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HomeMy WebLinkAboutZ-162 Zoning DefinitionsAN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CARMEL, INDIANA O INANC NO. Z- /GA An ordinance amending the Zoning Ordinance of the City of Carmel, Indiana, Ordinance Z-160, passed by the Common Council of the City of Carmel, Indiana, on the 21st day of January, 1980. BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, under the authority of Acts 1979, Public Law 178 Section 1 et seq. (I.C. 18-7-4-101 et seq.), and all acts amendatory or supplemental thereto, that Ordinance No. Z-160 is hereby amended as follows: SECTION ONE Section 18.0 is deleted in its entirety and the regulations attached hereto are substituted therefore. SECTION TWO This Ordinance shall be in force and effect from and after the date of passage. Passed this .~--~ day of by the Common Council, City of Carmel, Indiana. , 1980, DorOthy J. ~ancockl Clerk-Treasurer City of Carmel, Indiana Reiman, Mayor of Carmel, Indiana 18.0 18.01 18.02 Br BUSINESS DISTRICT PURPOSE AND INTENT The purpose of this zone is to allow for development of a wide variety of commercial uses near areas zoned or utilized for residential purposes. The intent is to permit efficient land usage while protecting and maintaining the character of neighboring residential areas. DEFINITIONS PECULIAR TO THE B-7 DISTRICT EFFECTIVE DATE , 1980 the date this Ordinance dealing with the B-7 district was passed and became effective. LOT - any number of contiguous lots or portions thereof, not separated by a street or public way, upon which one or more main structures for a single use are erected or are to be erected in this B-7 district. UNDERSIZED LOT - a lot recorded prior to the effective date of this Ordinance which has a lot width of less than one hundred (100) feet. 18.1 PLAN COMMISSION APPROVAL Plan Commission approval shall be necessary: (i) prior to the consideration by the Board of Zoning Appeals for a variance of any property located within the B-7 district; (ii) prior to any change in use; and (iii) prior to the issuance of any improvement location permit in the B-7 zone district. The Plan Commission shall examine each proposal in relation to the health, safety and general welfare of the community and par- ticularly nearby residential areas. The Plan Commission review is to determine that the proposed use is within the permitted uses within a B-7 district and that the proposed use is appro- priately designed and landscaped to compatibly adjoin a resi- dential area. In such review, the Commission shall consider the particular elements of each proposal, which may include, but are not limited to the following items: 1. NEIGHBORHOOD IMPACT (social/neighborhood effects, impact on surrounding property, compatibility with existing commercial uses, and benefit to community, minimization or containment of possible negative effects). 2. SITE SUITABILITY (topography; on-site and off-site, surface and subsurface storm and water drainage; surround- ing zoning and land use; access to public streets; soils; hydrology). 3. PUBLIC FACILITIES (capacity of proposed and existing public streets; available police and fire protection; utilities on-site and to the site, including water, sewage and storm drainage facilities; easements). 4. CIRCULATION PATTERNS (amount and direction of traffic flow proposed and existing vehicular and pedestrian circulation patterns; streets, sidewalks, curbs and gutters; driveway and curb cut locations in relation to other sites; parking location and arrangement; alleys, service areas and load- ing bays; dedication of streets and rights-of-way). 18.2 ARCHITECTURAL DESIGN (scale and proportion; suitability of building materials; surrounding building design; proposed and existing landscaping; exterior lighting; signage; site coverage; building height, bulk and setback; necessary screening and buffering~. PERMITTED USES USE MINIMUM AREA ACRES) PARKING REQUIREMENTS OTHER REQUIREMENTS Antique Shop Apparel Shop Art Gallery Art & Music Center Auto Parts Store Bakery Barber Shop Beauty Shop Bicycle Shop Bookstore Business & Electronic Machines & Equip. Sales Business or Commercial School Camera Shop Candy or Ice Cream Shop Carpet & Rug Store One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 200 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area 10 spaces per classroom One space per 300 sq. ft. of floor area One space per ~ sq. ft. of floor area One space per 300 sq. ft. of floor area Page 3 USE China & Glassware Church, Temple or other place of worship MINIMUM AREA (ACRES) PARKING REQUIREMENTS One space per 300 sq. ft. of floor area Clinic or Medical Health Center Coin or Philatelic Store Craft and Hobby Shop Dancing Academy Day Nursery One space per 4 seats in the main place of assembly One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 200 sq. ft. of floor area Dressmaking Shop Dry Cleaning and Laundry (pick-up & delivery only) Duplicating & Blue- print Establishment Electrical Appliance Shop Financial Institution Flower Shop Furniture Store Furrier Shop Garden Shop General Offices One space per employee plus one space per six students One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area OTHER REQUIREMENTS No dry cleaning or laundering on premises USE MINIMUM AREA (ACRES) Gift Shop Haberdashery Hardware Store Health Studio Home Occupation Insurance Office Interior Decorating Shop Kindergarten Leather & Luggage License Bureau Locksmith or Key Shop Medical/Optical Laboratory Millinery Shop Multiple Family Dwelling Nursing, Retirement or Convalescent Facility Office Building PARKING REQUI t~EMENTS One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One additional space per 200 sq. ft. of dwelling devoted to home occupation One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per employee plus one space per six students One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area Two spaces per dwell- ing unit One space per bed plus one space per employee One space per 200 sq. ft. of floor area Page 4 OTHER REQUIREMENTS No service center. Office Supply One space per 300 sq. Store ft. of floor area USE Optician and Optical Supply Orthopedic & Medical Appliance and Supply Sales Paint & Wallpaper Store Pet Shop Photographic Studio Picture Framing Shop Printing Shop Professional Office Radio & Television Sales Shop Real Estate Office Recording Studio Reducing Salon Rental Agency Shoe Repair Shop Shoe Store Sporting Goods Store Stationer Tailor & Pressing Shop MINIMUM AREA (ACRES) PARKING REQUIREMENTS One space per 200 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 200 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 200 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area Page 5 OTHER REQUIREMENTS USE MINIMUM AREA (ACRES) PARKING REQUIREMENTS Page 6 OTHER REQUIREMENTS Tobacco Shop Toy Shop Travel Service Bureau Upholstery and/or Drapery Shop Utility Company Business Office Variety Store Water Management & Use Facilities One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area One space per 300 sq. ft. of floor area 18.3 18.4 ACCESSORY BUILDINGS AND USES Accessory uses and structures are permitted contingent upon Plan Commission approval (see 18.1) and under the following conditions: a) do not alter the character of the premises; b) are on the same lot as the principal structure to which they are accessory; c) are not attached to the principal structure with the exception of an allowable uniform and continuous roof, supported by customary supports or joists and no other connec- tion or attachment between the structures; d) not erected prior to the erection of the principal building; e) when detached from the principal building, set back seventy-five (75) feet or more from the front lot line; g) located in a side or rear lot but may not occupy more than 30 percent of the side or rear yard; h) when closer than ten (10) feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building; i) when more than ten (10) feet from a main building may be erected within five (5) feet, or easement plus three (3) feet, of a side or rear lot line, but not within any easement or required landscaped or greenbelt area; and j) shall have on all sides the same architectural features or shall be archi- tecturally compatible with the principal building(s) with which it is associated. HEIGHT AND AREA REQUIREMENTS 18.4.1 Maximum height - 35 feet, with a maximum of two stories 18.4.2 Minimum front yard - 40 feet. 18.4.3 Minimum side yard - 10 feet. 18.5 .4.4 Minimum aggregate of side yard - 25 18.4.5 Minimum rear yard - 30 feet. 18.4.6 18.4.7 18.4.8 18.4.9 .~et. Page 7 Minimum lot width - t00 feet; however, if a lot was recorded prior to , 1980 ("Effective Date") and said lot does not meet the minimum lot width re- quirements of this section, said lot ("Undersized Lot") may be used for any use permitted in the B-7 district provided: (a) At the time of the recordation of the Under- sized Lot, or on the Effective Date, the Undersized Lot met the requirements for minimum lot width then in effect for the underlying zoning district(s); (b) The owner of the Undersized Lot must include, up to the minimum lot width, any adjoining vacant land (not separated by a street or public way) which he owns at the time of application or at the time of the Effec- tive Date, which, if combined with the Undersized Lot, would create a lot which conforms to the minimum lot width requirements of this section; and (c) All other applicable regulations of the B-7 district can be met. Minimum lot size - A lot for a business use shall con- tain a minimum of 10,000 square feet when serviced by a community water system and a community sanitary sewer system. A lot for a multiple family dwelling shall contain 5,000 square feet per dwelling unit when ser- viced by a community water system and a community sewer system. 25,000 square feet shall be added to the mini- mum lot size if a community sanitary sewer system does not service the lot, and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. Minimum floor area - business uses - 900 square feet. multiple family dwelling - 800 square feet. Maximum lot coverage for multiple family dwellings - 40 percent of lot. LOADING 18.5.1 BERTH REQUIREMENTS (See 27;0) Ail business uses, except office buildings: (1) 3,000-15,000 square feet gross floor area: 1 berth. (2) 15,001-40,000 square feet gross floor area: 2 berths. (3) Each 25,000 additional square feet: 1 additional berth. Page 8 18.6 i8.5.2 Office Buildings: (1) 100,000 or less square feet gross floor area: 1 berth. (2) 100,101-300,000 square feet gross floor area: 2 berths. (3) Each 200,000 additional square feet: 1 additional berth. LANDSCAPING REQUIREMENTS 18.6.1 Landscaping Plan - A Landscaping Plan shall be sub- mitted to the Plan Commission for its approval at the same time other plans (i.e., 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, drive-ways, 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. Land- scape 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. 18.6.2 Areas To Be Landscaped (a) Where a lot or parcel of ground in the B-7 district abuts a parcel zoned for residential purposes, a thirty (30) foot landscaping buffer shall be located along the side of the lot which abuts the residentially zoned parcel. This landscape buffer shall be a green- belt as described herein and shall contain a visual screen six (6) feet in height created by a solid wall or fence, or by an earth berm with plantings, or by a planting hedge, or any appropriate combination thereof. The design of this buffer shall provide effective screening at all times during the year and shall be coordinated with or complementary to any adjacent land- scape buffer and its screening. (b) A greenbelt shall be an area suitably land- scaped consistent with the standards set forth herein and shall be otherwise unoccupied except for steps, walks, terraces, lighting standards, and other similar structures (excluding parking area). Innovative treat- ments are to be especially encouraged in this area. (c) Where a lot or parcel of ground in the B-7 district abuts a public street or thoroughfare, the Landscape Plan for the site shall include a landscaped area along and immediately adjacent to said street or thoroughfare, and this planting area shall provide for shade trees to be planted approximately every 50 feet. Page 9 18.6.3 The shade trees distance from the right-of-way and spacing should be approved in accordance with the particular property's characteristics and the needs of the particular proposed use. Landscape Standards. 18.6.4 (a) The interior dimensions of any planting area proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. (b) The primary landscaping materials used in the greenbelt shall be shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc. (c) All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight to ten feet in overall height and shall have a minimum trunk diameter, twelve (12) inches above the ground, of two to two and one-half inches upon planting. They should be of a variety which will attain an average mature spread greater than twenty (20) feet, provided that installation of any of the species as then currently recommended and approved by the Plan Commission and filed in the Building Commissioner's office, shall be considered as properly meeting the landscape standards for the type of species desirable. (d) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be con- served and integrated into the landscaping plan. LandscapingInstallation and Maintenance. (a) Installation. All landscaping as required by the landscaping plan shall be installed within six (6) months of the first occupancy of the building(s) on the lot. (b) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Ordinance and indicated on the landscaping plan which has been approved by the Plan Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris. (c) Changes 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. (d) Inspection. The Building Commissioner, or his duly appointed representative, shall have the authority to visit any lot within the B-7 district to inspect the landscaping and check it against the approved plan on file. ~ ~ ~ Page 10 18.7 ~TSIDE STORAGE, DISPLAY AND REFUSE All outside storage, display and refuse shall be completely enclosed in a main or accessory building. 18.8 APPLICATION PROCEDURE 18.8.1 Consultation with Building Commissioner and Application. 18.8.2 18.8.3 Applicants shall meet with the Building Commissioner to review the zoning classification of their site, obtain copies of the regulatory ordinances and materials if necessary, review the application procednre and examine the proposed use and development of the property. The Building Commissioner shall aid and advise the appli- cant in preparing his application and supporting docu- ments as necessary. The applicant shall submit two (2) copies of the written application form, five (5) copies of the proposed site plan with its landscaping design, and all other necessary supporting documents and materials, and the application fee of $250.00 to the Building Commissioner. Initial Review of the Application and Supporting Documents and Materials by the Building Commissioner; Submission to the Plan Commission. Following the receipt of the written application, site plan with landscaping plan, necessary supporting documents and materials and the application fee by the Building Commissioner, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all appli- cable ordinances, laws, and regulations and is to be forwarded to the Commission. If the materials sub- mitted by the applicant are not complete or do not comply with the necessary legal requirements, the Building Commissioner shall inform the applicant, in writing, within ten (10) days of receipt of the materials, of the deficiencies in said materials. Unless and until the Building Commissioner 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 Plan Commission approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Building Commis- sioner, he shall formally file the application by -placing it upon the agenda of the Commission, accord- ing to Plan Commission rules of procedure. Public Hearing by Plan Commission Once the Building Commissioner has accepted and filed the application with the Commission, the Plan Commis- sion or its delegate shall assign the application a docket number and set a date and time for the public hearing. The Building Commissioner shall notify the applicant in writing of the public hearing. The applicant shall be responsible for the cost and Page 11 18.8.4 publication of the published legal notification of the public hearing which shall appear at least fifteen (15) days prior to the date of the public hearing. As necessary, the applicant shall also notify all adjoining and abutting property owners. The Plan Commission shall hold the public hearing according to its rules or procedure. Review and Approval or Denial of the Application by the Commission. Following the public hearing, the Plan Commission shall, within forty-five (45) days of the public hearing, review the application and shall notify the applicant in writing of any further changes which are required or should have consideration before approval or denial of the application can be given. Within forty-five (45) days of the receipt of materials incorporating the required changes into the application, the Commission shall then approve or deny the permitted use application and shall provide the applicant with a copy of said reasons if requested. Upon approval of the application, the Commission shall inform the Build- ing Commissioner that he may issue improvement location permits for the approved use and inform the applicant that he may apply to the Building Commissioner for improvement location permits for the approved use if necessary, or to commence the approved use if no permits are required. If denied, the Commission shall so inform the applicant, in writing, and the Building Commissioner.