more than eight (8) unrelated persons will be 311 residents shall generally be entitled to favorable consideration; 312 2. A proposed Group Home where not less than nine (9) nor more than twelve (12) 313 unrelated persons will be residents shall generally be entitled to favorable 314 consideration, so long as the application is not opposed by the Director of Community 315 Services; and 316 3. A proposed Group Home where thirteen (13) or more unrelated persons will be 317 residents shall be entitled to favorable consideration only if the application is supported 318 by the Director of Community Services. 319 320 ; however, an Any application for the renewal of a Special Exception shall generally be entitled 321 to favorable consideration, so long as it is not opposed by the Director of Community Services. 322 A Hearing Officer shall have discretion whether to approve or deny each Special Exception 323 application, with his or her decision to be based on the special and unique conditions pertinent 324 to the site, determined as a result of the review procedure established herein. 325 326 327 08/21/2020 Accessory Dwelling Unit Ordinance Draft 8 B. Procedure: 328 1. Procedure Generally: Whenever an application for a Special Exception within the 329 planning jurisdiction is made, it shall follow the procedure set forth herein and shall 330 conform to the regulations and requirements of the Unified Development Ordinance. 331 2. Consultation with the Director of Community Services and Application: Applicants 332 shall meet with the Director of Community Services to review the zoning classification 333 of their site, review copies of the regulatory ordinances and materials, review the 334 Special Exception procedures, and examine the proposed exception and development of 335 the property. The Director of Community Services shall aid and advise the applicant in 336 preparing the application and supporting documents as necessary. The applicant shall 337 then submit two (2) copies of the written application form and all necessary supporting 338 documents and materials. 339 3. Initial Review by the Director of Community Services: Docketing on Hearing Officer 340 Agenda: Following the receipt of the written application and necessary supporting 341 documents and materials by the Director of Community Services, the Director shall 342 then review the materials solely for the purpose of determining whether the application 343 is complete and in technical compliance with all applicable ordinances, laws, and 344 regulations, and therefore entitled to be forwarded to the Board of Zoning Appeals. If 345 the materials submitted by the applicant are not complete or do not comply with the 346 necessary legal requirements, the Director of Community Services shall inform the 347 applicant of the deficiencies in said materials. Unless and until the Director of 348 Community Services formally accepts the Special Exception application as complete 349 and in legal compliance, it shall not be considered as formally filed for the purpose of 350 proceeding to succeeding steps toward Special Exception approval as hereinafter set 351 forth. Within thirty (30) days of the formal acceptance of the application by the 352 Director of Community Services, the Director shall formally file the application by 353 placing it upon the agenda of a Board of Zoning Appeals Hearing Officer, according to 354 the Rules of Procedure of the Board of Zoning Appeals. 355 4. Public Hearing: Once the Director of Community Services has accepted and filed the 356 application with a Hearing Officer, a docket number shall be assigned and a date and 357 time set for a public hearing by the Hearing Officer, according to the Rules of 358 Procedure of the Board of Zoning Appeals. The applicant shall be responsible for the 359 cost and publication of any required published legal notification of the public hearing. 360 The applicant shall also notify all interested parties and property owners as required by 361 the Rules of Procedure of the Board of Zoning Appeals; however, notice by publication 362 shall not be required for the renewal of a Special Exception. The conduct of the public 363 hearing shall be in accordance with the Board of Zoning Appeals Rules of Procedure. 364 5. Approval or Denial of the Special Exception Application: Upon approval of a Special 365 Exception, the Hearing Officer shall inform the applicant that the applicant may apply 366 to the Director of Community Services for Improvement Location Permits (if 367 necessary) or may commence the Special Exception if no permits are required. Failure 368 of the Hearing Officer to inform the applicant of the time limits set forth in Section 369 5.72(D) shall not relieve the applicant of complying with said Section. 370 6. Appeal of Hearing Officer Decision: A decision of a Hearing Officer shall not be a 371 basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The 372 Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be 373 bound by any Findings of Fact made by the Hearing Officer. A person who wishes to 374 appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning 375 Appeals within five (5) days after the decision is made, as provided in I.C. 36-7-4-924. 376 08/21/2020 Accessory Dwelling Unit Ordinance Draft 9 7. Time Limit for Re-Application: A Special Exception application that is denied by a 377 Hearing Officer or the Board of Zoning Appeals is ineligible to be placed again on an 378 agenda for consideration until the legality of the decision is finally determined by a 379 court, pursuant to judicial review according to the Advisory Planning Law, or for a 380 period of twelve (12) months following the date of the denial, whichever is later. In 381 addition, whenever a Special Exception application is denied, the property involved in 382 the application shall not be the subject of a different Special Exception application, or 383 any use variance or rezone proposal, for a period of six (6) months following the date 384 of the denial. 385 386 C. Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give 387 consideration to the particular needs and circumstances of each application and shall examine 388 the following items as they relate to the proposed Special Exception: 389 1. Surrounding zoning and land use; 390 2. Access to public streets; 391 3. Driveway and curb cut locations in relation to other sites; 392 4. Parking location and arrangement; 393 5. Trash and material storage; 394 6. Necessary exterior lighting; and 395 7. Protective restrictions and/or covenants. 396 397 D. Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special 398 Exception application, shall base his or her decision upon the following factors as they relate to 399 the above listed items (Section 9.08 (C) concerning the proposed Special Exception: 400 1. The economic factors related to the proposed Special Exception, such as cost/benefit to 401 the community and its anticipated effect on surrounding property values; 402 2. The social/neighborhood factors related to the proposed Special Exception, such as 403 compatibility with existing uses in the vicinity of the premises under consideration and 404 how the proposed Special Exception will affect neighborhood integrity; and 405 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and 406 around the premises upon which the Special Exception is proposed. 407 408 E. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36-7-4-1015, a 409 Hearing Officer may, as a condition to any approval of an application for a Special Exception, 410 require or allow the owner to make any or all of the following commitments concerning the use 411 of the property: 412 1. That the Special Exception will fully comply with Section 5.72 Group Home Use 413 Standards. 414 2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, at 415 the discretion of the Hearing Officer. 416 3. If the Hearing Officer determines that a homeowners association or similar entity has 417 established limitations or prohibitions that apply to the property, that the owner’s 418 implementation of the Special Exception will not result in the violation of any such 419 limitations or prohibitions. 420 421 E.F. Special Exception Short Term Residential Rental Decisions; Commitment: Pursuant to IC 36-422 7-4-1015, a Hearing Officer may, as a condition to any approval of an application for a Special 423 Exception, require or allow the owner to make any or all of the following commitments 424 concerning the use of the property: 425 08/21/2020 Accessory Dwelling Unit Ordinance Draft 10 1. That the Special Exception will fully comply with Section 5.725.73 Short Term 426 Residential Rental Standards. 427 2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days 428 during a calendar year, at the discretion of the Hearing Officer. 429 3. If the Hearing Officer determines that a homeowners association or similar entity has 430 established limitations or prohibitions that apply to the property, that the owner’s 431 implementation of the Special Exception will not result in the violation of any such 432 limitations or prohibitions. 433 434 Section VI: Amend Article 11: Definitions as follows: 435 436 11.02 Definitions UDO Pages 11-4 through 11-22 437 438 Bona Fide Servants Quarters: Living quarters, which may include kitchen facilities, that are either 439 attached or detached from the principal residence, used as a residence by persons employed to provide 440 domestic services to the occupants of the principal residence. 441 442 Density, Gross: The total number of Dwelling Units divided by the Gross Area in acres, excluding 443 Accessory Dwelling Units. 444 445 Dwelling, Single-Family: A residential Building containing only one (1) Dwelling Unit and not 446 occupied by more than one (1) Family. A Group Home for the mentally ill shall be treated as if it were 447 a Single-family Dwelling. 448 449 Family: One or more persons living as a single housekeeping unit, including up to five (5) unrelated 450 persons, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority 451 house, or Group Home. 452 453 Home, Group: A residential Structure or facility where up to eight (8)six (6) or more unrelated people 454 persons who are in need of care, support or supervision can live together, such as children or those 455 who are elderly, disabled or mentally ill. 456 457 Servants Quarters: Living quarters within a portion of a main Building, or in an Accessory Building 458 located on the same Lot with the main Building, used for servants solely employed on the premises 459 with such quarters not being rented or otherwise used as a separate Dwelling. 460 461 Section VII: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 462 repealed. 463 464 Section VIII: This Ordinance shall be in full force and effect beginning January 1, 2021 from and after its 465 passage and signing by the Mayor. 466 467 08/21/2020 Accessory Dwelling Unit Ordinance Draft 11 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 468 and _____ nays. 469 470 471 COMMON COUNCIL FOR THE CITY OF CARMEL 472 473 ___________________________________ 474 Laura D. Campbell, President Sue Finkam, Vice-President 475 476 477 ___________________________________ ____________________________________ 478 H. Bruce Kimball Kevin D. Rider 479 480 481 ___________________________________ ____________________________________ 482 Anthony Green Jeff Worrell 483 484 485 ___________________________________ ___________________________________ 486 Tim Hannon Miles Nelson 487 488 489 ___________________________________ 490 Adam Aasen 491 492 493 ATTEST: 494 495 __________________________________ 496 Sue Wolfgang, Clerk 497 498 499 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at 500 _______ __.M. 501 502 ____________________________________ 503 Sue Wolfgang, Clerk 504 505 506 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 507 __.M. 508 509 ____________________________________ 510 James Brainard, Mayor 511 512 513 514 ATTEST: 515 ___________________________________ 516 Sue Wolfgang, Clerk 517 518 519 Prepared by: 520 Adrienne Keeling, Planning Administrator, One Civic Square, Car mel, IN 46032 521