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Home My WebLink AboutZ-663-20/ADU in UDO (FAILED)02/01/2021 Ordinance Z-663-20, Version A 1 Sponsor: Councilor Rider ORDINANCE Z-663-20, As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ___________________________________________________ An Ordinance establishing standards for Accessory Dwelling Units in the Unified Development Ordinance. Synopsis: This ordinance amends the Unified Development Ordinance in order to establish standards for Accessory Dwelling units and to amend definitions related to dwellings. WHEREAS, the City wishes to promote housing options to help meet the needs and preferences of all residents. WHEREAS, the U.S. Census Bureau reports in 2018 that the number of households across Clay Township with one or more people over the age of 65 has grown to over twenty-five percent, with a median age of over 41.3 years. WHEREAS, a recent Housing Needs Assessment created for HAND reports the median closing price on existing single-family homes in Carmel to be $360,720, with a median new construction price at $543,958, both of which significantly outpace the overall Hamilton County prices of existing and new homes of $269,329 and $372,381, respectively. WHEREAS, a 2018 housing study commissioned by MIBOR and BAGI revealed several key findings related to housing in the Indianapolis Region over the next 20 years (2018-2038), including: • The Indianapolis Region is projected to gain over 274,000 net new jobs over the next 20 years, with Marion and Hamilton Counties expected to see the highest growth, driving demand for new housing units. However, most of the industries projected to account for more than half of the Region’s economy by 2038 offer median wages that would not allow single-earner households to afford an existing home • The Indianapolis Region is projected to underbuild each year by 1,750 units, and that recent construction trends won’t meet the demand for a projected 9,000 new housing units annually over the next 20 years. The study indicates Hamilton County’s share of that needed supply at 45,213 new housing units over the same time period. • There is an inverse relationship between new construction prices and the incomes needed to support them. Homes are being built at the high end, while below median wage households are increasing. • An underproduction of housing affects the entire economy, emphasizing that simply building housing is not enough to support and sustain economic growth. New housing needs to be in the right locations, of the right types, and at the right prices and rents to support both the workforce and local municipalities. WHEREAS, accessory dwelling units – or ADUs – are smaller, independent residential dwelling units located on the same lot as a single-family home, and are known by other names, including accessory apartments, carriage houses, in-law suites, and granny flats. WHEREAS, accessory dwelling units were a common feature in single-family housing in the late nineteenth and early twentieth century, providing additional housing for farmers, workers, tenants and extended families. With the rise of lower-density suburban single-family subdivisions following World War II, accessory DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E 02/01/2021 Ordinance Z-663-20, Version A 2 dwellings were ultimately prohibited by most local jurisdictions with the adoption of residential zoning codes which typically allowed only one home per lot, regardless of the home type or acreage with no exceptions. WHEREAS, the traditional accessory dwelling unit can play a role in serving a housing need, and according to AARP is reemerging as an affordable and flexible housing option that meets the needs of young couples who want a small footprint to seniors looking to downsize but remain in their neighborhood. AARP surveys consistently show that the vast majority of people age 50 or older want to remain in their homes and communities as they age rather than to relocate. A 2018 Home and Community Preference Survey revealed that people age 50-plus who would consider an accessory dwelling would do so in order to: • Provide a home for a loved one in need of care, • Provide housing for relatives or friends • Feel safer by having someone nearby • Have a space for guests • Increase the value of their home • Create a place for a caregiver to stay • Earn extra income from renting to a tenant. WHEREAS, according to the Urban Land Institute, accessory dwelling units can serve as a source of financial stability, especially for seniors and others living on fixed incomes. Rental income from an accessory dwelling unit can help defray rising costs of home ownership, allowing them to stay in their home and neighborhood. WHEREAS, because accessory dwelling units are smaller and use previously developed spaces such as basements, upper floors or back yards, they tend to be more affordable than regular residential units in the same neighborhood. WHEREAS, accessory dwelling units preserve the character of new and established neighborhoods because they can be created in many different shapes and styles. Accessory dwelling units can fit discreetly into many development patterns, including suburban subdivisions, urban neighborhoods, and larger lot estates. WHEREAS, accessory dwelling units efficiently use the City’s existing infrastructure and housing stock in comparison to a new 200-unit apartment building. They bring additional housing to an area organically, reducing the amount of new infrastructure needed to accommodate it. 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. 19090013 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, November 17, 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 Detached Accessory Dwelling Unit review. 1.29 Filing Fees UDO Page 1-11 BZA Hearing Officer • Residential $184 plus $107 for each additional • Special Use, Attached Accessory Dwelling $184 • Commercial petition $749.00 plus $371.00 for each additional DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E 02/01/2021 Ordinance Z-663-20, Version A 3 • Special Exception $104.00 • Renewal of Special Exception $52.00 Section II: Amend Article 2 by deleting Bona Fide Servants Quarters as a Permitted Accessory Use, and adding Accessory Dwelling as a Residential Special Use, for the following Districts: 2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4 Accessory Permitted Use – Bona Fide Servants Quarters Residential Special Use – Accessory Dwelling 2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6 Accessory Permitted Use – Bona Fide Servants Quarters Residential Special Use – Accessory Dwelling 2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8 Accessory Permitted Use – Bona Fide Servants Quarters Residential Special Use – Accessory Dwelling 2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10 Accessory Permitted Use – Bona Fide Servants Quarters Residential Special Use – Accessory Dwelling 2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12 Accessory Permitted Use – Bona Fide Servants Quarters Residential Special Use – Accessory Dwelling 2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14 Accessory Permitted Use – Bona Fide Servants Quarters Residential Special Use – Accessory Dwelling 2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-16 Residential Special Use – Accessory Dwelling 2.33 C1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-34 Accessory Permitted Use – Bona Fide Servants Quarters 2.35 C2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-36 Accessory Permitted Use – Bona Fide Servants Quarters DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E 02/01/2021 Ordinance Z-663-20, Version A 4 Section III: Amend Article 5: Development Standards as follows: 5.02 AB-01: Residential Accessory Building and Use Standards UDO Page 5-4 This Accessory Building and Use Standards (AB) section applies to the following zoning districts: ICONS: S1, S2, R1, R2, R3, R4, R5 C. Accessory Uses: 5. Servants Quarters: Quarters for bona fide servants employed by the occupants of the Dwelling are permitted. 5. Accessory Dwelling Units: a. Number: Only one (1) Accessory Dwelling Unit is permitted per single family residential lot. b. Approval: Unless specifically designated as a permitted use in a zoning district listed in Article 2: Zoning Districts or in an overlay district listed in Article 3: Overlay Districts, Special Use approval is necessary to establish an Accessory Dwelling Unit. d. Ground Floor Area (detached units only): Provided the requirements of Section 5.02(B)(1): Minimum Lot Standards and Section 5.02(B)(2): Maximum Lot Coverage are met, the Ground Floor Area for a detached Accessory Dwelling Unit shall be: i. Minimum Ground Floor Area: 400 square feet. ii. Maximum Ground Floor Area: 1,300 square feet, or up to seventy-five percent (75%) of the Ground Floor Area of the Principal Building, whichever is less, and iii. Shall not have more than two bedrooms. e. Height Standards: i. Detached Accessory Dwelling Units shall be a maximum of eighteen (18) feet in height or the height of the Principal Building, whichever is less. ii. Attached or Converted Accessory Dwelling Units shall have a maximum height as permitted in the base zoning district. iii. Detached Accessory Dwelling Units are permitted two (2) stories only if the Accessory Dwelling Unit is located above a detached garage. f. Parking and Driveways: i. The number of spaces required for an existing single-family detached dwelling is prescribed in Section 5.30: Amount of Parking Spaces Standards. ii. Conversion of existing garage parking shall not be permitted unless the same number of parking spaces are replaced in a garage elsewhere on the Lot. iii. No additional driveway cuts shall be permitted. g. Addressing: i. Detached units shall have an independent address. ii. Attached units shall use the same address as the primary structure with the addition of a suite number. iii. Separate mailboxes may be provided for the Principal and Accessory Dwellings. h. Public Utilities: Public utilities shall be metered and can be billed together with DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E 02/01/2021 Ordinance Z-663-20, Version A 5 or separately from the Principal Building. i. Foundation (detached units only): Detached units shall have a concrete or masonry foundation; however, basements shall not be permitted. j. Architecture: The architecture of the Accessory Dwelling Unit shall incorporate materials, colors, and design that complement the architectural theme and style of the Principal Building. i. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing Principal Building in a subdivision, the Director of Community Services shall review the proposed materials, colors and design. An owners’ association may impose more restrictive architectural standards. ii. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing Principal Building outside of a subdivision, the Director of Community Services shall review the proposed materials, colors and design. k. Building Code: The Accessory Dwelling Unit shall meet all of the dimensional requirements of the underlying zoning classification as well as the provisions of the International Residential Code, including Indiana Amendments. l. Limitations and Owner’s Association Certification: The allowance or approval of an Accessory Dwelling Unit shall only pertain to this Ordinance. It does not confer a right to construct an Accessory Dwelling Unit where such use is not otherwise permitted by an applicable Owners’ Association agreement, covenant, condition, restriction, requirement, a rental agreement, or any other restriction, requirement, or enforceable agreement. i. If the owner’s property is located within an Owners’ Association, the owner must submit a certification letter from the Owners’ Association to the Department stating that the construction of an Accessory Dwelling Unit does not violate any agreement, covenant, condition, restriction, requirement, rental agreement or any other restriction, requirement or enforceable agreement between the owner and the Owners’ Association. ii. If the owner is unable to obtain such certification after making a reasonable good faith effort to do so, owner may submit an affidavit to the Department stating that efforts were made to contact the Owners’ Association regarding the certification letter and that the construction of an Accessory Dwelling Unit does not violate any agreement, covenant, condition, restriction, requirement, rental agreement or any other restriction, requirement or enforceable agreement between the owner and the Owners’ Association. m. Special Use Decisions; Commitment: Pursuant to IC 36-7-4-1015, a Hearing Officer or the Board of Zoning Appeals may, as a condition to any approval of an application for a Special Use for a detached Accessory Dwelling Unit, require or allow the owner to make a commitment that no rental use of the Accessory Dwelling Unit will be permitted for a period of less than sixty (60) or ninety (90) days, at the discretion of the Hearing Officer. In addition, if the Hearing Officer or Board of Zoning Appeals determines that an Owners' Association or similar entity has established limitations or prohibitions that apply to the property, the owner may be required to make a commitment that the owner’s implementation of the Special Use will not result in the violation of any such limitations or prohibitions. DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E 02/01/2021 Ordinance Z-663-20, Version A 6 Section IV: Amend Article 11: Definitions as follows: 11.02 Definitions UDO Pages 11-4 through 11-22 Bona Fide Servants Quarters: Living quarters, which may include kitchen facilities, that are either attached or detached from the principal residence, used as a residence by persons employed to provide domestic services to the occupants of the principal residence. Density, Gross: The total number of Dwelling Units divided by the Gross Area in acres, excluding Accessory Dwelling Units. 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. For purposes of determining if a proposal is eligible for Hearing Officer approval, an Accessory Dwelling is only considered to be attached if: 1. the Accessory Dwelling shares a common wall, floor or ceiling with the Principal Building; or 2. the Accessory Dwelling is located above a detached garage which was established on the Lot prior to May 1, 2021. Servants Quarters: Living quarters within a portion of a main Building, or in an Accessory Building located on the same Lot with the main Building, used for servants solely employed on the premises with such quarters not being rented or otherwise used as a separate Dwelling. Section V: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section VI: This Ordinance shall be in full force and effect beginning May 1, 2021 after its passage and signing by the Mayor. DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E 02/01/2021 Ordinance Z-663-20, Version A 7 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _____________________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of _____________________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E Opposed Opposed Opposed Opposed Opposed Opposed Opposed Not Present Opposed