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HomeMy WebLinkAboutZ-369-02 Amend Z-366/Thoroughfare PlanSponsor: Councilor Wayne Wilson ORDINANCE NO. Z-369-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Requiring compliance with the Carmel~Clay Thoroughfare Plan; Defining Automobile Sales and Motor Vehicle; Amending the definitions of Home Occupation, Setback and Front Yard; Repealing the definition of Service Station; Amending requirements relating to Accessory Uses and Buildings; Establishing Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS) requirements in all Business Districts; Amending the B- 3~Business District to require Development Plan and ADLS approval through the Plan Commission; Amending provisions of the State Road 431~Keystone Avenue Overlay Zone District; Amending provisions of the Sign Ordinance relating to Vehicle Signs; and Addressing conflicting standards within the Zoning Ordinance. WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by requiting all development to occur in a manner that takes into account the requirements of the Carmel/Clay Thoroughfare Plan; and WHEREAS, the Common Council further finds that consistent application and enforcement of the Zoning Ordinance requires that the terms "Automobile Sales" and "Motor Vehicle" be defined; and WHEREAS, the Common Council further finds that the requirements of the Home Occupation use should be revised; and WHEREAS, the Common Council further finds that the definition of "Service Station" is adequately addressed by the definition of "Automobile Service Station"; and WHEREAS, the Common Council further finds that the organization of the Zoning Ordinance with respect to the requirements for Accessory Uses and Buildings should be amended to allow easier reference; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by requiring all development within the Business districts to go through the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) review process, thereby protecting the community's desire to promote an attractive, uncluttered appearance within the City and Township that preserves quality of life for the residents; and Ordinance No. Z-369-02 p. 1 WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by requiring all development within the B-3/Business District to go through the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) review processes; and WHEREAS, the Common Council the Common Council finds that it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City and Township by addressing the manner in which residential development may occur within the State Highway 431/Keystone Avenue Overlay Zone, thereby protecting the community's desire to promote an attractive, uncluttered appearance within the City and Township that preserves quality of life for the residents; and WHEREAS, the Common Council also finds that businesses that have invested in signage that conforms with current zoning standards should not be compelled to compete with businesses that utilize vehicle signage as additional identification signage, and that the parking of such vehicles, therefore, should be regulated; and WHEREAS, the Common Council finds that it is reasonable and necessary to define the hierarchy of the provisions of this Zoning Ordinance within itself; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Zoning Ordinance for the City and Township that will update the Ordinance and various procedures and penalties therein, pursuant to the Advisory Planning Law of the State of Indiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; NOW, THEREFORE, BE IT ORDAiNED by the Common Council of the City of Carmel, Indiana, as follows: that pursuant to lC 36-7-4-600 et seq. and IC 36-7-4°700 et seq., it adopts this Ordinance as an amendment to the Carmel/Clay Zoning Ordinance, No Z-289, as amended (the "Ordinance"), and amends and adds certain provisions to the ordinance as follows: Section I: a. Amend Section 2.9: Compliance with the Thoroughfare Plan to read: 2.9 Compliance with the Thoroughfare Plan. All projects and Improvements under the jurisdiction of this Ordinance shall conform with the terms of the Thoroughfare Plan in regard to public dedication of proper rights-of-way and in regard to setback and any other affected development standards. b. Adopt Section 3.7: Definitions: AUTOMOBILE SALES to read: Ordinance No. Z-369-02 p. 2 AUTOMOBILE SALES. Storage and/or display for sale of more than two (2) motor vehicles or any type of trailer. Amend Section 3.7: Definitions: HOME OCCUPATION to read: HOME OCCUPATION. An Accessory Use conducted m a Single-, Two- or Multiple-family Dwelling which is clearly incidental and secondary to the use of the Dwelling for dwelling purposes. (see also Section 25.18) doze not :k~ug: ~c oh,~r=ctzr of~o dwelling; -~ ~- smoke or vibr.~tion; 2. 5. 6. 7. *Acre is nc o',:tgide :forage or dizp!:y cf rr.,r, tcfi:!: in cormzction ':'/th tho Hz-nc by an;,' ve~2c!z mot c.-.:.~od by a fa'rd!y mcmber; rind 2. 3. 4. 5. 5. 7. 8. room or *~c :crying cf food or beverages; Ordinance No. ~369-02 p. 3 2. 3. ~.. 5. do Adopt Section 3.7: Definitions: MOTOR VEHICLE to read: MOTOR VEHICLE. An automobile, truck, motorcycle, mobile home or any other vehicle propelled or driven otherwise than by muscular power. Amend Section 3.7: Definitions - SETBACK, to read: SETBACK. The least measured distance between a structure and the street fight-of-way or proposed right-of-way as identified in the Thoroughfare Plan {whichever is greater), the Side Lot Line or the Rear Lot Line. Repeal Section 3.7: Definitions: SERVICE STATION. Amend Section 3.7: Definitions - FRONT YARD, to read: YARD, FRONT. A yard extending across the full width of the Lot between the Building Setback Line and the and the Front Lot Line which is unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the Front Lot Line and the Building Setback Line. Any Th..e side(s-) of a Lot ~t. at i: (are) adjacent to a hh~ street right-of-way. Amend Section 5.3: Accessory Buildings & Uses to read as follows: 5.3 Accessory Building and Uses (See Chapter 25 for additional regulations.) 5.3.1 See also Section 25.1. A Ordinance No. Z-369-02 p. 4 arc ca~a~!: cfb:ing !::k:d; zr ~c. Ordinance No. Z-369-02 p. 5 5.3.6 it hears =': idcntiflc=~cn *-~g i':dicating *&c .".amc cf ~he Lighting of[hz ccm~ area :ha!! .............. ..~, ~.~.,~ ...~.~ ~....~'-- ..,~ ,,~/ ......... leo of bc)'and :.n)' !ct linc in cxccas of 9. I fcctaand!c ~c,;.~+ Amend Seca'on 6.3: Accessory Buildings & Uses to read as follows: 6.3 Accessory Buildings and Uses. See also Section 25.1. rcgu!atlcn:.) Amend Section 7.3: Accessory Buildings & Uses to read as follows: 7.3 Accessory Buildings and Uses. See also Section 25.1. reg'.:!atica:.) Amend Section 8.3: ~4ccessory Buildings & Uses to read as follows: 8.3 Accessory Buildings and Uses. See also Section 25.1. 1. Amend Section 9.3: Accessory Buildings & Uses to read as follows: Ordinance No. Z-369-02 p. 6 9.3 Accessory Buildings and Uses. See also Section 25.1. /~ rt. ..... ~ e^~ additlcnal reg'.:!at!cns.} Amend Section 10.3: Accessory Buildings & Uses to read as follows: 10.3 Accessory Buildings and Uses. See also Section 25.1. Sa-nc :: S I Dia~izt regu!aScn: cf Sec:ion 5.3. Amend Section l 1.3: Accessory Buildings & Uses to read as follows: 11.3 Accessory Buildings and Uses. See also Section 25.1.w~/~ ChaF:cr .~5 .fo-.. ..... onal reg'a!aticn:.) Acee::c~' use: cr building: cu:tcmari!y and pur:ly incidental tc 'mc '.caen a!!::':,':d in this dis~ct Adopt Section 12.0.2: Plan Commission Approval to read: 12.0.2 Plan Commission Approval. A. Development Plan. Not required. Architectural Design, Exterior Lighting, Landscaoing and Sign:ge. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-1 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. Amend Section 12.3: Accessory Buildings & Uses to read as follows: 12.3 Accessory Buildings and Uses. See also Section 25.1. Adopt Section 13.0.2: Plan Commission Approval to read: 13.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Design~ Exterior Lighting, Landscanint and Sitnaee. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review Ordinance No. Z-369-02 p. 7 the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-2 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. Amend Section 13.3: Accessory Buildings & Uses to read as follows: 13.3 Accessory Buildings and Uses. See also Section 25.1. t.~ ,~a ..... *r r^~ a~it~c, nal regu!atier.;.) Adopt Section 14.0.2: Plan Commission Approval to read: 14.0.2 Plan Commission Approval. Development Plan. The Commission shall review the Development Plan (DP) of any proposed uso of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. Architectural Desitin, Exterior Li~,htino. Landscanin~, and Siena~e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. Amend Sections l 4.1: Permitted Uses to read: 14.1 PermitXed Uses: Country club Golf course Multiple-family dwelling Any Use Permitted in the B-2 District (Section 13.1) except: Commercial warehouse storage Contractors storage facility Exterminating shop Feed store Ordinance No. Z-369-02 p. 8 Food products distributing station Grain elevator Machine shop Power transmission line Sheet metal shop Sign shop Specialized contractor shop Welding shop Amend Section 14.2: Special Uses to read: 14.2 Pc..'xr2Xc~ Special Uses: (See Chapter 21 for additional regulations.) Twa fa.~.J!y dwelling Sign Any Special Usc permitted in the B-2 District (Section 13.2) except: Commercial sanitary landfill or refuse dump Commercial sewage or garbage disposal plant Junk or material and/or salvage yard Outdoor theater Penal or correctional institution Race track Raising and breeding of non-farm fowl and animals Amend Section 14.3: Accessory Buildings & Uses to read as follows: 14.3 Accessory Buildings and Uses. See also Section 25.1. Ordinance No. Z-369-02 p. 9 w. Amend Section 15.0.2: Minimum Tract Requirements to 15.0.3: Minimum Tract Requirements. Adopt Section 15.0.2: Plan Commission Approval to read: 15.0.2 Plan Commission Approval. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-4 District pursuant to the provisions of Chapter 24: Planned District Regulations prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. Architectural Desien, Exterior Lighting, Landscaoino and Sienaoe. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-4 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. Amend Section 15.3: Accessory Buildings & Uses to read as follows: 15.3 Accessory Buildings and Uses. regu!aticrz.) See also Section 25.1. Adopt Section 16.0.2: Plan Commission Approval to read: 16.0.2 Plan Commission Approval. A. Development Plan. Not required. Architectural Design, Exterior Liohtino, Landscaoin~ and Si~nal~e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-5 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. aa. Amend Section 16.3: Accessory Buildings & Uses to read as follows: Ordinance No. Z-369-02 p. 10 16.3 Accessory Buildings and Uses, See also Section 25.1. r~gu!at~cna.) ab. Amend Section 17.0.2.'Minimum Tract Requirements to l 7.0.3: Minimum Tract Requirements. ac. Adopt Section 17.0.2: Plan Commission Approval to read: 17.0.2 Plan Commission Approval. A. Development Plan. Not required. Architectural Design~ Exterior Lighting~ Landscaping and Sienaee. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-6 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. ad. Amend Section 17, 3: Accessory Buildings & Uses to read as follows: 17.3 Accessory Buildings and Uses. See also Section 25.1. ac. Amend Section 18.0.2: Plan Commission Approval to read: 18.0.2 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-7 District prior to the Ordinance No. Z-369-02 p. ll issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. Architectural Desilln, Exterior Lil~htin~, Landscanine and Signa~e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-7 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. Applicability. Plan Commission approval shall be necessary: prior to the consideration by the Board of Zoning Appeals for a variance of any property located within the B-7 District; 2. prior to the issuance of any Improvement Location Permit in the B-7 District. Review Criteria. The P!an Commission shall examine each proposal in relation to thc health, safety and general welfare of the community and particularly nearby residential areas. The Plan Commission review is to determine that the proposed use is within the permitted uses within a B-7 District and that the proposed use is appropriately designed and landscaped to compatibly adjoin a residential area. In such review, the comrmssion shall consider the particular elements of each proposal, which may include, but are not limited to the following items: Neighborhood Impact. SociaFneighborhood effects, impact on surrounding property, compatibility with existing commercial uses, benefit to community, and minimization or containment of possible negative effects. Site Suitability. Topography, on-site and off-site surface and subsurface storm and water drainage, surrounding zoning and land use, access to public streets, soils and hydrology. Public Facilities. Capacity of proposed and existing public streets, available police and fire protection, Easements and utilities on-site and to the site, including water, sewage and storm drainage facilities. Circulation Patterns. Amount and direction of traffic flow proposed, existing vehicular and pedestrian circulation pattern, streets, sidewalks, curbs, gutters, driveway and curb cut locations in relation to other sites, parking location and arrangement, alleys, service areas, loading bays and dedication of streets and rights-of-way. Architectural Design. Scale and proportion, suitability of building materials, surrounding building design, proposed and existing landscaping, exterior lighting, signage, site coverage, screening and buffering and necessary building height, bulk and setback. a£ Amend Section 18.3: Accessory BuiMings & Uses to read as follows: Ordinance No. Z-369-02 p. 12 18.3 Accessory Buildings and Uses. See also Section 25.1. regu!atieng.) Accessory Buildings and Uses anti :-"'.:'e*.~eg customarily and purely incidental to the uses allowed in this district are permitted contingent upon Plan Commission approval (see Section 18. 0.2) and under the following conditions: shall have on all sides the same architectural features or shall be architecturally compatible with the principle building(s) with which it is associated. ag. Amend Section 19. 0.2: Tract Requirements to 19.0.3: Minimum Tract Requirements. ah. Amend Section 19.0.3: Plan Commission Approval to 19.0.2: Plan Commission Approval to read: 19.0.2 Plan Commission Approval. A. Development Plan. Not required. Architectural Design~ Exterior Lightim,. Landsca~ine and Si~naue. To insure the compatibility of the proposed use with adjoining areas, the Plan comrmssion shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-8 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Plan comrmssion the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Plan Commission. ai. Amend Section 19.3: Accessory Buildings & Uses to read as follows: Ordinance No. Z-369-02 p. 13 19.3 A~cessory Buildings and Uses. See also Section 25.1. Accessory :::z: cf Buildings and Uses customarily and purely incidental to the uses allowed in this district are penuitted contingent upon Plan Commission approval (see Section 19.0.3) and under the following conditions: provided that the building materials and color are compatible with those of the primary building. Amend Section 20A. 3: Accessory Buildings & Uses to read as follows: 20A.3 Accessory Buildings and Uses. See also Section 25.1. reg',:'!at!cw.) Amend Section 2OB. 3: Accessory Buildings & Uses to read as follows: 20B.3 Accessory Buildings and Uses. See also Section 25.1. rzgu!aticn:.) al. Amend Section 20C3: Accessory Buildings & Uses to read as follows: 20C.3 Accessory Buildings and Uses. See also Section 25.1. ~ ,~ ..... ~ c^. ~ am. Amend Section 20D. 3: Accessory Buildings & Uses to read as follows: 20D.3 Accessory Buildings and Uses. See also Section 25.1. an. Amend Section 20G. 5.2: Multi-Family Housing Zone (MF); A. Permitted Uses; (2) Accessory Buildings to read as follows: 20G.5.2(A)(2) Accessory Buildings. See also Section 25.1. ao. Amend Section 23A.2; Minimum Front Yard to read: Ordinance No. Z-369-02 p. 14 23A.2 Minimum Front Yard A. Residential Zones: thirty (30) feet. B. Business~ IndustriaL and Manufacturing Districts and/or Uses: one hundred twenty (120) feet. ap. Amend Section 23A. 5: Plan Commission Approval to read: 23A.5 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Design, Exterior Liphtinp. Landscanim,, Parking. and Signage. Property Zoned and Used for Single- and Two-Family Dwellings. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) not required~ Multi-Family~ Business~ Industrial, and Manufacturing Districts and/or Uses. m~. Commission approval of the T ~_~ .... :-~ Plan, o~_~.:_~ m.- L!gkt~g .... m .... , .......... ~ n.~: ....... ~ ..... , ~.~.~ Architectural Design, Exterior Lighting, Landscaping, Paring, and Signage (ADLS) is required. If a Parent Tract is located both ~ide and outside of the State Highway 431 - Keystone Avenue Co~idor Overlay Zone, ADLS approval is required for ~e entire Parent Tract tc be deve!cpe~. aq. Amend Section 23A. 6: Other Requirements. to read: 23A.6 Other Requirements. Primary Zoning Districts. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Conflicting Ordinances. Wherever there exists a conflict between the requirements of the U.S. 31/Meridian Street Overlay Zone and those of the State Highway 431/Keystone Avenue Corridor Overlay Zone, the requirements for the U.S. 31/Meridian Street Corridor Overlay Zone shall govern. Repeal Section 25.1.3. n ........ re~,:dcnt:a =rage Cr ........ .,, ........ ~ ................ g p ~ as. Repeal Section 25.1.4. 25.1.d Filling ................................. Ordinance No. Z-369-02 p. 15 at. Repeal Section 25.1.5. au. Amend Section 25.1: Accessory Building & Uses to read as follows: 25.1: Accessory Buildings & Uses. 25.1.1: Residential Districts. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: Accessory Buildings and Uses shall not alter or change the character of the premises; Accessory Buildings and Uses shall be on the same lot as the Principle Building to which they are accessory; Accessory Buildings shall not be attached to the Principle Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timing: No Accessory Building shall be constructed upon a lot until the construction of the Principle Building has actually commenced; and, No Accessory Building shall be used unless the Principle Building on the Lot is also being occupied for the intended purposes. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; B. Height and Area Requirements. 1. Maximum Height. Eighteen (18) feet. 2. .Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard. Except as otherwise provided for Corner and Through Lots, when detached from the Principle Building, Accessory Buildings shall be set back a minimum of the greater of the following: Ordinance No. Z-369-02 p. 16 (a) twenty-five (25) feet behind the Front Line of Building; (b) twenty-five (25) feet behind the Building Setback Line. ii. On Corner Lots no residential Accessory Building may be erected: (a) forward of any Front Line of Building of the Principle Building, or (b) in any required Minimum Front Yard. iii. On Through Lots no Accessory Building may be erected: (a) forward of the Front Line of Building of the front facade of the Principle Building, or (b) in the required Minimum Front Yard located to the rear of the Principle Building. b. Minimum Side and Rear Yards. When more than ten (10) feet from a Principle Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) Five (5) feet, or (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. ii. When closer than ten (10) feet to a Principle Building, Accessory Buildings shall be considered as part of the Principle Building and shall be provided with the Side and Rear Yards required for the Principle Building. Maximum Lot Coverage. The combined square footage of all Dwellings, Private Garages and Accessory Buildings on a given Lot shall not exceed thirty-five percent (35%). Maximum Gross Floor Area. The combined square footage of a Private Garage and/or Aceessory Building shall not exceed the living area of the Principle Building. Liuhtim,. No lighting shall cause illumination at or beyond any Lot Line in excess of 0.1 Footcandle of light. Accessory Uses. Ordinance No. Z-369-02 p. 17 Exceptions. Accessory Uses such as public utility installations, private walks, driveways, retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any required Front, Side or Rear Yard. Multi-familyDistricts. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster and/or compactor plus two (2) feet. Private radio and television reception and transmitting towers and antennas. a. Permitted subject to applicable local, state and federal regulations. b. No structure shall be located or permitted within ten (10) feet of a power transmission line. Guest House. a. One (1) Guest House with cooking facilities may be permitted as an Accessory Building on Lots containing not less than one (1) acre. Servants Quarters. a. Quarters for bonafide servants employed by the occupants of the Dwelling are permitted. Tennis courts. a. Shall be located only within a Side or Rear Yard. b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16) feet if such fences only enclose a regulation court area and standard apron areas. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a minimum of three (3) feet from the alley easement or right-of-way line. Private Swimming Pool. a. Minimum Side and Rear Yard Setbacks. A swimming pool or its deck shall be set back a minimum of the greater of the following: i. Ten (10) feet from the Side or Rear Lot Line or ii. the Minimum Side or Rear Setback for the district. Ordinance No. Z-369-02 p. 18 b. Safety. For purposes for safety, the following shall apply: Walls or Fencing. Walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self-closing and latching gates and doors, both capable of being locked; ii. Other Means. Other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and iii. Combination. A combination of Subsections (i) through (ii) that completely surrounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked; or Pool Cover. A safety pool cover may be used provided that: (a) there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; (b) it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; (c) it is capable of supporting a four hundred (400) pound imposed load upon a completely drawn cover; (d) it is installed with a track, rollers, rails or guides; (e) it bears an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any. (0 that it is in compliance with the Indiana swimming pool code, 2d Edition, effective date September 13, 1989, as amended. 25.1.2: Business~ Industrial~ and Manufacturing Districts. Ordinance No. Z-369-02 p. 19 Bo Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: Accessory Buildings and Uses do not alter or change the character of the premises; Accessory Buildings and Uses are on the same lot as the Principle Building to which they are accessory; Accessory Buildings are not attached to the Principle Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timing: No Accessory Building shall be constructed upon a lot until the construction of the Principle Building has actually commenced; and, No Accessory Building shall be used unless the Principle Building on the Lot is also being occupied for the intended purposes. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; Height and Area Requirements. 1. Maximum Height. Twenty-five (25) feet. 2. Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard Setback. When detached from the Principle Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) twenty-five (25) feet behind the Front Line of Building; (b) twenty-five (25) feet behind the Building Setback Line. b. Minimum Side and Rear Yards. When more than ten (10) feet from a Principle Building, Accessory Buildings shall he set back a minimum of the greater of the following: (a) Five (5) feet, or Ordinance No. Z-369-02 p. 20 (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. ii. When closer than ten (10) feet to a Principle Building, Accessory Buildings shall be considered as part of the Principle Building and shall be provided with the Side and Rear Yards required for the Principle Building. 7. Maximum Lot Coverage. The combined square footage of the Principle Buildings, Garages and Accessory Buildings shall not exceed the Maximum Lot Coverage allowed in the given district. Accessory Buildings and Uses located in a Side or Rear Yard may not occupy more than thirty percent (30%) of the Side or Rear Yard. 8. Maximum Gross Floor Area. Reserved. Liehtino. Lighting shall not cause illumination beyond any residential Lot Line or road right-of-way line in excess of 0.1 Footcandle of light. Lighting shall not cause illumination beyond any non-residential Lot Line or road right-of-way line in excess of 0.3 Footcandle of light. C. Accessory Uses. Exceptions. Accessory Uses are permitted in the required Front Yard in all Business, Industrial, and Manufacturing districts. 2. Business~ Industrial~ and Manufacturing Districts. Trash receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster and/or compactor plus two (2) feet. Garage. Where a Garage is entered from an Alley, it must be set back a minimum of three (3) feet from the alley easement or right- of-way line. av. Amend Section 25. 7. 01-2: Definitions: VEHICLE SIGN to read as follows: VEHICLE SIGN. A sign on a vehicle of any kind, provided the sign is painted or atlached directly to the body of the original vehicle and does not project or extend beyond two (2) inches from the original manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate and shall not be permanently parked on a public s~reet or street fight-of-way. A :~gn in er ~.n a ;'chicle that ad:':~:c: the ve~2c!e f~r :ale, !ea:e or .~--~-~1 ~1~1! ~, ~ ..... .'~1~1 . xr~U:~lc o;g ...................... See also Section 25.7.01- 4(q)." Ordinance No. Z-369-02 p. 21 aw. Repeal Section 25. Z 01-3(l): 25.7.01-3: Exempted Signs. ax. Adopt Section 25. 7.0l-4(q) to read as follows: 25.7.0l-4: Prohibited Signs. q) It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the right-of-way line of any public street and forward of the Front Line of Building of the Principle Building, with the exception of: (i) Vehicles actively involved in construction on or the serving of the site. (ii) Vehicles delivering products to the site in designated loading areas. (iii) Vehicles parked in designated track parking areas of a development that have been screened from or are not generally visible from the public right-of-way. (iv) Passenger vehicles, pick-up trucks, and vans of a size that can fully fit within a standard parking space, containing signs painted on or permanently affixed on the doors or integral body panels that do not exceed sixteen (16) square feet in area. ay. Amend Section 25.12.1(7) to read: 7. A bu~!~k':g pe..~rc2t An Improvement Location Permit shall be required prior to the erection of a satellite receiving antenna greater than twenty-four (24) inches in diameter. az. Amend Section 25.13: Towers;. 1: Development Standards; (1): Zoning to read as follows: 25.13.1 Development Standards: 1. Zoning. Business Industrial and Manufacturing Districts. Towers shall be permitted as Special Uses only in the Business, Industrial, and Manufacturing Districts, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. Business Districts. A Tower must meet all setback requirements of the district in which it is erected. No Tower may be erected between a Principle Building and a Street. ii. Industrial and Manufacturing Districts. A Tower may encroach into the required Rear Yard so long as the Rear Lot Line does not abut a Residential District. No Tower may be erected between a Ordinance No. Z-369-02 p. 22 Bo Co Principle Building and a Street, except in the required Side Yard in Manufacturing or Industrial Districts. Residential Districts. Towers shall be permitted in the Residential Districts only as Special Exceptions, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. If a Tower is pemfitted as a Special Exception in a Residential District, the tower must be built: not less than one hundred (100) feet, plus one (1) additional foot for every for every foot of the Tower's height, from the property line of any parcel zoned and/or used for residential purposes, and ii. not less than one-half (~) mile from any other existing or approved Tower on which collocation is possible. iii. No Tower may be erected between a Principle Building and a Street. Overlay Zones. If a Tower is located in an Overlay Zone, it shall ~y also be subject to Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval in accordance with the Development Standards established for that Overlay Zone. ba. Adopt Section 25.18: Home Occupation to read: 25.18: Home Occupation. 25.18.1 Standards Generally. Floor Area: Home Occupations shall utilize no more than fifteen percent (15%) of the gross floor area of the dwelling. Character: 1. The Home Occupation shall not change the character of the Dwelling, Lot or parcel; The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; The Home Occupation shall not be permitted signs other than those normally permitted in the district in which the Home Occupation is located. Co Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. Employees. The Home Occupation shall employ no more than one (1) individual outside of the immediate family. Ordinance No. Z-369-02 p. 23 Deliveries. The delivery of any materials for the Home Occupation will not exceed two (2) trips per day by any vehicle not owned by a family member. Equipment. The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. 25.18.2 Excluded Uses: B. C. D. E. F. antique or gift shop; serving of food or beverages; animal hospital or commercial kennel; automobile repair; major appliance repair or services; and any processing or manufacturing that produces noxious materials or products. bb. Adopt Section 25.19: Automobile Filling and Automobile Service Stations. 25.19 Automobile Filling and Automobile Service Stations. A. Generally. Setback. a. Principle Building. Per primary zoning district. b. Pumps and Pump Islands. Minimum thirty (30) feet from residentially zoned or used property. May not be located within required yards. c. Accessory Buildings and Uses. See Section 25.1. Li~,htine. a. Light standards may be located within the required Front Yard. b. Light standards shall be located a minimum of thirty (30) feet from residentially zoned or used property. c. Intensity. Lighting shall not cause illumination beyond any residential Lot Line or road right-of-way line in excess of 0.1 Footcandle of light. Lighting shall not cause illumination beyond any non-residential tract or parcel line or road right-of-way line in excess of 0.3 Footcandle of light. B. Automobile Filling Station. C. Automobile Service Station. Ordinance No. Z-369-02 p. 24 bc. Amend Section 26.2.2 to read: 26.2.2 Corner Lots. A. Oa Cra-er Let: There must be a From Yard provided on both Streets. B. On Comer Lots that are Lots of Record, the buildable Lot Width cannot be reduced to less than twenty-eight (28) feet, except that there shall be a Side Yard of at least five (5) feet along each Side Lot Line. C. The minimum buildable Lot Width of twenty-eight (28) feet for Principle Buildings is reduced to twenty-two (22) feet for Accessory Buildings. bd. Repeal Section 26.2.12: be. Repeal Section 26.2.13. bf. Repeal Section 26.2.15. bg. Repeal Section 26.2.17: bh. Repeal Section 26.2.18. Ordinance No. Z-369-02 p. 25 bi. Repeal Section 27.2.5: bj. Amend Section 31.3 to read as follows: 31.3 Conflicting Ordinances 31.3.1 Unless otherwise specifically stated within this Ordinance, whenever any provision of this Ordinance or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by any other provision of this Ordinance, the more stringent provision shall govern. 31.3.2 Whenever any provision of this Ordinance imposes a greater requirement or a higher standard than is required in any State or Federal code or regulation or other City ordinance or regulation, specifically the Uniform Building Code, One and Two Family Building Code, Uniform Plumbing Code, and the National Electrical Code, the provision of this Ordinance shall govern. 31.3.3 Whenever any provision of any State or Federal statute or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by this Ordinance, the provision of such State or Federal statute or other City ordinance shall govern. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-369-02 p. 26 PASSED by the Common Council of the City of Carmel, Indiana this __ Q ~'-~)/(~"r / / ,2002, by a vote of .~- ayes and (~2 nays. V /~day of COMMON COUNCIL FOR THE CITY OF CARMEL Pr ding Offic Wayne V~ilson,'President Pro Tempore Robert Battmall C Kevin~~ ATTE*~'~:'~ /~ DianJ L. Cordray, IAMC, Clerk~rea~urer 5ted by me to the Mayor of the City of Carmel, Indiana this /~/day of ,2002, at 7 --~(~L.M. L~.q.%~c ~ ~~ Di~a L. Cor&ay, ~C, ~l~T[p~surer Approved by me, Mayor of the City of C~el, Indi~a, this of ~f~ '2002'at'C° ~'M' ~ - ATTEST?i ) Diana L. Cordray, IA/VIC, Clerk-Tint, er Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z-369-02 p. 27 To: CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-369-02 The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application (Docket No. 160-01 OA) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to amend Sections 2.9: Compliance with the Thoroughfare Plan; 3.7: Definitions; 5.3: Accessory Buildings & Uses; 6,3: Accessory Buildings & Uses; 7.3: Accessory Buildings & Uses; 8.3: Accessory Buildings & Uses; 9.3: Accessory Buildings & Uses; 10.3: Accessory Buildings & Uses; 11.3: Accessory Buildings & Uses; 12,0.2: Plan Commission Approval; 12.3: Accessory Buildings & Uses; 13.0.2: Plan Commission Approval; 13.3: Accessory Buildings & Uses; 14.0.2: Plan Commission Approval; 14.1: Permitted Uses; 14.2: Special Uses; 14.3: Accessory Buildings & Uses; 15.0.2: Plan Commission Approval; 15.0.3: Minimum Tract Requirements; 15.3: Accessory Buildings & Uses; 16.0.2: Plan Commission Approval; 16.3: Accessory Buildings & Uses; 1ZO. 2: Plan Commission Approval; 17.0.3: Minimum Tract Requirements; 1Z3: Accessory Buildings & Uses; 18.0.2: Plan Commission Approval; l&3: Accessory Buildings & Uses; 19.0.2: Plan Commission Approval; 19.0.3: Minimum Tract Requirements; 19,3: Accessory Buildings & Uses; 20A,3: Accessory Buildings & Uses; 20B.3: Accessory Buildings & Uses; 20C. 3: Accessory Buildings & Uses; 20D, 3: Accessory Buildings & Uses; 20G. 5.2(A)(2): Accessory Buildings; 23A.2: Minimum Front Yard; 23A.5: Plan Commission Approval; 23A.6: Other Requirements; 25,1: Accessory Building & Uses; 25.7.01-2: Definitions; 25, Z01-3(l); 25.7,01-4: Prohibited Signs; 25.12,1(7); 25.13: Towers; 25.18: Home Occupation; 25,19: Automobile Filling and Automobile Service Stations; 26.2.2: Corner Lots; 26,2.12; 26,2.13; 26.2.15; 26.2.17; 26,2.18; 2Z2,5; and 31.3: Conflicting Ordinances of the Carmel/Clay Zoning Ordinance: The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is FAVORABLE. At its regularly scheduled meeting of February 19, 2002, the Carmel/Clay Plan Cormnission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-369-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4- 607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Thursday, May 30, 2002. ATT~T: ~.. .// Ra~nonh I~Ianc~k, S&retar~ Carmel/Clay Plan Commission Dated: March 1, 2002 CA~MEL/CLA.Y PLAN COMMISSION ~a~l SpraYer(r, Vice Pr~ident REC~VED CARMEL CLERK-- ~.. PROOF OF PUBLICATION ,~,,.~..Z -~ ¢-,' z_ State of Indiana, Counties of Hamilton and Marion, SS: Before me a~t~tT~a~u~,~e~i~d for the counties of Hamilton & Marion and State of Indiana, personally appeared,....~/!..~!.:..~.....~f:~..r~..;, who being duly sworn upon oath, deposes and says, that he is the-~eneral Manager of the Topics Newspapers, the newspaper of general 20G.5.2(r~)(2): Accessory Bu Idin s 23A~: Minimum Front circulation in Hamilton and Marion Counties, State ofr/q'ffil~.~'~, printed in Ihe English language and printed and pul2lished daily~4n thc town of Fishers, Hamilton County, State of Indiana, and that said Topics Newspapers have been published continuously for more than threc years last past, in said counties and state; that the Notice of publication, a true copy of which is hereto annexed was duly published in said newspaper .... for...(.., week~ (insertionS, suct'eb-~'~.y) which publications were made as follow~: And that all of said publications were made in full compliance with the laws. ~ Subscribed arid sworn to before me this' ...... ./....~.. ......... day of ./..'.~'/.~. ~.. ff,~.. ....... 20 ~ ~ .... NoCa~/-~ Public / ~,fi~ ~'~- .~/-f~ .~-.. '(Seal) My comm,ission expires ....... Nov. 28, 2009 ...... Publisher s Fee../..-~.'.~.~. .... Resident of Hamilton County Fo)m PreScribed by State Board of Accounts / Government Unit · To: General Form No. 99P (Revised 2002) The Dailu Ledoer Dr. Hamilton County. Indiana Noblesville. Indiana 460~0 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisment is set) -- number of equivalent lines ........................ Head -- number of lines ................................. , ............ Body -- number of lines ............................................. Tail -- number of lines .............................................. Total number of lines in notice .................................... COMPUTATION OF CHARGES 24 lines. / columns wide equals oI~;~ .equivalent lines at,,~ Y~//~ cents per line ......................................... $ Additional charge for notices containing rule or tabular work (50 percent of above amount) ..................................... charge for extra proofs of publication ($1.00 for each proof in excess of two) ............................................... TOTAL AMOUNT OF CLAIM ...................................... DATA FOR COMPUTING COST Width of single column ~' ~/ ems Number of insertions / Size of type ~' point Pursuant to the provisions and penalties of Chapter 155. Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the sarn~~. 0~aff Date/~'~ 7 , 20 D ~- Title: General Manager NOTICE OF POBLIC PUBLISHER'S AFFIDAVIT State of Indiana ss: Hamilton County Personally appeared before me, a notary public in and for said county and state, the undersigned Thomas H. Jekel who. being duly sworn, says that he is General Manager of The Daily Ledger a daily newspaper of general circulation printed and published in the English language in the town of Fishers in state and county aforesaid, and that the pr/nted matter attached hereto is a true copy, which was duly published in said paper for / time , the date of pub- lication being as follows: