HomeMy WebLinkAboutZ-417-03 Amend Agriculture DistrictSponsor: Councilor Snyder
ORDINANCE NO. Z-417-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Adopting by Reference Chapter 20J: AG-1 Agriculture Distn'ct into Article 1:
Zoning Code of Chapter 10: Zoning & Subdivisions of the City of Carmel, Indiana Code of
Ordinances
WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully
adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting
of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay
Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10
of the Carmel City Code; and
WHEREAS, pursuant to Indiana Code 36-7-4-601 the Common Council is authorized
and empowered to establish zoning districts for agricultural and other uses; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
amend the text of the zoning ordinance; and
WHEREAS, pursuant to Ordinance No. D-1600-02, the Carmel/Clay Zoning Ordinance
is incorporated by reference into the Carmel City Code; and
WHEREAS, the Common Council now wishes to create and adopt an agricultural zoning
district to promote the general welfare, to recognize the needs of agriculture within the
community, and to better plan for the future development of Carmel and Clay Township.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Carmel, Indiana, that:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. The Zoning Ordinance is officially amended to add the following:
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDMSIONS
ARTICLE 1: ZONING CODE
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 20J: AG-I/AGRICULTURE DISTRICT
201.00 AG-l/Agriculture District.
20J.01 Permitted Uses.
20J.02 Special Uses and Special Exceptions.
20J.03 Accessory Buildings and Uses.
20J.04 Height and Area Requirements.
20J.05 Variance.
Ordinance No. Z417-03
page I
Sponsor: Councilor Snyder
20J.00 AG-l/Agriculture District.
20J.00.01 Purpose and Intent.
The purpose of the AG-1/Agriculture District is to recognize and address the needs of agricultural
lands and activities located in rapidly developing areas. It is the intention of this district to
preserve and conserve pr/me agricultural land and protect existing open areas from this
encroachment.
20J.01 Perm/Red Uses.
See Appendix A: Schedule of Uses.
20J.02
Special Uses and Special Exceptions. (See Chapter 21: Special Uses & Special Exceptions for
additional regulations)
See Appendix A: Schedule of Uses.
20J.02.01 Min/mum Area Reouirements:
Use Minimum Area
Commercial Greenhouse
Plant Nursery
Cemetery
20J.02.02 Other Requ/rements: None.
(Acres)
Ten (10)
Ten (10)
Thirty (30)
20J.03 Accessory Buildings and Uses: (See Chapter 25: Additional Use Regulations for ad&~ional
regulations)
20J.04
Height and Area Requirements: (See Chapter 26: Additional Height, Yard and Lot Area
Regulations for additional regulations)
20J.04.01 Maximum Height:
1. Ptincipal Building: Thirty-five (35) feet
2. Accessory Building: Twenty-five (25) feet
3. Agricultural Buildkng: Fif~ (50) feet
20J.04.02 Minimum Lot Area: Five (5) acres. Provided, however, any area devoted
to feed lot for cattle, hogs or poultry shall be a minimum of five hundred (500) feet from
any dwelling which is located on a lot of less than five (5) acres, other than the principal
dwelling.
20J.04.03 Minimum Lot Standards:
1. Minimum Front Yard: Fitty (50) feet
2. Minimum Side Yard: Fifty (50) feet.
Ordinance 14o. Z417-03
page 2
Sponsor: Councilor Snyder
Minimum Rear Yard:
a. Principal Building: Fffiy (50) feet
b. Accessory Building: Fifty (50) feet
c. Agricultural Building: One hundred fifty (150) feet
M~nlmmI1 Lot Width: Three hundred (300) feet
Maximum Lot Coverage: Fifteen percent (15%) of lot
Minim~nll Grolmd Floor Area:
a. One-StoW dwelling: One thousand (1,000) square feet
b. Two- or more story Dwelling: Eight hundred (800) square feet
Minlrouru Lot Frontage: Three hundred (300) feet on a S~reet
Maximum Lot Depth-to-Width Ratio: four to one (4:1)
20J.05
Variance.
Any property owner owning property with an existing use that was a legally permitted use prior to
annexation of the land but would not be a legally permitted use within the corporate boundaries of
the City shall have twenty-four (24) months in which to apply for a variance and all fees for such
apphcation shall be waived. The twenty-four-month period shall run from the effective date of this
ordinance if the property is within the corporate boundaries of the City of Carmel on the effective
date of th/s ordinance. The twenty-four-month period shall nm from the effective date of the
annexation ordinance that annexes the property into the City of Carmel if the property is not within
the corporate boundaries of the City of Carmel on the effective date of this ordinance.
Section 3. The following definitions shall be added to §3.07: Definitions:
ANIMAL, DOMESTIC. An arfimal that is tame or domesticated and not normally found in the
wild state.
ANIMAL, EXOTIC. Any wild a~irnal not customarily confined or cultivated by man for
domestic or commerc/al purposes but rather kept as a pet or for display.
ANIMAL, FARM. Any animal that customarily is raised for profit on farms.
BUILDING, AGRICULTURAL. Any building or structure customarily used in connection with
a farm other than a dwelling.
FARM, HORSE. A building or s~mctore and/or land whose operator keeps equines primarily for
breeding and boarding and which operation may or may not be incidental to the owner's primary
occupation. A horse farm includes related equestrian ~raiis and equestrian schools.
Section4. The following Primary Zoning District shall be added to §4.01 Zoning
Districts Established and Appendix A: Schedule of Uses:
AG-1 A~Scultore District
Ordinance No. Z417-03
page 3
Sponsor: Councilor Snyder
Section 5. The following Use shall be added to Appendix A: Schedule of Uses;
Agricultural Uses:
Horse Farm
Section 6. The following Use listed in Appendix A: Schedule of Uses; Agricultural
Uses, shall be amended as follows:
Kaising/Breethng of Non-Farm or Exotic Animals
Section 7. The following uses shall be added to Appendix A: Schedule of Uses for the
AG- 1/Agriculture Distilct:
Permitted Uses:
Residential Uses:
Dwelling, Single-Family
Kennel, Residential
Agricultural Uses:
Agriculture, General
Farm, Horse
Transportation and Communication Uses:
Collocated Antenna
Accessory Uses:
Residential Uses:
Hornc Occupation
Special Uses:
Institutional Uses:
Church, Temple, or other place of worship
Water Management and Use Facility
Educational Uses:
Day Nursery/Day Care
Retail and Service Uses:
Kennel, Commercial
Roadside Sales Stand
Veterinaiy Hospital with Commercial Kenner
Veterinary Hospital without Commercial Kennel
Agricultural Uses:
Commercial Greenhouse
Rais/ng/Breediug of Non-Farm or Exotic Animals
Ordinance No. Z-417-03
page 4
Sponsor: Councilor Snyder
Plato Nursery
Recreational Uses:
Country Club
Golf Course
Private Recreational Development or Facility
Miscellaneous:
Ax0~cial Lake or Pond (not part of a plat)
Cemetery
Transportation and Communication Uses:
Antenna (If visually integrated with or camouflaged on or within a s'a'ucture
other thu. a Tower)
Private Airplane Landing/Service Facility
Private Helicopter Landing/Service Facility
Special Exceptions:
Transportation and Communication Uses:
Radio or television transmission tower
Wireless Telecommunications Service Tow~
Section 8. All City ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date
of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance
does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to
the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and
penalties shall be imposed and enforced under such repealed or amended ordinance as if this
Ordinance had not been adopted.
Section 9. Should any provision or portion of tkis Ordinance be declared by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected
so long as they can, without the invalid provision, be given the effect intended by the Common
Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable.
Section 10. This Ordinance shall become effective upon proper passage, signing by the
Mayor and such publication as is required by law.
Ordinance No. Z417-03
page 5
Sponsor: Councilor Snyder
Ordinance No. Z-417-03 PASSED by the Common Council of the City of Carmel,
Indiana, this~q__~ay of ~) ~ ~Al. fC, ,2003, by a vote of ~ ayes and (9
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Robert Battreall
Ronald E. Carter
ATTEST:
Diana~reasurer
Ordinance No. Z-417-03
page 6
Sponsor: Councilor Snyder
Ordinance No. Z-417-03 Presented b3f,me to ~ Mayor of the City of Carmel, Indiana,
/~,'.~o'clock _~. m. on thec~Tdaya~of ~66 ,2003.
Diana L. Cordray, IAMC, C~rk-Tre~urer
Ordinance No. Z-417-03 Approved by me, Mayor of the City of Carmel, Indiana, at
o'clock 2~--~' m. this ~r day of (~/¢62~'~:e_~6 ,2003.
rainard, Mayor
ATTEST:
Diana L. Cordray, er
Prepared by:
John R. Molitor
Carmel/Clay Advisory Plan Commission Attorney
Carmel City Hall
One Civic Square
Carmel, IN 46032
Ordinance No. Z-417-03
page 7
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-417-03
An Ordinance to establish the AG-1 Agriculture District.
To:
The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Advisory Plan Commission offers you the following report on the application
of the Department of Community Services (Docket No. 162-02 OA) to the Commission to
establish the AG-1 Agricultural District.
The Carmel/Clay Plan Commission's recommendation on the petition of the Department of
Community Services is FAVORABLE.
At its regular meeting of September 16, 2003, the Carmel/Clay Plan Commission voted ten (10)
in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the
proposed Ordinance No. Z-417-03 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)(3), 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, December 25, 2003.
R~m~n~ Hancock, Secretary
Carmel/Clay Advisory Plan Commission
Dated: Friday, September 26, 2003
2003-0926; Z-4174)3; AG-1 Agriculture Certification
C .A.RMEL/CLAY~LAN COMMISSION
Marily~/~nde~ Vice-President //z~<~
RECEIVED
CARMEL CLERK
TREASURER
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