HomeMy WebLinkAboutZ-658-20/Group Home Standards
10/19/2020
Ordinance Z-658-20
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Sponsor: Councilor Rider
ORDINANCE Z-658-20
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
___________________________________________________
An Ordinance establishing standards and approval process for Group Homes
in the Unified Development Ordinance.
Synopsis:
This ordinance amends the Unified Development Ordinance in order to amend definitions and to establish
standards and approval requirements for Group Homes.
WHEREAS, the term “group home” includes residential facilities designed to house or accommodate
the needs of various groups of individuals, particularly persons who are considered disabled or otherwise in
need of specialized services.
WHEREAS, state and federal statutes, primarily the Fair Housing Amendments Act (FHAA), which
was enacted by Congress in 1988, have made it unlawful for local governments to “make unavailable or deny,
a dwelling to any buyer or renter because of a handicap.”
WHEREAS, according to federal court decisions, plaintiffs may prove that a city violated the FHAA
by showing either (1) disparate treatment, (2) disparate impact, or (3) a refusal to make a reasonable
accommodation for disabled persons.
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
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19090013a OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, September 15, 2020, it hereby
adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as
amended), to read as follows:
Section I: Amend Article 1: Administration by adding BZA Hearing Officer filing fees for Group Home
review.
1.29 Filing Fees UDO Page 1-11
BZA Hearing Officer
• Residential $184 plus $107 for each additional
• Commercial petition $749.00 plus $371.00 for each additional
• Special Exception, Group Home $104 plus $104 per bedroom
• Special Exception, Short Term Rental $104.00
• Renewal of Special Exception $52.00
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Section II: Amend Article 2 by adding Group Home either as a Residential Special Exception or Permitted
Use for the following Districts:
2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4
Residential Special Exception – Group Home
2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6
Residential Special Exception – Group Home
2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8
Residential Special Exception – Group Home
2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10
Residential Special Exception – Group Home
2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12
Residential Special Exception – Group Home
2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14
Residential Special Exception – Group Home
2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-16
Residential Special Exception – Group Home
2.17 UR District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-18
Residential Special Exception – Group Home
2.23 B3 District Intent, Permitted Uses, Special Uses UDO Page 2-24
Residential Permitted Use – Group Home
2.25 B5 District Intent, Permitted Uses, Special Uses UDO Page 2-26
Residential Permitted Use – Group Home
2.27 B6 District Intent, Permitted Uses, Special Uses UDO Page 2-28
Residential Permitted Use – Group Home
2.29 B7 District Intent, Permitted Uses, Special Uses UDO Page 2-30
Residential Permitted Use – Group Home
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Section III: Amend Article 5: Development Standards to add standards for Group Homes as follows:
5.72 US-26: Group Home Use-Specific Standards
These Use-Specific Standards for Group Homes apply to the following districts:
[INSERT ICONS FOR S1, S2, R1, R2, R3, 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 which may result from the conversion of residential
properties to business or institutional uses. However, it is also the purpose of this Section to
provide that the City may not refuse to make a reasonable accommodation for a Group Home
whenever such an accommodation would not impose undue financial or administrative burdens
on the City or require a fundamental alteration in the Comprehensive Plan.
B. Special Exception Eligibility: A Dwelling located in a Residential District may be used as a
Group Home only if the owner or occupant applies for and is granted a Special Exception,
pursuant to Section 9.08 hereof.
C. Required Information for Application: Both the initial application and any renewal application
for a Special Exception or Improvement Location Permit for a Group Home shall contain
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 Carmel Police Department.
D. Limitations: The term of a Special Exception permit granted to a Group Home shall be twenty
(20) years. 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 Group Home 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 of the obligations imposed by any and all applicable
provisions of Federal and State laws and the Carmel 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 Federal
or State law and the Carmel City Code.
E. Reasonable Accommodation: After formal acceptance of an application for a Special
Exception for a Group Home, the Director of Community Services shall review the application
for the purpose of determining whether it would be a reasonable accommodation for the City to
grant the Special Exception in order to provide the residents who would be provided services at
the Group Home with access to housing that is equal to that of residents who are not in need of
such services. In addition to the items listed in Section 9.08(C) hereof, the Director of
Community Services shall consider the following:
1. If there are other Group Homes clustered within a block of the site;
2. The number of unrelated persons who will be living in the Group Home, and whether
any professional support staff will also be residing there;
3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at the
Group Home, and whether they will be marked;
4. If the Dwelling, existing, modified or new, is similar in design, materials and
landscaping as other adjacent and nearby Dwellings;
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5. Any other exterior indication that the Dwelling will be inhabited by Group Home
residents;
6. Any undue financial or administrative burdens that would be imposed on the City; and
7. If a fundamental alteration in the Comprehensive Plan would be required.
Based upon this review, the Director of Community Services may support or oppose the
granting of the Special Exception.
Section IV: Amend Article 9: Processes to add Group Homes to the Special Exception Process as follows:
9.08 Special Exception (Applicable to Group Homes and Short Term Residential Rentals)
A. General Information: Special Exception approval by a Hearing Officer of the Board of Zoning
Appeals shall be necessary prior to the establishment of a Special Exception, so cited by the
district regulations herein, or the 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, except as follows:
1. A proposed Group Home where not more than eight (8) unrelated persons will be
residents shall generally be entitled to favorable consideration;
2. A proposed Group Home where not less than nine (9) nor more than twelve (12)
unrelated persons will be residents shall generally be entitled to favorable
consideration, so long as the application is not opposed by the Director of Community
Services; and
3. A proposed Group Home where thirteen (13) or more unrelated persons will be
residents shall be entitled to favorable consideration only if the application is supported
by the Director of Community Services.
Any application for the renewal of a Special Exception shall generally be entitled to favorable
consideration, so long as it is not opposed 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
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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 responsible 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) 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.
7. Time 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;
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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) 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 Group Home 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 Group Home Use
Standards.
2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, 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.
F. Special Exception Short Term Residential Rental 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 5.73 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.
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Section V: Amend Article 11: Definitions as follows:
11.02 Definitions UDO Pages 11-4 through 11-22
Dwelling, Single-Family: A residential Building containing only one (1) Dwelling Unit and not
occupied by more than one (1) Family. .
Family: One or more persons living as a single housekeeping unit, including up to five (5) unrelated
persons, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority
house.
Home, Group: A residential Structure or facility where six (6) or more unrelated persons who are in
need of care, support or supervision can live together, such as children or those who are elderly,
disabled or mentally ill.
Section VI: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
Section VII: This Ordinance shall be in full force and effect beginning January 1, 2021 after its passage and
signing by the Mayor.
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes
and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at
_______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______
__.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Prepared by:
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
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