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HomeMy WebLinkAboutZ-453-04 Amend Zoning Ord/Variety of Provisions Sponsor: Councilor Mark Rattermann ORDINANCE NO. Z-453-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Updating a l~ariety of Provisions of the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in lC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and WHEREAS, the City wishes to adopt application and review procedures for, and expand districts requiring Development Plan and/or Architectural Design, Exterior Lighting, Landscaping and Signage Review. WHEREAS, the City wishes to allow retail uses in certain portions of Old Town. 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 Indiana Code 36-7-4-610 and City of Cannel Ordinance No. D-1600-02, the Carmel Zoning 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. 150-02b OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, July 20, 2004, it hereby adopts this Ordinance to amend the Cannel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Ordinance No. Z-453-04 1 Section I: CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION a. Amend Section 1.01: Title, to read: 1.01 Title. This ordinance shall be referred to, and cited as, the Zoning Ordinance, Ordinance No. g- 460 Z-289, as amended, of the City of Carmel and Clay T~;;~:h!p, Hamilton County, Indiana. Amend Section 1.02: Purpose and Intent to read: 1.02 Purpose and Intent. The Zoning Ordinance is an ordinance for the development, through zoning, of the territory within the Jurisdiction of the Carmel CiD' Plan Commission. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare. The Commission has given consideration to the future probable use of land in the territory affected by this ordinance, and has prepared a Comprehensive Plan showing the future development of this area which has served as a guide in the preparation of this ordinance. c. Amend Section 1.04: Jurisdiction to mad: 1.04 Jurisdiction. WHEREAS, the Town Plan Commission of the Tmvn of Carmel, Indiana, under the date of January 28, 1960, considered a petition requesting joinder, forwarded by the Clay Township Trustee and the Clay Township Advisory Board, and being favorable to the petition, the Town Plan Commission recommended joinder to the Town of Carmel, and the Town Board of Trustees subsequently passed a resolution setting forth the terms of the joinder, one copy of which was filed with the County Recorder of Hamilton County, Indiana, all in accordance with Chapter 46, Acts of 1959, General Assembly, State of Indiana. Further, said joinder is transferred to the City of Carmel, established January I, 1976, and WHEREAS, the executive committee of the City Plan Commission of the City of Carmel, Indiana, having been duly authorized and acting in the name of said Commission on December 19, 2003, authorized the filing, with the County Recorder of Hamilton County, Indiana, of a description or map defining the limits of the area under its jurisdiction, which description or map included both the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which description or map was filed with the County Recorder on December 31, 2003, all in accordance with Indiana Code Section 36-7- 4-205; NOW, Therefore, the area of jurisdiction shall be the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana. Ordinance No. Z-453-04 2 CHAPTER 2: COMPLIANCE WITH THE REGULATIONS d. Amend Section 2.01: Building and Land Use to read: 2.01 Building and Land Use. No Building or land shall be used and no Building shall be erected, reconstructed or structurally altered which is arranged, intended, or designed to be used for any purpose other than a Use which is permitted and specified in a District in which such Building or land is located without first having had an appropriate Use Variance approved by the Board. Amend Section 2.02: Height to read: 2.02 Height. No Building shall be erected, reconstructed or structurally altered to exceed the limits of height established and specified for the Use and the District in which such Building is located prior to having had the appropriate Development Standards Variance approved by the Board. Amend Section 2. 03: Yard, Lot Area, and Size of Building to read: 2.03 Yard~ Lot Area~ and Size of Building. No Building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the Yards, Lot Area per Dwelling Unit, Ground Floor Area of residential Building, or Lot Coverage regulations, established and specified for the Use and the District in which such Building is located prior to having had the appropriate Development Standards Variance(s) approved by the Board. Amend Section 2.04: Lots to read: 2.04 Lots. In no case shall there be more than one (1) Principal Building used for residential purposes, and its Accessory Buildings, located on one (1) Lot. Every Building hereal~er erected shall be located on a plarted Lot or on an unplatted Lot or tract as approved by the Director, which abuts upon and has adequate frontage on a publicly dedicated Street and has adequate storm water drainage; unless the appropriate Development Standards Variance(s) has been approved by the Board and/or the appropriate Subdivision Waiver(s) has been approved by the Commission. h. Amend Section 2.07: Mobile Homes to read: 2.07 Mobile Homes. All inhabited Mobile Homes shall be located in a Mobile Home ca~ Park that has received Special Use approval. No inhabited Mobile Home, outside an approved Mobile Home ccuX Park, shall be connected to utilities except those Mobile Homes being offered for sale. Mobile Homes used for all other purposes shall be placed in accordance with the regulation of this Ordinance. Ordinance No. Z-453-04 3 Amend Section 2.1 O: Subdivision of Land to read: 2.10 Subdivision of Land. The Subdivision of land may occur in accordance with the Subdivision Control Ordinance in all zoning districts established in Section 4.01. CHAPTER 3: DEFINITIONS j. Amend Section 3.05 to read: 3.05 Words not defined herein but defined in the Cam.z! Subdivision Control Ordinance shall be interpreted in accordance with the Subdivision Control Ordinance definition. Amend Section 3.06 to read: 3.06 Words and terms not defined herein or in the Carmel Subdivision Control Ordinance shall be interpreted in accord with their normal dictionary meaning and customary usage. 1. Amend the following definitions in Section 3.07 to read: 3.07 Definitions: TOWER. A ground or roof-monnted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an Antenna, a meteorological device, or other similar apparatus above grade. The term does not include (1) a water tower that is owned by public utility or municipally owned utility; or (2) any pole, spire, structure, or combination thereof on which an amateur radio station antenna is mounted. TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting a radio or television transmission antenna (other than an amateur radio station antenna) above ground. CHAPTER 4: DISTRICTS & BOUNDARIES m. Amend Section 4. OI : Zoning Districts Established to read: 4.01 Zoning Districts Established. The City of Carmel and its jurisdictional area is hereby divided into the following districts: Primary Zoning Districts: S-1 Residence District S-2 Residence District R-1 Residence District R-2 Residence District R-3 Residence District R-4 Residence District R-5 Residence District (Pl;nne~ D~gtr~et) B-1 Business District Ordinance No. Z-453-04 4 B-2 Business District B-3 Business District B-5 Business District B-6 Business District B-7 Business District B-8 Business District C-I City Center District C-2 Old Town District OM Old Meridian District I-1 Industrial District M- 1 Manufacturing District ~ 2 5Lanufaet::rlng Digtrlet M-3 Manufacturing District (Plann:~ D!gtrlet) P-I Park and Recreation District AG- 1 Agriculture District Planned Unit Development District Secnndarv Zoning Districts: FP Flood Plain District FW Floodway District FF Floodway Fringe District State Highway 431 - Keystone Avenue Corridor Overlay Zone U.S. Highway 31 - Meridian Street Corridor Overlay Zone U.S. Highway 421 - Michigan Road Corridor Overlay Zone Old Town District Overlay Zone Home Place District Overlay Zone Amend Section 4.02: Official Zoning Map to read: 4.02 Official Zoning MaD. Territory within the Jurisdiction of the Plan Commission of the C!?:' cf Ca-::nel, !r~iana, is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory mat~er thereon, is hereby adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor and the Clerk- Treasurer under the words "Official Zoning Map," together with the date of the adoption of this Ordinance. Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map shall be located in the office of the Clerk-Treasurer and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures within the Jurisdiction of the CarmeL/Clay Plan Commission. Amend Section 4.04: Official Zoning Map Replacement to read: 4.04 Official Zoning Map Replacement. In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. Ordinance No. Z453-04 5 CHAPTER 5: S-I/RESIDENCE DISTRICT p. Amend Section 5.01.01: Minimum Area Requirements to read: 5.01 Permitted Uses: Soo/.p~c::diz ,L. Schedule 5.01.01 ~,n4~ .... ^~- o~uirements: See Appendix /l: Schedule of Uses. This section doc: net affect the beige2 and area requirement: for in~ividua! lots that are conta!ne~ in $cct!on 5. P ¢ of ~he Zenlng Ordinance. Amend Section 5.04.03: Minimum Lot Standards; 3~B: Minimum Side Yard; 3~3~1: Single-family Home to read: 5.04.03 Minimum Lot Standards: B. Minimum Side Yard: 1. Single-family home Dwelling: Ten (10) feet; Amend Section 5.04.03: Minimum Lot Standards; 3~C: Minimum Aggregate of Side Yard; 3~3~1: Single-family Home to read: 5.04.03 Minimum Lot Standards: C. Minimum Aggregate of Side Yard: 1. Single-family home Dwelling: Thirty (30) feet; Amend Section 5.04.03: Minimum Lot Standards; 3~D: Minimum Rear Yard; 3~'1: Single-family Home to read: 5.04.03 Minimum Lot Standards: D. Minimum Rear Yard: 1. Single-family home Dwelling: Twenty (20) feet; Ordinance No. Z-453-04 6 Amend Section 5.04.03: Minimum Lot Standards; E: Minimum Lot Width; 1: Single-family Home to read: 5.04.03 Minimum Lot Standards: E. Minimum Lot Width: 1. Single-family home Dwelling: One hundred twenty (120) feet; CHAPTER 10: R-4/RESIDENCE DISTRICT u. Amend Section 10. 02.01: Minimum Area Requirements to read: 10.02.01 Minimum Area Requirements: Use Minimum Area Mobile Home cc,'a~ Park (Acres) Fifteen (15) Also, same as S-1 District regulations of Section 5.02. O I. Amend Section 10. 03.02 to read: 10.03.02Swimming Pool. See Section 25.0L01(C)(8). A private pe:,~2~c,d as an A~czzz~ry Ucc, ~'~t aka!! ~ l~catz~ cn!y 'cAtkin the Eidc ~r R~ar Yar~ --'~"~ cr fencing ~nd dock "';'~ d. e. it bears an identification tag indicating thc name cf thc mzu'4fzcmrer, if any. Ordinance No. Z-453-04 7 Amend Section 10.04.02: Minimum Lot Size; D. to read: 10.04.02Minimum Lot Size: D. Lots with community water system and community sanitary sewer system: 8000 square feet, gcc Scctic,:: 9.~,.03. CHAPTER 11: R-S/RESIDENCE DISTRICT x. Amend the Title of Chapter 11: R-5/Residence District (PlannedDistricO to read: CHAPTER 11: R-S/RESIDENCE DISTRICT (PLA?~IED D!ETP3CT) Amend Section ] 1.00. 01: Purpose and Intent to read: 11.00.01 Purpose and Intent. The purpose of this the R-5 District is to provide for the encouragement of large scale, diverse residential developments of good design with residential open space, and maximum living amenities. Mixed residential structures, their supporting accessory buildings and uses and limited commercial uses are allowed with maximum layout flexibility permitted. Densities are variable within the district in order to assure versatility of development. Application to the Plan Commission is required for Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) Pre!i~2nao' Deve!apmcrZ P!an approval and Fina! Development Plan (DP) approval. Renumber Section 11.00.02: Minimum Tract Requirements to Section 11.00.03: Minimum Tract Requirements. Adopt Section 11.00.02: Plan Commission Approval to read: 11.00.02Plan 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 R-5 District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage. 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 R-5 District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.03: Architectural Destgn, Exterior Lighting, Landscaping and Signage. Adopt Section 11.00.99: Application Procedure to read: 11.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Ordinance No. Z-453-04 8 ac. ad. Amend Section 11.04.05: Greenbelt Buffer to read: ll.04.05Greenbelt Buffer. A greenbelt buffer shall be provided, and may take the following forms: A. A landscaped transitional area designed consistent with Section 26.04: Perimeter Buffering Requirements the Plan Czmm'.J:zi~n Gnid~!!ne: fer B. Open space, design pursuant to the Chapter 7 of the Subdivision Regulations. Repeal Section 11.05: Application Procedure: 11.05 Ap~!icati~n Prcccd-~:r:. Pla ................. CHAPTER 12: B-I/BUSINESS DISTRICT ae. Adopt Section 12.00.99: Application Procedure to read: 12.00.99Application Procedure. A. Development Plan. Not required. B. Architectural Design, Exterior Lithting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). af. Amend the title of Section 12.02: Special Uses to Section 12.02: Special Uses & Special Exceptions. CHAPTER 13: B-2/BUSINESS DISTRICT ag. Adopt Section 13.00. 99: Application Procedure to read: l 3.00.99 Application Procedure. A. Development Plan. Not required. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS/. See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). ah. Amend the title of Section 13.02: Special Uses to Section 13.02: Special Uses & Special E.¥ceptions. CHAPTER 14: B-3/BUSINESS DISTRICT ai. Adopt Section 14.00.99: Application Procedure to read: 14.00.99 Application Procedure. A. Development Plan. See Section 24.99(A).' Development Plan. Ordinance No. Z-453-04 9 Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Amend the title of Section 14.02: Special Uses to Section 14.02: Special Uses & Special Exceptions. CHAPTER 15: B-4/BUSINESS DISTRICT ak. Repeal Chapter 15: B-4/Business District (Planned DistricO in its entirety. CHAPTER 16: B-5/BUSINESS DISTRICT al. Amend Section 16. 00. 02: Plan Commission Approval; 3~A: Development Plan to read: 16.00.02Plan Commission Approval. A. Development Plan. xT.,v, ....... .~,~,..~.;~ The Commission shall review the Development Plan (DP) 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. See Section 24.02: Development Plan. am. Adopt Section 16. 00.99: Application Procedure to read: 16.00.99Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Amend the title of Section 16.02: Special Uses to Section 16.02: Special Uses & Special Exceptions. ao. Amend Section 16.03.02 to read: 16.03.02Swimming Pool. See also Section 25.01.01(C)(8). swin:nrAng pc, c! 4. walls cr enforcing authcri~' at *3e t/mc cf ccnz~act!cn and ccmp!ctc!y :m~z~ding the Ordinance No. Z-453-04 10 ~ha~: name sf *A¢ install:r, installation date, and applicab!¢ oaf:D' s*mnfi~ds, CHAPTER 17: B-6/BUSINESS DISTRICT Amend Section 1 7. 00. 02:Plan Commission Approval; 3~A: Development Plan to ap. read: 17.00.02 Plan Commission Approval. A. Development Plan. xT^...~ *~-*---~.;'~'~ The Commission shall review the Development Plan (DP) 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. See Section 24.02: Development Plan. aq. Adopt Section 1 7.00. 99: Application Procedure to read: 17.00.99Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS}. See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Amend the title of Section 17.02: Special Uses to Section 17.02: Special Uses & Special Exceptions. CHAPTER 18: B-7/BUSINESS DISTRICT as. Adopt Section 18.00.99: Application Procedure to read: 18.00.99Application Procedure. A. Development Plan. See Section 24.99(A).' Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS/. See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). at. Amend the title of Section 18.02: Special Uses to Section 18.02: Special Uses & Special Exceptions. Ordinance No. Z-453-04 11 au. av. aw. ax. ay. Amend Section 18. 06. 01: Landscaping Plan to read: 18.06 Landscaping Requirements. 18.06.01Landscaping Plan: A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e.g., architectural design, lighting, parking and signage) are submitted. This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, driveways, lighting standards, signs, steps and other similar structures; and, shall delineate the location, size and description of all landscape material and the method to be used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinate part of the Landscape Plan for the entire lot. Amend Section 18.06.04 : Landscaping Installation and Maintenance; 3~1: Installation to read: 18.06 Landscaping Requirements. 18.06.04Landscaping Installation and Maintenance: 1. Installation: All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Director Dzpa-,~'X:'-ent Adn'2ni:trat,'~r. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. Amend Section 18.06.04: Landscaping Installation 3q3:Changes after Approval to read: 18.06 Landscaping Requirements. 18.06.04Landscaping Installation and Maintenance: 3. and Maintenance; Chan~es After Approval: No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed without first obtaining further Plan Commission approval. Amend Section 18.07: Storage, Display and Refuse to read: 18.07 Storage, Display and Refuse. All storage, display and refuse shall be completely enclosed in a main Principal or Accessory Building. Repeal Section 18. 08: Application Procedure. I ~.0~ A_~!icatic, n Prcr, cdurc. Ordinance No. Z-453-04 12 oub~AXc~ by '~c :ppl~cant :r~ not ccmpl:t=, or dc not comply -:,'kk tbs ppi' · notification cf thc public hearing. ~ .... '; .....~"" ~ ~o*;fy ~"; ........ ~ Cc~2zzicn. The conduct cf'~z Public Hearing :hz!! be in accordance with the CHAPTER 19: B-8/BUSINESS DISTRICT az. Amend Section 19. 00. 02(A): Development Plan to read: 19.00.02Plan Commission Approval. A. Development Plan. xT.,v, ....... .~.~,.~.;-~A The Commission shall review the Development Plan (DP) 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. See Section 24.02: Development Plan. Ua. Adopt Section 19.00.99: Application Procedure to read: 19.00.99Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). bb. Amend the title of Section 19.02: Special Uses to Section 19.02: Special Uses & Special Exceptions. Ordinance No. Z453-04 13 bc. bd. be. bf. Amend Section 19.03: Accessory Buildings and Uses to read: 19.03 Accessory Buildings and Uses. See also Section 25.01. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in this district are penrfitted contingent upon Plan Commission approval (see Section 19.00.03) and under the following conditions: 1. provided that the building materials and color are compatible with those of the '~rimary Principal Building. Amend Section 19.05: Parking and Loading Berth Requirements to read: 19.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading Regulations for additional requirements.) 19.05.01The parking requirements of Chapter 27: Additional Parking & Loading Regulations notwithstanding, if the structure is located in an area where common parking is available to the users of the facility, then parking can be reduced by the amount of common parking spaces which can reasonably be allocated to the facility. A Parking Plan showing roadways, entrances, exits and common area parking in relation to all structures shall be filed and approved by tire Plan Commission. 19.05.02The loading requirements of Chapter 27: Additional Parking & Loading Regulations notwithstanding, loading berths and trash collection areas shall be permitted per the demand of the business establishments and shall be identified on the Site Plan. A Loading Plan shall be filed and approved by the Plan Commission. Trash collection areas shall be properly screened and enclosed. Amend Section 19.06: Landscaping Requirements to read: 19.06 Landscaping Requirements. Where a lot or parcel of ground used for business purposes in the B-8 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at the hme of construction of, or conversion to, a business activity and shall be maintained in order to provide effective screening at all times during the year. The shrubbery may be planted informally or in rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting and adjoining residential properties. Vision clearance on comer lots and at the intersections of streets and driveways shall be observed and maintained. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks, decorahve or protective items, other landscaping items and signage as permitted by the Ca:xnc! Clay -v. v ..... -..~.-v~;- Sign Ordinance. Additional landscaping (such as street trees) may be required by the Plan Commission in order to maintain area-wide uniformity. A Landscape Plan shall be submitted concurrent with the Site Plan. Amend Section 19.08: Signs to read: 19.08 Signs. All signs shall conform to the Camel Clay Tc,;;'n.g~iF Sign Ordinance. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. A Sign Plan shall be submitted concurrent with the Site Plan. Ordinance No. Z453-04 14 bg. Amend Section 19. 09: Emergency Access to read: 19.09 Emergency Access. Adequate emergency access space shall be provided to the side and rear of all Frin'~ry Principal Buildings located within the district. All emergency access areas and facilities shall be shown on the Site Plan and reviewed by the Carmel Chief of Police and Carmel Fire Chief. CHAPTER 20A: I-1 INDUSTRIAL DISTRICT bh. Adopt Section 20A. 00.99: Application Procedure to read: 20A.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS/. See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). bi. Amend the title of Section 20A.02: Special Uses to Section 20A.02: Special Uses & Special Exceptions. CHAPTER 20B: M-I/MANUFACTURING DISTRICT bj. Adopt Section 2OB. 00.02: Plan Commission Approval to read: 20B.00.02 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 M-1 District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan B. Architectural Design, Exterior Lighting, Landscaping and Signage. 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 M-1 District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage. bk. Adopt Section 20B. 00.99: Application Procedure to read: 20B.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS/. See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Ordinance No. Z-453-04 15 bl. bm. Un. Amend the title of Section 20B. 02: Special Uses to Section 2OB. 02: Special Uses & Special Exceptions. Amend Section 20B. 07.02: Front Landscaped Yard to read: 20B.07 Landscaping Requirements. 20B.07.02 Front Landscaped Yard: A fifteen-foot (15') landscaped and maintained yard area, composed of trees not less than two and one-half inches (2~A'') dbhand spaced fifty feet (50') on center, shall be provided next to (an) existing residence(s) or a platted residential subdivision unless otherwise determined by the Corr~=2zz~nzr Director or unless otherwise required by the Board for Special Uses. Amend Section 2OB. 07. 04: Landscaping Installation and Maintenance; ~1: Installation to read: 20B.07 Landscaping Requirements. 20B.07.04 Landscaping Installation and Maintenance: 1. Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the~v~..~..,r~ ...... * Ad=2niz~ator Director. If it is not possible to install the required landscaping because of weather conditions, the properly owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. CHAPTER 20C: M-2/MANUFACTURING DISTRICT bo. Repeal Chapter 20C: M-2/Manufacturing District in its entirety. CHAPTER 20De M-3/MANUFACTURING DISTRICT bp. Amend the Title of Chapter 2OD; M-3/Manufacturing District (Planned DistricO to read: CHAPTER 20De M-3/MANUFACTURING PARK DISTRICT ~ .................. j bq. Amend Section 2OD. 00. 01: Purpose and Intent to read: 20D.00.01 Purpose and Intent. The purpose of the M-3 Manufacturing Park District is to create and protect land areas for the development of unified preplanned manufacturing and other compatible land uses within a park- like setting. All activities associated with manufacturing, commercial, warehousing, transportation, service, office and residential activities shall be conducted within completely enclosed buildings in such a manner that any nuisance factors are not emitted outside of the building. Solid visual screening of the outside activities including, but not limited to, storage and trash collection areas shall be included. It shall be a requirement of all preplanned manufacturing parks to be reviewed and approved by the Carmel Pla.':. Commission. A 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 architecture, design, sign and Ordinance No. Z-453-04 16 br. Us. bt. bu. read: bv. industrial management. Land areas to be rezoned M-3 shall be served by public utilities (sewer, water, etc.). Adopt Section 2OD. 00. 02: Plan Commission Approval to read: 20D.00.02 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 M-3 District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage. 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 M-3 District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage. Adopt Section 20D.00.99 A. B. 2OD. 00.99: Application Procedure to read: Application Procedure. Development Plan. See Section 24.99(A): Development Plan. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Amend the title of Section 20D. 02: Special Uses to Section 20D. 02: Special Uses & Special Exceptions. Amend Section 2OD. 07. 04: Landscaping Installation and Maintenance; 3~1 to 20D.07.04 1. Landscaping Installation and Maintenance: Installation. All required landscaping shall be installed prior to the issuance ora Certificate of Occupancy by the Dt,~a~mc, nt A~.'.'niaCatcr Director. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. Repeal Section 2OD. 1 O: Application Procedure: P!ancd District ,~cg'-'!aticns. Ordinance No. Z-453-04 17 CHAPTER 20Es C-l/CITY CENTER DISTRICT bw. Amend Section 20E. 00. 03: Approval of Development Plan; 394 to read: 20E.00.03: Approval of Development Plan. ........ ~ ........ j , The Director shall hold a public hearing before it ~e.zl~es deciding whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of the C-1 District; d. Do not exceed twenty percent (20%) of the original Gross Floor Area of the existing structure, applicable from the date of this Section; and e. Have received a prior ADLS approval from the Plan Commission. bx. Amend Section 20E. 00. 03: Approval of Development Plan; (7) to read: 20E.00.03: Approval of Development Plan. 7. Zoning Waiver. The applicant may r~,q'ar, zt apply for a Plan Cc,~:r2zs!~n Zoning Waiver to of the dimensional and quantitative standards of the C-I District by not greater than thirty-five percent (35%), consistent with requirements set forth below: a. The proposal shall be in harmony with the purposes and the land use standards contained in this chapter; b. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the overall City Center District. c. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan and the City Center District, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. d. The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. e. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this chapter. This subsection does not affect the right of an applicant under Indiana law to petition the Board for a variance from development standards, as provided in IC 36-7-4-918.5 and this Zoning Code. by. Amend the title of Section 20E. 02: Special Uses to Section 20E. 02: Special Uses & Special Exceptions. Ordinance No. Z-453-04 18 CHAPTER 20Fa C-2/OLD TOWN DISTRICT bz. Amend Section 2OF. 00. 03: Approval of Development Plan; (4) to read: 20F.00.03: Approval of Development Plan. 4. ^ F-.'~ ~-~:~g :~a!! ........ ~ ~ The Director shall hold a public hearing before it ~::i~es deciding whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of the C-1 District; d. Do not exceed twenty percent (20%) of the original Gross Floor Area of the existing structure, applicable from the date of this Section; and e. Have received a prior ADLS approval from the P!=n Commission. ca. Amend Section 2OF. 00. 03: Approval of Development Plan; (7) to read: 20F.00.03: Approval of Development Plan. 7. Zoning Waiver. The applicant may rcqu~gt apply for a Plan C~:v.~2g~-zn Zoning Waiver m of the dimensional and quantitative standards of the C-1 District by not greater than thirty-five percent (35%), consistent with requirements set forth below: a. The proposal shall be in harmony with the purposes and the land use standards contained in this chapter; b. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the overall City Center District. c. The proposal shall not produce a site plan or street/circulatiun system that would be impractical or detract from the appearance of the Development Plan and the City Center District, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. d. The proposal exhibits extraordinary site design characteristics, including, but not lim/ted to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. e. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this chapter. This subsection does not affect the right of an applicant under Indiana law to petition the Board for a variance from development standards, as provided in IC 36-7-4-918.5 and this Zoning Code. cb. Amend the title of Section 2OF. 02: Special Uses to Section 2OF. 02: Special Uses & Special Exceptions. Ordinance No. Z-453-04 19 CHAPTER 20G: OM/OLD MERIDIAN DISTRICT cc. Amend the numbering of'Section 20G. Ol : Purpose, Intent & Authority to Section 20G. 00. O1: Purpose, Intent & Authority. cd. Adopt Section 20G. 00. 02: Plan Commission Approval to read: 20G.00.02 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 ~vithin the Old Meridian District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage. 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 Old Meridian District prior to the issuance of an Improvement Location Permit by the Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage. ce. Adopt Section 20G.00.99 A. B. 20G. 00.99: Application Procedure to read: Application Procedure. Development Plan. See Section 24.99(A): Development Plan. Architectural Design, Exterior Lighting, Landscaping and Signa~e (ADLS). See Section 24,99(BJ: Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). cf. Adopt Section 20G. O1: unassigned. cg. Amend Section 20G. 05: Development Zones to read: 20G.05 Development Zones. ~,~.,c ..... ~,~t'~ Eight (8) development zones are hereby established, each with its own development standards. Only those uses detailed within each zone shall be permitted. Sections 5, O1 through 5.07 provide design standards for within each development zones. ch. Amend Section 20G. 05. O1: Single Family Attached Zone; fJ: Signs to read: Sig ' ~--. nt:mbcr: See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. ci. Amend Section 20G. 05.02: Multifamily Housing Zone; fiE: Signage to read: E. Ei~'.na~.e Signs. See Section 25. 07.02-14: Old Meridian District of the Sign Ordinance. Ordinance No. Z~53-04 20 ck. O) (4) Amend Section 20G. 05.03: Yillage Zone; 3gG: Signage to read: G. Sic. naa: Si£ns. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. Unless s~ccificd shall apply t: thc Village Zone. (b) Signs whi:h contain b!h~:ing, pulsing, ar moving components. and ~y nat cbs:ur: d:tai!a cf the building. (Yig;rc 23) windows. Amend Section 20G. 05.04: Mixed Use Zone; 3gE: Signage to read: E. Sinner: Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. ..a ........ ~ ...... a~*,:,, ~c *un building. (F&urc 23) (3) No sign my :::tend a~avc ~: ca,icc linc cf t~c ~xi!eing. Ordinance No, Z453-04 21 cl. Amend Section 20G. 05.05: Office Zone; ~D: Signage to read: D. S!zna~.e Sitns. See Section 25. 07.02-14: Old Meridian District of the Sign Ordinance. (3) urn. ~:g.~ ~. ~* ...... a +*,; ........ r~ ....... r~+ cm. Adopt Section 20G. 05.06: Special Use Zone; 3~F: Signs to read: F. Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. CB. CO. Amend Section 20G. 05.07: Meijer Zone; 3~E: Signage to read: E. $i~.naze Sipns. See Section 25. 07.02-14: Old Meridian District of the Sign Ordinance. n Ordinance regulations pertaining *~ ~,a .............. , contain , pu!zing, ~c~c ............. ~ .....~ ............... s~eet cut cn ~'~.~ .,.~..~.~."~;~;"~ S~cct, ~n '~.~ Vi!!agc Zcnc, and thc cthcr ~ign located ~ accordmncc wffk ~kc ~!arz ........ ~ ~y tke Cc~k:icn, (6) Signagc for ~c Ccnvcn~cncc Stcrc :kM! ~c pc~2X~d, ccn:i:tent wffk Scc:icz 20G.05. , and ~ :ct tg P!an Cgw.~2:g~cn ...... vv Amend Section 20G. 05.08: Mixed Medical Zone; 3~E: Signage to read: E. S!znaze Siens. See Section 25. 07.02-14: Old Meridian District of the Sign Ordinance. (~) Thc ~rcvislcr. z cf th~ CarmeFC!ay Sign Ordinance, Ordinance No. Z 392, shall (a) ~- a building -';*~ multiple ....... or ............ a ..,~;~ is in ..~...,;*~'? or .~.?~- multiple buildings .~...~' ..... acn an initiated ~.~. ~; ..... ......;*; a Ordinance No. Z-453-04 22 cp. cq. (e) Wa!! sign~ shall not er. oecd and ~;y nat cba:~: d:lai!s cf +~: building. (Fig~rc 23) Amend the title of Section 20G. 06: Modifications to read: 20G.06 ................. Zomng Waiver. Repeal Section 20G. 07: Application Procedure in its entirety. Applicants shall mcat with th: Dirtttcr tc rtvi:w th: zen!nS :!asa!fi*at/ch Lbo prcpc~'. The Director :ha!! aid and :dy!cc thc applicant in applicatian and auFpcXing document: a: necac:aW. A. t~. G. D. G. t4. t. t4. Th* 'az!Zen applicatisn fsrm *~e S/t: Plan Lighting Plan ~'~ ~-+~"~ ~ .......... 1~ Director. Ordinance No. Z-453-04 23 ct. 20G.07.0a. Initial Revicw of tke AFp!i:atien ~_ud £uppcXing Dc, cuments and A. as hereina~cr act fc~.h. Relocate Chapter 20G: Old Meridian District; Figure 23 to Section 25.07; Diagram 4: Old Meridian Sign Placement. CHAPTER 23A: STATE HIGHWAY 431-KEYSTONE AVENUE OVERLAY ZONE cs. Relocate Section 23A.05: Plan Commission Approval to Section 23A.00.02: Plan Commission Approval. ct. Adopt Section 23A. 00.99: Application Procedure to read: 23A.00.99 Application Procedure. A. Development Plan. Not required. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). CU, Designate Section 23A. 05: unassigned. Ordinance No. Z453-04 24 CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE cv. Adopt Section 23B. 00. 02: Plan Commission Approval to read: 23B.00.02 Plan commtssion 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 U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Si~nage. 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 U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an Improvement Location Perrrdt by the Department. See Section 24.03; Architectural Design, Exterior Lighting, Landscaping and Signage. CW. Adopt Section 23B.00.99 A. B. 23B. 00.99: Application Procedure to read: Application Procedure. Development Plan. See Section 24.99(A): Development Plan. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). cx. Amend Section 23B. O2(A) to read: 23B.02 Commission Review: A. Development Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone. 1. The Commission shall hold a public hearing ska!! bc kc!~ ~y ~.c Cr.~.n'2::ic.n before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of the underlying primary zoning district; d. Do not exceed twenty percent (20%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, and, e. Have received a prior ADLS approval from the P!an Commission. 2. The Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Sections 23B. 03 through 23B.08. The Conm~ission's review shall include, but not be limited to, the following items: a. Existing site features, including topography and wooded areas; Ordinance No. Z-453-04 25 cy. b. Zoning on site; c. Surrounding zoning and existing land use; d. Streets, curbs and gutters, sidewalks, and bicycle paths; e. Access to public streets; f. Driveway and curb cut locations in relation to other sites; g. General vehicular and pedestrian traffic; h. Vehicle and bicycle parking facilities and internal site circulation; i. Special and general easements for public or private use; j. On-site and off-site surface and subsurface storm water drainage including drainage calculations; k. On-site and off-site utilities; 1. The means and impact of sanitary sewage disposal and water supply techniques; m. Dedication of streets and rights-of-way, or reservation of land to be sold to governmental authorities for future development of streets and rights-of-way; n. Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses; o. Project signage; p. Protective restrictions and/or covenants; q. Compatibility of proposed project with existing development within the U.S. Highway 31 Corridor; and, r. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan, including the Thoroughfare Plan. Findings-of-Fact. The Commission shall make written findings concerning each decision to approve or disapprove a DP. The President of the Commission shall be responsible for signing the written findings of the Commission. Repeal Section 23B. 02(B). Repeal Section 23B. 02(C). Repeal Section 23B. 02(D). Renumber Section 23B. O2(F) to Section 23B.2(B):Architectural Design, Exterior Lighting, Landscaping and Signage. Ordinance No. Z-453-04 26 de. df. dg. dh. di. Amend Section 23B. 02(B): Architectural Design, Exterior Lighting, Landscaping and Signage to read: 23B.02 CoInrmssion Review: B. Architectural Design~ Exterior Lighting, Landscaping, and Si~na~e. Except as provided in Paragraph (AfrO above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 23B. 15. 1. ADLS approval shall be necessary prior to: a. The establishment of any use of land; b. The issuance of any Improvement Location Permit; c. The erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or d. Any changes in any site improvements. 2. An amendment to an ADLS may be reviewed and approved by a committee of the Commission according to the Rules of Procedure. However, any interested party may appeal the decision of the committee directly to the Commission. Repeal Section 23B. 02(E). Renumber Section 23B. 02(G) to Section 23B. 02(C): Zoning Waiver. Amend Section 23B. 02(F) to read: 23B.02 Commission Review: F. Architectural Design, Landscal}inl~, Exterior Lit~htin-, and Si~,nat, e. Except as provided in Paragraph B above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and approve or approve with conditions the Architectural Design, Landscaping, Exterior Lighting, and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 23B. 09 through 23B. 15, and such approvals shall be necessary prior to: (1) The establishment of any use of land; (2) The issuance of any Improvement Location Permit; (3) The erection, reconstruction or stmctmal alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or (4) Any changes in any site improvements. Amend Section 23B. 08. 03: Building Height to read: 23B.08.03 Building Height: As specified in the underlying primary zoning district(s), except as follows: A. Minimum Building Heights: 1. All uses along U.S. 31 and 1-465: Thirty-eight (38) feet and three (3) occupiable floors. Ordinance No. Z-453-04 27 dk. dl. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Comers Boulevard, and Illinois Street Corridors, or adjoining arterial/parkway: Twenty-six (26) feet and two (2) occupiable floors. Amend Section 23B. 08.05: Minimum Gross Floor Area to read: 23B.08.05 Minimum Gross Floor Area. A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Accessory Buildings permitted need not meet this minimum floor area requirement. The intent of this minimum gross floor area requirement is to preclude small, freestanding buildings and uses not in character with the Corridor. B. Distribution of Gross Floor Area. 1. All uses along U.S. 31 and I465: a. Maximum First floor GFA: Forty percent (40%); b. Maximum Second floor GFA: Thirty-five percent (35%). 2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors, or adjoining arterial/parkway: a. Maximum First floor GPA: Sixty percent (60%); Repeal Section 23B. 17.01: Consultation with the Director and Application. rzquirzd tz 5: rcvicwzd "~der *&ds Section 23E. Repeal Section 23B. 17. 02: Initial Review; Submission to the Commission. Fcllov:!ng ths roee!pt sf tbs "~;'*~" application, DP "~'~/~* a, ...... ;,~.~ :~r .... ~^~ *n thc wrater!a!: ac!ely for thc pm~cac cf dctc~ining whether thc application ia ccw¢lctc, in inS~ th: applicant cf thc dzSciznziza in zald m~tzrla!a. Tdnlcaa and until the Director ~ .... ....... ;~.~_ az fc~ml!y ...~m-a .~.c-- .~._.. pm~cac cf proceeding '~.~ aucceeding steps ....... ~,,~.~ Ordinance No. Z-453-04 28 apD!i::ticn ~y t~ Dk:ctcr, he ~' r~,,,.. ~,= ~ ' · · .................. j ........ apphcat:cn by p!acmg applicant aha!! file far each Cc~2saicn mere, bar a copy cf thc DP an~/cr ADLS .... auppcmng ............................ v dm. Repeal Section Commission. 23E.17.93 A. 23B. 17. 03: Approval or Denial of the Application by the an. Renumber Section 23B. 17.04: Reservation of Land for Pending State Highway Improvements to Section 23B. 17: Reservation of Land for Pending State Highway Improvements. CHAPTER 23C: U.S. HIGHWAY 421-MICHIGAN ROAD OVERALY ZONE do. Adopt Section 23C. 00. 02: Plan Commission Approval to read: 23c.00.02 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 U.S. Highway 421 Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage. 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 U.S. Highway 421 Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage. dp. Adopt Section 23C. 00.99: Application Procedure to read: 23c.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Ordinance No. Z-453-04 29 dq. Amend Section 23C. 02: Commission Approval to read: 23C.02 Commission Approval. A, Development Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public hearing ~ha!! he hc!d hy thc Cotr~'r2:sizn before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP applications, shall examine factors concerning the site, Site Plan and the surrounding area, which include but are not limited to the following items: 1. Topography; 2. Zoning on site; 3. Surrounding zoning and existing land use; 4. Streets, curbs and gutters, bicycle paths, and sidewalks; 5. Access to public streets; 6. Driveway and curb cut locations in relation to other sites; 7. General vehicular and pedestrian traffic; 8. Parking facilities and internal site circulation; 9. Special and general easements for public or private use; I0. On-site and off-site surface and subsurface storm and water drainage, including drainage calculations; 11. On-site and off-site utilities; 12. The means and impact of sanitary sewage disposal and water supply techniques; 13. Dedication of streets and rights-of-way; 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, platted residential uses; 15. Storage area; 16. Protective restrictions and/or covenants; 17. Effects any proposed project may have on the entire Overlay Zone; and, 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan. If a Parent Tract is located both inside and outside of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone, Development Plan and ADLS approvals are required for the entire Parent Tract. Repeal Section 23C. 15: Application Procedure. 23C.15 ^__1:~.~_ t~ .... .~ ':,'it.'.. th.: DiwcW. rtc review the zoning c.!asziScat!:n cf *3ek site, rcvi~.w thc Ordinance No. Z-453-04 3O 5. 23C.15.92 23C.15.93 4-. 2. app!icaticn is c;~!¢t¢ and in tccP2Jca! comp!ianz: wi*& a!! app!izab!¢ as h:rcina~:r a:t Caw~Zaaicn. ADL~ v .......... vr ..... ~ A~rcva! ar DcrJa! cf th: App!icatian by +&c Cc~iazian. to ~e Ccw~2aaian per Sect!ex 23C. 02 for apprava! is requked. Ordinance No, Z-453-04 31 CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE ds. Adopt Section 23D. 03(A)(lffi): Permitted Uses to read as follows: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 1. Renovations and Additions to All Existing Buildings. i. Permitted Uses. In addition to those uses allowed in the underlying zoning district, retail uses shall be allowed in the Historic Range Line Road Sub-Area. dt. Amend Section 23D. O3(A)(J)(a)(iv) to read as follows: A. Historic Range Line Road Sub-Area. 1. Renovations and Additions to All Existing Buildings. a. Lot Dimensions and Coverage. iv. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. du. Adopt Section 23D. 03(A)(3)(b)(ii) to read as follows: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. b. Setbacks. ii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. dv. Renumber Section 23D. O3(A)(3)(c): Materials to 23D. O3(A)(3)(d): Materials. dw. Renumber Section 23D. O3(A)(3)(d): Windows, Doors to 23D. O3(A)(3)(e): Windows, Doors. dx. Renumber Section 23D. O3(A)(3)(e): Roof to 23D. O3(A)(3)O0: Roof. dy. Renumber Section 23D. O3(A)(3)O'): Porches to 23D. O3(A)(3)(g): Porches. dz. Renumber Section 23D. O3(A)(3)(g): Building Height to 23D. O3(A)(3)(h): Building Height. Ordinance No. Z-453-04 32 ea. Adopt Section 23D. 03(A)(3)(c): Lot Dimensions and Coverage to read as follows: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. c. Lot Dimensions and Coverage. i. Minimum Lot Width. (a) Single-family Dwelling: Fifty (50) feet. (b) All other Uses: Sixty (60) feet. ii. Maximum Lot Coverage. (a) Single-family Uses: Forty-five percent (45%) of the area of the lot (b) All other Uses: Seventy percent (70%) of the area of the lot. iii. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. Adopt Section 23D. 03(A)(3)(i): Garages to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. i. Garages. i. All new (a) garages must be either: Detached buildings that are sited at least five (5) feet behind the Front Line of the Principal Building, or (b) Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the Front Line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. Covered walkways attaching the garage to the Principal Building are allowed. ii. iii. Ordinance No. Z-453-04 33 ec. ed. ee. Adopt Section 23D. O3(A)(3)O): Landscape and Lighting to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. j. Landscane and Li~htino. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven-foot (7') maximum-height pole-mounted decorative lights, and low-wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed in the Front Yard of the property. v. Chain link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacles must be screened from view. Adopt Section 23D. O3(A)(3)(k): Signs to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Constmction. k. Signs. Signage, where allowed, shall abide by Section 25.07.02-1.;: Old Town Carmel, Adopt Section 23D. 03(A)(3)(l): Parking and Driveways to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. 1. Parking and Drive~vays. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult Ordinance No. Z-453-04 34 eft eg. eh. iv. site conditions such as limited access, small lots, and/or existing mature trees. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. Adopt Section 23D. 03(A)(3)(m): Permitted Uses to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. m. Permitted Uses. In addition to those uses allowed in the underlying zoning district, retail uses will be allowed in the Historic Range Line Road Sub-Area. Amend Section 23D. 03(C)(1)(a)(iv) to read: A. Character Sub-Area. 1. Renovations and Additions to All Existing Buildin~,~. a. Lot Dimensions and Coverage. iv. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. Amend Section 23D. 03(C)(3)(b): Setbacks to read: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. b. Setbacks. i. New buildings must follow the dominant or average front yard Setback dimension of existing buildings on the same block and on the same side of the street, with a variation of up to three (3) feet allowed (See Figure 2a). ii. Additions, except for open-air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the Setback line of its nearest two neighbors (See Figure 2b). iii. A Corner Lot for a residential use is presumed to have a Front Yard Setback on both streets that it faces. For a non-residential use, the Front Yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iv. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. Ordinance No. Z-453-04 35 ei. ek. eh. eo. Renumber Section 23D. 03(C)(3)(c): Materials to 23D. 03(C)(3)(g): Materials. Renumber Section 23D. O3(C)(3)(d): Windows, Doors to 23D. O3(C)(3)(h): Windows, Doors. Renumber Section 23D. 03(C)(3)(e): Roof to 23D. 03(C)(3)(i): Roof Renumber Section 23D. 03 (C) (3) 60: Porch es to 23D. 03 (C) (3) (j): Porch es. Renumber Section 23D. O3(C)(3)(g): Building Height to 23D. O3(C)(3)(k): Building Height. Adopt Section 23D. 03(C)(3)(c): Lot Dimensions and Coverage to read as follows: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. Lot Dimensions and Coverage. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum lot width. (a) Single-family Residential: Fifty (50) feet. (b) All Other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. (a) Single-family Residential: Forty-five (45%) of the area of the Lot. (b) All Other Uses: Seventy percent (70%) of the area of the Lot. iv. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. Adopt Section 23D. O3(C)(3)(d): Garages to read as follows: 23D.03 Guidelines. C. Character Sub-Area.. 3. New Construction. d. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Principal Building, or (b) Attached to the Principal Building so that the front face of the garage is at least Ordinance No. Z-453-04 36 eq. ii. iii. fifteen (15) feet further from the Front Lot Line than the primary front line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. Covered walkways attaching the garage to the Principal Building are allowed. Adopt Section 23D. O3(C)(3)(e): Landscape and Lighting to read as follows: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. e. Landscape and Lighting. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven-foot (7') maximum-height pole-mounted decorative lights, and low-wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed forward of the Front Line of the Principal Building. v. Vinyl covered chain-link material is allowed in the Front Yard except on those properties which front on Range Line Road. For properties fronting on Range Line Road, chain-link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacle must be screened from view. Adopt Section 23D. O3(C)(3)6O:Parking and Driveways to read as follows: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. £ Parking and Driveways. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. Ordinance No. Z-453-04 37 er. ii. iii. iv. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult site conditions such as limited access, small lots and/or existing mature trees. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. Adopt Section 23D. O4(A)(2) to read as follows: 23D.04 Submittal Process/Application Procedure. A. Consultation with Director and Application. 2. Site Plan & Design Review (SDR) approval is not required where Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval is required. CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE es. Adopt Section 23E. 00. 02: Plan Commission Approval to read: 23E.00.02 Plan commtssion Approval. A. Development Plan. Refer to Sub-district regulations for Development Plan requirement. B. Architectural Design, Exterior Lighting, Landscaping and Signage. Refer to Sub-district regulations for Architectural Design, Exterior Lighting, Landscaping and Signage requirement. et. Adopt Section 23E. 00. 99: Application Procedure to read: 23E.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Desigm Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (A DLS). C. If the DP and/or ADLS plan is materially changed in any way, resubmission to the Commission per Section 23E. 02 is required. eu. Amend Section 23E. 02(B): Architectural Design, Landscaping, Exterior Lighting and Signage to read: 23E.02 Commission Approval. B. Architectural Design, Landscaping, Exterior Lighting and Signage.~,~t-~*: .... * as ..... ;a~ ;- w~;~- ~v ,~m c~ all projects in the Home Place Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve with conditions the Architectural Design, Ordinance No. Z-453-04 38 e¥. ew. ex. Landscaping, Exterior Lighting and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Section 23E. 08 and Section 23E. 09, and such approvals shall be necessary prior to: 1. The establishment of any use of land; 2. The issuance of any Improvement Location Permit; 3. The erection, reconstruction or Structural Alteration of any commercial building(s) in the Home Place Business District or West Home Place Commercial Corridor; or Any changes in site improvements. Amend Section 23E. 08(d) : Zoning Waiver to read: 23E.08 Home Place Business District. J. Zoning Waiver. The applicant may rcquczt apply for a Zoning Waiver to of the dimensional and quantitative standards of this Section 23E. 08, by not greater than thirty-five percent (35%), consistent with requirements set forth in Section 23E. 02(C). Amend Section 23E. O9(H): Zoning Waiver to read: 23E.09 West Home Place Commercial Corridor. H. Zoning Waiver. The applicant may rcquzzt apply for a Zoning Waiver to of the dimensional and quantitative standards of this Section 23E. 09, by not greater than thirty-five percent (35%), consistent with requirements set forth in Section 23E. 02(C). Repeal Section 23E. 11: Application Procedure. 22E. II A_p2,!i catlc, n Pr ~, z ~ dur e. A. Ccr. z::!*~t!~n v.'!t~ D:z:ztcr and Ap~!icaticn. ....................... apphcant 3. as we!! ac al! nec~;:a~' Ordinance No. Z-453-04 39 CHAPTER 24: PLANNED DEVELOPMENT REGULATIONS NOTE: EVEN THOUGH CODED 1N RED, CHAPTER 24 DOES NOT CHANGE THE WAY DOCS OPERATES, IT JUST PUTS DOCS POLICIES IN WRiTING FOR DP AND ADLS. ey. Repeal Chapter 24: Planned District Regulations in its entirety. ez. Adopt the Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regulations to read: 24.00 Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regulations. 24.01 Purpose & Intent. Development Plan (DP) and/or Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS) approval by the Commission shall be necessary prior to the establishment of any Use or Building, so cited by the district regulations herein, or the Ordinance No. Z-453-04 40 24.02 issuance of an Improvement Location Permit for said Use or Building. Development Plan and/or Architectural Design, Exterior Lighting, Landscaping & Signage applications shall generally be considered favorably by the Commission. Development Plan. A. Development Requirements. The Commission shall review a Development Plan application to determine if the Development Plan satisfies the development requirements specified herein and in the applicable zoning district. The Commission's review shall include but not be limited to the following items: 1. Compatibility of the development with surrounding land uses. a. Consistency with the policies for the district as set forth in the Comprehensive Plan; b. Surrounding zoning and existing land use; c. Compatibility with existing platted residential uses; and d. Compatibility of proposed project with existing development within the district. 2. Availability and coordination off The means and impact of water supply techniques; b. The means and impact of sanitary sewers; c. On-site and off-site surface and subsurface storm water drainage including drainage calculations; and d. Other on-site and off-site utilities. 3. Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community such that: a. The design and location of proposed street and highway access points minimize safety hazards and congestion; b. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and c. The entrances, streets, and internal traffic circulation facilities in the Development Plan are compatible with existing and planned streets and adjacent developments. 4. Building setback lines. 5. Building coverage. 6. Building separation. 7. Vehicle circulation. a. Consistency with the policies for the district as set forth in the Thoroughfare Plan; b. Dedication of streets and rights-of-way, and/or reservation of land to be sold to governmental authorities for futura development of streets and rights-of-way. In developments that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by the Ordinance No. Z-453-04 41 Thoroughfare Plan, the developer shall dedicate additional width along either one or both sides or such streets of inadequate width so as to bring them up to standards, provided the area to be used for widening is owned by the subdivider or under his control; c. Location and character of streets; d. Access to public streets; e. Driveway and curb cut locations in relation to other sites; f. Location and character of curbs and gutters; g. General vehicular traffic; h. Location and character of vehicle parking facilities; i. Vehicular internal site circulation; 8. Pedestrian and bicycle circulation. a. Consistency with the policies for the district as set forth in the Thoroughfare Plan; b. Location and character of sidewalks, pedestrian trails, and bicycle paths; c. Access to public sidewalks and multi-use paths; d. General pedestrian and bicycle traffic; e. Location and character of bicycle parking and storage facilities; f. Pedestrian and bicycle internal site circulation. 9. Site landscaping and screening. 10. Height, scale, materials, and style of improvements. 11. Project signage. 12. Recreation space. 13. Exterior lighting. 14. Other requirements considered appropriate by the legislative body: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Special and general easements for public or private use; d. Protective restrictions and/or covenants. Plan Documentation & Supporting Information. 1. The location and character of the following: a. Existing and proposed principal structures and accessory structures. i. Exterior Elevations, Renderings, Etc. Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Development Plan approval, together with Ordinance No. Z-453-04 42 ii. (c) (d) Utilities. Signage. i. Architectural Design, Exterior Lighting, Landscaping and Signage Plans, shall be submitted to the Commission in order to better define the intent of the proposed development. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section shall not apply to detached, single-family residences. Site Plan. (a) Location of special and general easements for public or private use; (b) Building setback lines; Building coverage; Building separation. Sign Plan. All exterior signage proposed to be located in the development, subject to approval and obtaining of a Sign Permit prior to erection under the requirements of the Sign Ordinance, shall be shown and conformance or nonconformance with said Ordinance shall be so noted. d. Landscaping. i. Landscape Plan. A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission. The nature and intensity of uses in the development. The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities. a. Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the development or with a direct bearing on the development versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed development and the traffic it would engender, particularly at peak periods. A Circulation Plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic. The location and capacity of drainage facilities and sewer systems serving the development. a. Drainage Plan. Detailed drawings and Construction Plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary Ordinance No. Z-453-04 43 appurtenances, shall be included. Among the necessary items of information are locations, grades, sizes, capacity and typical cross-sections of the Drainage Plan elements. A report shall be included concerning: i. Legal drains located in the development or relating to the development, ii. The flooding potential of the development, iii. The design of the storm water system to deal with such flooding potential, and iv. The expected impact of the development's storm water runoff on any receiving stream or downstream properly. Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains. Other information considered appropriate by the legislative body. a. Metes & Bounds Description. An accurate metes and bounds description of the boundary of the tract that is subject to Final Development Plan approval. b. Covenants, Conditions & Restrictions. A list of the covenants, conditions, and restrictions, if any, which will mn with the land and affect the use of the property within the area subject to Final Development Plan approval. The approved covenants shall be recorded with the Recorder of Harrdlton County, Indiana. c. Erosion Control & Sedimentation Plan. A statement and plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, e.g., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil & Water Conservation District guidelines for urban development. d. Lighting Plan. Specifics are required concerning the easements, locations, size, height, type, intensity and illuminance of proposed street and outdoor lighting. e. Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: i. City, County or State highway departments; ii. Indiana Natural Resources Comm/ssion; iii. Board of Public Works & Safety; iv. member organizations of the Technical Advisory Committee. f. Other Construction Plans. Other specific Construction Plans shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the Ordinance No. Z-453-04 44 24.03 related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross-sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. g. Construction Timetable. A construction timetable or schedule shall include the approximate timing of completion and/or occupancy of the improvements proposed in the area subject to Development Plan approval. h. Deeds of Dedication. Certification of dedication of streets, rights-of-way and other public property to the proper authorities, except so much thereof as are intended to remain private. i. Certificate of Commission Approval. Certificate of Approval by the Commission shall be on each and every sheet of the Development Plan. Architectural Design, Exterior Lighting, Landscaping and Signage. A. Development Requirements. The Commission shall review an Architectural Design, Exterior Lighting, Landscaping and Signage application to determine if the Architectural Design, Exterior Lighting, Landscaping and/or Signage satisfy the development requirements specified herein and in the applicable zoning district. The Commission's review shall include but not be limited to the following items: 1. Compatibility of the development with surrounding land uses. a. Consistency with the policies for the district as set forth in the Comprehensive Plan; b. Surrounding zoning and existing land use; c. Compatibility with existing platted residential uses; and d. Compatibility of proposed project with existing development within the district. 2. Pedestrian and bicycle circulation. a. Consistency with the policies for the district as set forth in the Thoroughfare Plan; b. Location and character of sidewalks, pedestrian trails, and bicycle paths; c. Access to public sidewalks and multi-use paths; d. General pedestrian and bicycle traffic; e. Location and character of bicycle parking and storage facilities; f. Pedestrian and bicycle internal site circulation. 3. Site landscaping and screening. 4. Height, scale, materials, and style of improvements. 5. Project signage. 6. Exterior lighting. Ordinance No. Z-453-04 45 7. Other requirements considered appropriate by the legislative body: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Special and general easements for public or private use; d. Protective restrictions and/or covenants. Plan Documentation & Supporting Information. 1. The location and character of the following: a. Existing and proposed principal structures and accessory structures. i. Exterior Elevations, Renderings, Etc. Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Architectural Design, Exterior Lighting, Landscaping and Signage approval, together with Plans, shall be submitted to the Commission in order to be~er define the intent of the proposed development. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section shall not apply to detached, single-family residences. ii. Site Plan. (a) Location of special and general easements for public or private use; (b) Building setback lines; Building coverage; Building separation. (c) (d) Utilities. Signage. i. Sign Plan. All exterior signage proposed to be located in the development, subject to approval and obtaining of a Sign Permit prior to erection under the requirements of the Sign Ordinance, shall be shown and conformance or nonconformance with said Ordinance shall be so noted. Landscaping. i. Landscape Plan. A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan comrmssion. e. Exterior Lighting. Ordinance No. Z-453-04 46 24.99 i. Lighting Plan. Specifics are required concerning the easements, locations, size, height, type, intensity and illuminance of proposed street and outdoor lighting. 2. The nature and intensity of uses in the development. 3. Other information considered appropriate by the legislative body. a. Covenants, Conditions & Restrictions. A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the area subject to Architectural Design, Exterior Lighting, Landscaping and Signage approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana. b. Other Construction Plans. Other specific Construction Plans shall be subrnit~ed as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross-sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. Procedures for Submission and Review. A. Development Plan. 1. Pre-Application Consultation with the Director. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. 2. Application. a. Director. The applicant shall submit to the Director: i. Two (2) copies of the written application form; ii. Two (2) copies of the Existing Features & Site Analysis Plan; iii. Two (2) copies of the Development Plan; iv. As well as two (2) copies of all necessary supporting documents and materials. b. Technical Advisory Committee. The applicant shall submit the following to the members of the Technical Advisory Committee (TAC): i. One (1) copy of the written application form; ii. One (1) copy of the Existing Features & Site Analysis Plan; iii. One (1) copy of the Development Plan; iv. As well as one (1) copy of all necessary supporting documents and materials. Ordinance No. Z453-04 47 c. Initial Review of the Application and Supporting Documents and Materials. i. Director. Following the receipt of the written application, Development Plan, and necessary supporting documents and/or materials, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. ii. Technical Advisory Committee. Following the receipt of the written application, Development Plan, and necessary supporting documents and/or materials, the Director shall place the application on the agenda of the Technical Advisory Committee. d. Submittal to the Commission. i. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. ii. If the materials submitted by the applicant are determined to be complete and in compliance, the Director shall forward the materials to the Commission. Within thirty (30) days of the formal acceptance of the Development Plan application, the Director shall formally file the application by: (a) Assigning a docket number; (b) Setting a date and time for a public hearing; and (c) Placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. iii. The applicant shall file for each Commission member a copy of the Existing Features & Site Analysis Plan, the Development Plan, and supporting documents and/or materials pursuant to the Commission's Rules of Procedure. Fees. See Section 29.06. Public Notice. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Commission's Rules of Procedure. Public Hearing by the Commission. The conduct of the public hearing shall be in accordance with the Comtmssioffs Rules of Procedure. Ordinance No. Z4534)4 48 Following the public hearing, the Development Plan shall be reviewed by the Commassion. Review. The Commission shall review a Development Plan to determine if the Development Plan: a. Is consistent with the Comprehensive Plan; and b. Satisfies the development requirements specified in the Zoning Ordinance. Approval. a. In determining whether approval shall be granted, the Commission shall consider generally if the Development Plan: i. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the District and with adjacent uses; ii. Provides sufficient and well-designed access, parking and loading areas; iii. Provides traffic control and street plan integration with existing and planned public streets and interior access roads; iv. Provides adequately for sanitation, drainage and public utilities; and v. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan. b. In determining whether approval shall be granted, the Commission may: i. Impose conditions on the approval of a Development Plan if the conditions are reasonably necessary to satisfy the development requirements specified in the Zoning Ordinance for approval of the Development Plan. ii. Provide that approval of a Development Plan is conditioned on the furnishing to the Commission of a bond or written assurance that: (a) Guarantees the timely completion of a proposed public improvement in the proposed development; and (b) Is satisfactory to the Commission. iii. Permit or require the owner of real property to make a written commitment. c. Time Limit. An approved Development Plan shall be valid for two (2) years from the date of approval. Upon written application to the Director before the expiration of said Ordinance No. Z-453-04 49 approval, and upon good cause shown, the Director may extend the approval for a period not to exceed six (6) months. d. If the Development Plan is substantially or materially altered in any way, resubmission to the Commission is required. e. If a Development Plan petition is denied, the Commission shall provide the applicant with a written copy of the findings- of-fact, if requested. f. and other matters relevant to review. 8. Amendment. a. Requirements. See Section 24.02. b. Fees. See Section 29.06. c. Public Notice. See 3~A(4). d. Public Hearing. See ,fA(5). e. Review. See,fA(6). f. Approval. See 3~7 above. g. and other matters relevant to review. Architectural Design, Exterior Lighting, Landscaping & Signage. 1. Pre-Application Consultation with the Director. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and exam/ne the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. 2. Application. a. Director. The applicant shall submit to the Director: i. Two (2) copies of the written application form; ii. Two (2) copies of the Existing Features & Site Analysis Plan; iii. Two (2) copies of the Exterior Elevations and/or Renderings; iv. Two (2) copies of the Lighting Plan; v. Two (2) copies of the Landscape Plan; vi. Two (2) copies of the Signage Plan; vii. As well as two (2) copies of all necessary supporting documents and materials. b. Technical Advisory Committee. The applicant may be required to submit the following to the members of the Technical Advisory Cornrmrtee (TAC): i. One (1) copy of the written application form; ii. One (1) copy of the Existing Features & Site Analysis Plan; Ordinance No. Z-453-04 50 iii. One (1) copy of the Exterior Elevations and/or Renderings; iv. One (1) copy of the Lighting Plan; v. One (1) copy of the Landscape Plan; vi. One (1) copy of the Signage Plan; vii. As well as one (1) copy of all necessary supporting documents and materials. Initial Review of the Application and Supporting Documents _and Materials. i. Director. Following the receipt of the written application, Plans, and necessary supporting documents and/or materials, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. ii. Technical Advisory Committee. Following the receipt of the written application, Plans, and necessary supporting documents and/or materials, the Director shall place the application on the agenda of the Technical Advisory Committee. Submittal to the Commission. i. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. ii. If the materials submitted by the applicant are determined to be complete and in compliance, the Director shall forward the materials to the Commission. Within thirty (30) days of the formal acceptance of the Architectural Design, Exterior Lighting, Landscaping and Signage application, the Director shall formally file the application by: (a) Assigning a docket number; (b) Setting a date and time for Commission review; and (c) Placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. iii. The applicant shall file for each Commission member a copy of the Existing Features & Site Analysis Plan, the Plans, and supporting documents and/or materials pursuant to the Commission's Rules of Procedure. Ordinance No. Z-453-04 51 Fees. See Section 29.06. Review. The Commission shall review an ADLS to determine if the ADLS: a. Is consistent with the Comprehensive Plan; and b. Satisfies the development requirements specified in the Zoning Ordinance. Approval. a. In determining whether approval shall be granted, the Commission shall consider generally if the Architectural Design, Exterior Lighting, Landscaping and Signage: i. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the District and with adjacent uses; ii. Provides sufficient and well-designed access, parking and loading areas; and iii. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan. b. In determining whether approval shall be granted, the Commission may: i. Impose conditions on the approval of an Architectural Design, Exterior Lighting, Landscaping and Signage if the conditions are reasonably necessary to satisfy the development requirements specified in the Zoning Ordinance for approval of the Architectural Design, Exterior Lighting, Landscaping and Signage. ii. Permit or require the owner of real property to make a written commitment. c. Time Limit. An approved Architectural Design, Exterior Lighting, Landscaping and Signage shall be valid for two (2) years from the date of approval. Upon written application to the Director before the expiration of said approval, and upon good cause shown, the Director may extend the approval for a period not to exceed six (6) months. d. If the Architectural Design, Exterior Lighting, Landscaping and/or Signage is substantially or materially altered in any way, resubmission to the Commission is required. e. and other ma~ers relevant to review. Amendment. a. Requirements. See Section 24.03. b. Fees. See Section 29.06. c. Review. See3~A(6). Ordinance No. Z~453-04 52 Appeals. l. Approval. See 3~7 above. and other matters relevant to review. Authority. The Commission may hear, review and determine appeals taken from any order, requirements, decision or determination made by a Hearing Officer or Committee authorized to approve the Development Plan or any portion thereof. Filing Deadline. All appeals shall be filed with the Director within thirty (30) days of the action to be appealed. Appeal Procedure. a. Consultation with the Director and Application. Appellants shall meet with the Director in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. b. Initial Review of the Application and Supporting Documents and Materials by the Director; Submission to the Commission. Following the receipt of the written appeal application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the comrmssion. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his materials. Unless and until the Director formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward Commission consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Commission agenda by the Director according to the Commission's Rules of Procedure. c. Public Hearing by the comrmssion. Once the Director has accepted and filed the appeal application with the comrmssion, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the cornrmssion. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The conduct of the public hearing shall be in accordance with the Commission's Rules of Procedures. d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the appeal, the comrmssion shall approve, approve with conditions, or deny the appeal. In exercising its powers, the Commission may reverse or affirm, Ordinance No. Z-453-04 53 wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the Hearing Officer or Committee from whom the appeal is taken. Upon reaching a decision on the appeal request, the Commission shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Commission shall inform the Director and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Commission. Stay of Work. When an appeal from Hearing Officer or Committee has been filed with the Commission, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless Hearing Officer or Committee from whom the appeal was taken shall certify to the Commission that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Commission or by a court of competent jurisdiction, on notice to Hearing Officer or Committee from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director shall have full power to order such work discontinued or stayed and to call upon the police power of the City or County to give full force and effect to the order. CHAPTER 25.07: SIGN ORDINANCE la. Adopt Section 25.07. 02-14: Old Meridian District to read: 25.07.02-14 Old Meridian District. This section applies to all land uses located on properties within the zones established pursuant to Chapter 20G: Old Meridian District. The signage requirements in Section 25.07.02-01 through 25.07.02-12 of this Ordinance apply, except where superceded by the provisions of this section. a) SIGN CLASSIFICATION: As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 1. 20G.05.01: Single-Family Attached Zone (OM-SFA): a) No permanent exterior signs of any kind will be allowed except: (i) House numbers established in accordance with Section 25.14: Premises Identification, and (ii) Nameplates established in accordance with Section 25.07.02-03: Home Occupation and Boarding House (Residential Zone). Ordinance No. Z453-04 54 b) c) 2. 20G.05.02: Multifamily Housing Zone (OM-MF): a) Limited to Suspended Signs, Projecting Signs, Porch Signs, or Wall Signs. 3. _20G.05.03: Village Zone (OM-V): (a) Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations of Section 25.07.02-13: Old Town Carmel shall apply to the Village Zone. (b) Exempt Signs: All signs designated as exempt in Section 25.07.01-03 of the Sign Ordinance, except as noted in Section 20G. OS.07(E)(5). (c) Prohibited Signs: The provisions in Section 25.07.01-04 shall apply. The following signs are also prohibited: (l) Ground Signs, or other free standing signs. (2) Signs which contain blinking, pulsing, or moving components. 6) 20G.05.06: Special Use Zone (OM-SU): (a) See 25.07.02-07: Special Use and Use Variance Sign. 7) _20G.05.07: Meiier Zone (OM-MI: (a) Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.07.02-13 shall apply to the Meijer Zone. (b) Exempt signs: All signs designated as exempt in Section 25.07.01-03 of the Sign Ordinance, Ordinance No. Z-302. (c) Prohibited signs: The provisions in Section 25.07.01-04 shall apply. Signs which contain blinking, pulsing, those with moving components are also prohibited. NUMBER & TYPE: As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 7) 20G.05.07: Meiier Zone (OM-M}: (e) Two (2) monument signs no larger than sixty (60) square feet are allowed for a single user of the existing Meijer store, with one (1) sign located at the existing street cut on Old Meridian Street, in the Village Zone, and the other sign being located in accordance with the plans approved by the Commission, Docket No. 22-91 ADLS/DP. (f) Signage for the Convenience Store shall be permitted, consistent with Section 20G. 05.07(E)(1), and subject to ADLS approval. MAXIMUM SIGN AREA: As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 2. 20G.05.02: Multifamily Housing Zone (OM-MF): (1) Suspended Signs: Twelve (12) square feet (2) Projecting Signs: Twenty (20) square feet Ordinance No. Z-453-04 55 d) e) (3) Porch Signs: Six (6) square feet (4) Wall Signs: Sixteen (16) square feet (5) Ground Signs, or other freestanding signs are not permitted. 4. ~20G.05.04: Mixed Use Zone (OM-MU): (2) Wall Signs shall not exceed thirty-two (32) square feet. 5) 20G.05.05: Office Zone (OM-O}: (a) Ground Signs shall not have a Sign Face that exceeds twenty- four (24) square feet. (b) Wall signs shall not exceed thirty-two (32) square feet. MAXIMUM HEIGHT OF GROUND SIGN: As allowed pursuant to the signage requirements in Section 25.07.02-0l through 25.07.02-12, unless otherwise specified below. 4) 20G.05.04: Mixed Use Zone {OM-MU): (1) Ground Signs shall not be taller than four (4) feet. 5) 2_0G.05.05: Office Zone (OM-O): (a) Ground Signs shall not be taller than four (4) feet. LOCATION: Signs shall not interfere with Vision Clearance. As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07. 02-12, unless otherwise specified below. 2. 20G.05.02: Multifamil¥ Housing Zone (OM-MF): (1) Wall Signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building (Figure ##) (2) No sign shall extend above the cornice line of the building. 3. 20G.05.03: Village Zone (OM-V): (d) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Figure ##) (e) No sign may extend above the cornice line of the building. (f) Signs may also be painted in white graphics in storefront or upper floor windows. (g) Signs may also be imprinted on permanent awnings. 4) 20G.05.04: Mixed Use Zone {OM-MU): (b) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Figure ##) (c) No sign may extend above the cornice line of the building. 7) 20G.05.07: Meiier Zone {OM-M): (d) Wall signs must fit within the horizontal and vertical elements of the building and not obscure details of the building. (Figure ##) No sign shall be allowed to extend above the cornice line of the building. Ordinance No. Z-453-04 56 g) h) J) k) l) b) DESIGN: As approved. 3. 20G.05.03: Village Zone (OM-V): (h) Tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building. (i) Providence at Old Meridian. The sign package adopted with ~rdinance No. Z-338, Providence at Old Meridian Plan Unit Development District shall be allowed as approved. ILLUMINATION: As approved. LANDSCAPING: A landscaped area equal to the total sign area is required for all Ground Signs established in the Old Meridian District. REQUIRED APPROVAL: Must be approved by the comrmssiorg and sign may be established any time after final plans are approved. SIGN PERMIT: Required FEES: Required. Specific District Requirements: 8) 20G.05.08: Mixed Medical Zone (OM-MM): (a) The provisions of the Carm.%/C!ay Sign Ordinance, Ordinance No. Z-302, shall apply, except as noted below. (1) For a building with multiple tenants or occupants and which is in excess of 10,000 square feet of gross building area located on a site by itself, or for multiple buildings located on an integrated site with a shared entrance, a single freestanding monument sign located at the entrance of the site and within the front setback shall be permitted. Each sign face (maximum of two (2) faces per sign) shall not exceed sixty (60) square feet in total area. It must be landscaped at the base of the sign. (2) A building not described in Subsection (a) above, shall be identified by the use of a ground sign which shall not be taller than four (4) feet, and have a sign face that does not exceed thirty-two (32) square feet. (3) Wall signs shall not exceed thirty-two (32) square feet. (4) Directory signs are permitted in accordance with the Sign Ordinance Z-302. (b) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Figure 23) (c) No sign may extend above the bottom of the roofline or, in the case of flat roofs, the cornice line of the Building. NUMBER & TYPE: One (1) Identification Sign per business in a Single-tenant Building or a Multi-tenant Ground Floor Building. One (1) Building Identification Sign per Multi-tenant Ground Floor Building or Multi-tenant Multi-level Building is permitted if seven (7) or more businesses occupy the same building. In no Ordinance No. Z-453-04 57 c) d) e) g) h) i) J) k) l) instance shall any building or Multi-tenant Building Complex have more than one (1) Ground Identification Sign. If the Identification Sign is to be used for tenant identification then all building tenants shall equally share the Sign Area as per appropriate chart. This includes the Center Identification Ground Sign - all copy shall be included on only one (1), Ground Identification Sign. MAXIMUM SIGN AREA: i) Twenty (20) square feet for a Projecting Sign; ii) Twelve (12) square feet for a Suspended Sign; iii) Six (6) square feet for a Porch Sign. MAXIMUM HEIGHT OF GROUND SIGN (Suspended): Eight (8) feet. LOCATION: No Ground Sign shall be located closer than five (5) feet to the right- of-way and shall not interfere with Vision Clearance. A Projecting Sign may be utilized only when the building on which it is to be established has a Front Yard with a depth of less than five (5) feet. A Projecting Sign shall be located a minimum of two (2) feet behind the curb and shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground level. COLOR & DESIGN: No restrictions except for those signs which require approval by the Commission. However, signs in Unified Centers must be of similar design and identical in lighting, color, height of sign area and style of construction. COPY: As per definition of Identification Sign. ILLUMINATION: Permitted. LANDSCAPING: Optional. REQUIRED APPROVALS: All permanent signs requiring a permit that are established in the B-4, B-7, B-8, M-3 or U.S. Highway 31 Overlay Zone require Commission approval. SIGN PERMIT: Required. FEES: Required. Ordinance No. Z453-04 58 fb. Amend Section 25.07: Sign Ordinance; Sign Charts A, B, C to read: Sign Chart A: Non-Freeway. SINGLE TENANT & MULTI-TENANT BUILDINGS_ (Ground Floor & Multi-Level) Distance of Sign from Building Maximum Maximum Height Street Right-of-Way* Frontage Sign Area of Ground Sign (minimum of 5 feet) (Tenant Unit) 5 - 50 feet under 50 feet 30 sq. ft. 6 feet 51 - 100 feet 45 sq. ft. 6 feet 101 - 150 feet 60 sq. ft. 6 feet 151 - 300 feet 75 sq. ft. 6 feet 51-100 feet under 50 feet 35 sq. ft. 6 feet 51 -100 feet 60 sq. ft. 6 feet 101 - 150 feet 80 sq. ft. 6 feet 151 -300 feet 95 sq. ft. 6 feet 101 - 300 feet under 50 feet 40 sq. ft. 6 feet 51 - 100 feet 75 sq. ft. 6 feet 101 - 150 feet 90 sq. ft. 6 feet 151 - 300 feet 105 sq. ft. 6 feet Over 300 feet under 50 feet 50 sq. ft. 7 feet 50 - 100 feet 90 sq. ft. 7 feet 101 - 100 feet 100 sq. ft, 7 feet 151 - 300 feet 115 sq. ft. 7 feet 300 + feet 150 sq, ft. 7 feet * Street Right-of-Way, as designated in the Thoroughfare Plan. Ordinance No. Z-453-04 59 Sign Chart B: Freeway. SiNG~TI_TENANT BUILDINGS: (Ground Floor & Multi-Level) Distance of Sign From Building Maximum Maximum Street Right-of-Way* Frontage Sign Area Height of Ground Sign (minimum of 5 ft) (Tenant Unit) 200 feet & under under 100 feet 40 sq. feet 6 feet 101 - 250 feet 75 sq. feet 7 feet over 250 feet 100 sq. feet 8 feet over 200 feet** under 100 feet 50 sq. feet 6 feet 101 - 250 feet 90 sq. feet 7 feet over 250 feet 120 sq. ft. 8 feet * Street Right-of-Way, as designated in the Thoroughfare Plan. ** For distances over 200 feet, the maximum sign area may be increased at the rate of an additional five (5) sq. ft. per additional 100 ft. of distance from sign to street right-of-way. Sign Chart C: Address Number Chart. Distance of Numbers from Street Maximum Height Right-of-Way* of Numbers 100 feet 3.5 inches 200 feet 7.0 inches 400 feet 14.0 inches 600 feet 21.0 inches 800 feet 28.0 inches 1,000 feet 35.0 inches 1,320 feet 46.1 inches Street Right-of-Way, as designated in the Thoroughfare Plan. Amend Section 25.07.06: Legal Nonconforming Signs to read: 25.07.06 Legal Nonconformine Signs. A. After the enactment of this amendatory Ordinance, the Administrator shall make a survey every twelve (12) months of the jurisdictional area for signs that do not conform to this Ordinance (as of July Ist of the respective calendar year); and shall submit the results of the survey, in writing, to the Mayor, members of the Ordinance No. Z-453-04 60 ~ ......s members of the Board, and members of the Commission. Council, This report is due on or before b:dy September 1st of every year and shall include the sections of this Ordinance with which said signs do not comply (as of July I of the respective calendar year), and any necessary proof that said signs are legal nonconforming signs. The Administrator shall also use all reasonable efforts to notify the user or owner of the property on which such sign is located of the sign's nonconformity and whether it is legally nonconforming or is illegal. Should any questions arise as a result of the Administrator's decision that a sign is a legal nonconforrning sign or is illegal, the final determination of such status shall be made by the Board as provided for in Section 28.06 of this Ordinance. An ongoing record of existing legal nonconforming signs shall thereafter be maintained as a part of the Board's permanent records. Where a nonconforming sign was legally existing on July 1, 200! 2004, the Administrator shall register such sign as a legal nonconforming sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board granted a variance and a Sign Permit was issued. A nonconforming sign as described in Subsection (C) above which is duly registered shall thereafter be deemed a legal nonconforming sign and may be continued without further registration. If the Administrator determines that a nonconforming sign existing on July 1, 200[ 2004, was not legally erected or installed, the user or owner shall have until January 1, 20~ 2006, to appeal the Administrator's deternunation to the Board or to obtain a variance from the Board allowing the sign to be continued. After January 1, 2~ 2006, if the Board has not reversed the Administrator's determination or granted a variance allowing the sign to be continued, it shall thereafter be deemed an illegal sign and shall be immediately brought into conformance with this Ordinance or shall be removed. A legal nonconforming sign shall immediately lose its legal nonconforming designation if: 1. The sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues for six (6) months; 2. The sign is relocated; 3. The complete sign and sign structure are replaced; or 4. The Sign Permit or variance under which the sign was allowed or permitted expires. On the happening of any one (1) of the above conditions the sign shall be immediately brought into conformance with this Ordinance with a new Sign Perrnit secured therefore, or shall be removed. Nothing in this Ordinance shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal non- conforming sign is located from the provisions of this Ordinance regarding safety, maintenance and repair of signs. Ordinance No. Z-453-04 61 CHAPTER 26: ADDITIONAL HEIGHT, YARD, & LOT AREA REGULATIONS fd. Amend Section 26. O1: Additional Height Requirements; 3~01 to read as follows: 26.01 Additional Height Requirements. 26.01.01In the S-l, S-2, R-I, R-2, and R-3 Residential Districts limiting height to t-wenty ~fi;',~ (25) thirty-five (35) feet, a D-:.'z!l~ng may ~ :ncr ........ k~.~,-~ ,u.,., n,,~ ~a~x c~, ..... ~'~d the reauired Side and Rear Yards are increased an additional foot for each foot such Structure exceeds twenty-five (25) feet in height. Amend Section 26.02.07 to read: 27.02.07Required Front Yards in residential districts shall be devoted entirely to landscaped area except for Frontage Places, guest parking, and the necessary paving of driveways and side~valks to reach parking or loading areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Q::al!fy!ng Subdivision utilizing relaxed Front Yard standards per Section 7. 00. O1 of the Subdivision Control Ordinance shall be as follows: A. Dwelling with attached, front-loading garage: Twenty (20) feet. Garage must be set back a minimum of twenty-five (25) feet. B. Dwelling with attached, side-loading garage: Fifteen (15) feet. Garage must be set back a minimum of twenty-five (25) feet. C. Dwelling with attached, rear-loading; or attached, alley-access garage: Ten (10) feet. CHAPTER 27: ADDITIONAL PARKING & LOADING REGULATIONS ff. Adopt title 27.01: Computation of Number of Required Spaces for Section 27.01. CHAPTER 28: NONCONFORMING USES & EXEMPTIONS fg. Amend Section 29.01: The City Council; ~29.01.02 to read: 29.01.02Consider amendments to the Officml Zoning ....... t M p. CHAPTER 29: ADMINISTRATION fh. Amend Section 29.02.· The Commission; 29·02.02 to read: 29.02.02Advise the City Council in writing on amendments to the Official Zoning t;)ia~ict Map. fi. Amend Section 29.02.· The Commission; 29.02.03 to read: · · ~ .... a 11 applicable Primary 29.02.03 Consider Development Plan and ADLS apphcaUons for P ....... a Zoning Districts. fi. Repeal the text of Section 29.04· 02: Improvement Location Permits in its entirety: 29.04.02Lmprovement Location Permits. Ordinance No. Z-453-04 62 ~...n,;-- -~--~ estate, without ~]cst ~!kng a wri~en application ':Ath the ........ ,:~+;~. e~. ~n l~rcT~mznt ~ ..... n Pzr~2t ~balI -,he .... ';~b!~ ............ ~ ...... ,;~,4~_ c .... ~ .... vement Lczatizn Pc~2t is made f~r . , ...... e~i,;.; .... a o~cn s~zz~z, Admin:s~zt:':e Count:. appr c','. ........ ,k~ I~rcvzmcnt Locatizn Pzr~2t ¢. ~be Detector aka!! ;pprzv~ ~. d~..~ .... of the v.~i~zn app!izaticn r~ and We (5) working days of the rz*zipt ..... .~1~1~ Tk~ · .......... * ~ oczticn Pc~gt aha!! be ~apects tc this Ordinance 4. ~ D~rcc.o ............... . ~ecia! usc, an appeal use or a apprcvak .......... ~ or s~cmra! altzrat:e.. ~ any building ~e~.~ app.i~a.icn ..as ~zen ._ad ..... a.. N ....................... consWact:~n, . ..... keeping, ' budd:ng paint rsv:zw pr~c~ Repeal Section 29.04.03: Cert~eate of Occupancy in its entirety: ~. Nc !and shall bc setup:cd or used and building ...... ~ ~- o~-~'ral!" "~*~-~ -ha!! b: cccupi:a cr used, in whole cr paS, far any pu~z:¢ whatsoever, .,~.a a Czxificat: c. Occ.v-.~j bccn issusd k .k~ n; .......... ;_~ +k~+ th~ building and uzz zz~ly w:tk of the dis~izt in which it is to be located. g. Upon compkticn of the; ........ ant ....... ~ by *~ ~ ......... nt Pc~;* .... ;-; ~ P~;~at: ~ Oscupanzy, ,u~ n;.~*~- shall inspczt the r ad~'~" ~'~*e cr nat:cna! cedes, h~ ~.._11 ..... ~ ~c-*;~~*~ cf Oscup~cy. Ordinance No, Z453-04 63 apFhcat:cn for ...... ~ ........~7 ~ ....... : ............ ~ -'t~raticn cf =uch (-w days ~fi,. th~ lawful crcc,:cn, re ............................ build:ng or ......... ~ ........... ~¢nd ~ection 29. O& 02: Improvement Location Permits to read: 29.04.02Improvement Location Pe~ts and Certificates of Occupancy. See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations, fm. Adopt Section 29.04.03: unassigned. fn. Amend Section 29.04.04: Records of the Director; 3~6 to read: 6. Files on all activities of the Board of Zoning Appeals, the City Council and the Plan Commission, such as for the subdivision platting process, appeals, variances, special uses, Development Plans for F!armcd dis~iats, zoning amendments (text and map changes), nonconforming use determ/nations and zoning district boundary determinations. Said files should include, but not be limited to, application forms, newspaper published legal notices, record of the notice to adjoining and abutting property owners, plans and other required or necessary information concerning the application and minutes of the applicable body that pertain to the application. fo. Amend Section 29.05: The Clerk-Treasurer to read: 29.05 The Clerk-Treasurer. It shall be the duty of the Clerk-Treasurer to retain the official copy of the Zoning Ordinance and all amendments thereto and the Official Zoning digxict Map. All official zoning materials shall be available for public viewing in the office of the Clerk-Treasurer during normal office hours. fp. Amend Section 30. 08: The Clerk-Treasurer to read: 30.08 Alternate Procedure for Dcvcl.~mant Stanflar~: Yariane~.. 30.08.01 _Hearing Officers: Qualifications, Appointment and Removal. Pursuant to I.C. 36-7-4- 923, the Commission hereby establishes the position of Hearing Officer. A Hearing Officer must be a member of the Board or an attorney licensed to practice law in Indiana. One (1) or more Hearing Officers shall be appointed by the Commission. A Hearing Officer may be removed from his or her responsibilities at any time by the Commission. 30.08.02 Powers of Hearin Officers. A Hearing Officer has the power of the Board to approve or deny (1) a variance from the development standards of the Zoning Ordinance, in accordance with I.e. 36-7-4-918.5; or (2) a special use or special exception from the terms of the Zoning Ordinance, in accordance with I.e. 36-7-4-918.2. 30.08.03 Procedural Rules Governing Hearing Officers. Except as provided in this Section 30.08, all procedural requirements ......... ~. ........................... Rules of Procedure of the Board, by the Zoning Ordinance, and by I.e. 36-7-4-900 et seq.. apply generally to the alternate procedure. Specifically, the provisions of I.C. 36-7- 4-920(g) regulating communication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before the hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. Ordinance No. Z-453-04 64 30.08.04 _Docketing of Matters; Copies to Members of the Board. After the Director has formally accepted any Developmental Standards Variance, Special Use, or Special Exception application as complete and in legal compliance, the Director may, if the Director believes that it would allow for more expedient disposition of the application, place the matter upon a Heanng Officer agenda instead of placing the matter upon the Board's agenda. Copies of each Hearing Officer's agenda shall also be submitted to all members of the Board, no less than ten (10) days before the Hearing Officer's hearing of the matters on that agenda. Any member of the Board may then communicate with the Director if, in the opinion of the member, the application should be placed upon the Board's agenda. 30.08.05 _Transfer to Board's Agenda.. The Director may, not less than five (5) days before a hearing before a Hearing Officer, remove any application from the Hearing Officer's agenda if, in the opinion of the Director: (1) the approval of the Developmental Standards Variance, Special Use, or Special Exception may be found to be injurious to the public health, safety, morals, and general welfare of the community; or (2) the use or value of the area adjacent to the property included in the variance, use, or exception may be found to be affected in a substantially adverse manner. If the Director removes an application from a Hearing Officer's agenda, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. 30.08.06 Conditions Proposed by Director; Transfer to Board's Agenda. The Director may, not l~ss than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Developmental Standards Variance, Special Use, or Special Exception by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. 30.08.07 Inrposition of Conditions by Hearing Officer; Commitments by Property owner; Transfer to Board's Agenda. Following the hearing of an application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for tkz Devc!.epmznta! Standard.°, Variance fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Such a Commitment may be modified only by the Board itself. 30.08.08 Review of the Decisions of the Hearing Officer.. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board 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 within fourteen (14) days after the decision is made, as provided in I.C. 36-7-4-924. Ordinance No. Z-453-04 65 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-453-04 PASSED by the Common Council of the City of Carmel, Indiana this [(~ JPkday of~, 2004, by a vote of I~_ ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL . Kevin p~rsiding Officer - Ronald/E/.~artfi}rT~ident Pro Tempore Fr~d/Glas~ p, is")j~t 5. ~ ,,  ¢~f~'hs, District'~ ATTEST: Dimtia L. Cordray, IAMC, Clerk-Tf, sur¢ Brian Mayo District 3 Mark Rat/t~i~, AtOne Ordinance No. Z453-04 66 , l~rdinance No. Z-453-04 Presented~y me to the Mayor of the City of Carmel, Indiana this/~_dayof~r. ,2004, at ~'~.M. /~, ~~ ~ Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-453-04 Approved by me, Mayor of the City of Carmel, Indiana, this ~0 ~day of. ~t.A~:i~7 , 2004, at ] .',fig2. /~.M. rainard, Mayor ATTEST: Di~Surer Prepared by: John R. Molitor Carmel Plan Commission Aaomey One Civic Square Carmel, IN 46032 Ordinance No. Z~53-04 67