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HomeMy WebLinkAboutZ-161 Lim.Acc Hwy/St. Rd.431AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CARMEL, INDIANA ORDINANCE NO. z-I l 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 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 e__t seq. (I.C. 18-7-4-101 et seq.), and all acts amendatory or supplemental thereto, that Ordinanc~ No. Z-160 is hereby amended as follows: SECTION ONE. Section 23.0 of the Zoning Ordinance is amended by changing the title from LIMITED ACCESS HIGHWAY ZONE to STATE HIGHWAY 431 OVERLAY ZONE. SECTION TWO. A new Section 23.01 consisting of the regulations attached herto is inserted. SECTION THREE This Ordinance shall be in force and effect from and after the date of passage. Passed this ~/ day ~ ~ia by the Common Council, City of rme na. , 1980, aa~t~ Reiman, Mayor of Carmel, Indiana Clerk-Treasurer City of Carmel, Indiana 23.01 23.01 -1 23.01 -2 23.01 -3 United States Highway 31 Overlay Zone Purpose~ Intent and Authority. It is the purpose of the United States Highway 31 Overlay Zone, as presented in this Section 23.01 ("U.S. 31 Overlay Zone") to promote and pro- tect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering United States Highway 31 in Clay Township, Hamilton County, Indiana. The Plan Cormnission, in establishing this zone, is relying on I.C. 18-7-4-101 et seq., and in particular, 18-7-4-405(2)B. United States Highway 31 is a limited access highway and an important entrance corridor to Carmel and to Clay Township. Therefore, it is the further purpose of the U.S. 31 Overlay Zone to preserve the aesthetic qualities of those border- ing properties through: the promotion of coordinated lot development in the U.S. 31 Overlay Zone; the establishment of basic standards for structures constructed on the prop- erties within the U.S. 31 Overlay Zone which permit innova- tive site designs and at the same time encourage efficient land usage; and, the establishment of lot development stan- dards which will encourage substantial capital investments for the development of those properties. U.S. 31 Overlay Zone Boundaries. The boundaries of the U.S. 31 Overlay Zone are hereby established as shown on the Zoning Map. The U.S. 31 Overlay Zone generally includes an area of six hundred (600) feet on either side of the right-of-way for United States Highway 31 in Clay Township, Hamilton County, Indiana, extending from the North right- of-way line of 96th Street to the South right-of-way line of 146th Street. Definitions Peculiar to this Overlay Zone. EFFECTIVE DATE - ~>~/-~/ , 1980, the date this Ordinance deali~g~with the U.S. Highway 31 Overlay Zone was passed and became effective. FRONT YARD - That side of a lot, including any corner lot, which is closest to the right-of-way of United States Highway 31. GREENBELT - That portion of the front yard of the lot which is immediately adjacent and parallel to the right-of- way line of U.S. 31 having a minimum depth of thirty (30) feet. LOT - Any number of contiguous lots or portions thereof, not separated by a street or public way upon which 23.01-4 23.01 -5 23.01-6 one or more main structures for a single use are erected or are to be erected in this Overlay Zone. UNDERSIZED LOT - A lot recorded prior to the effective date of this Ordinance which is less than 217,800 square feet (5 acres) in overall size and/or narrower than one-half (1/2) the depth of the lot. Plan Commission Approval. The Plan Commission shall approve the development plan for any proposed improvement- in the U.S. Highway 31 Overlay Zone. Plan Commission approval of the architectural design, landscaping, parking, signage, lighting and access to the property shall be necessary prior to: (i) the establishment of any use of land; (ii) the issuance of any improvement location permit; or (iii) the erection, reconstruction or structural altera- tion of any building(s) in the U.S. 31 Overlay Zone. The Plan Commission, in reviewing 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 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. Internal site circulation; 9. Special and general easements for public or private use; 10. On-site and off-site surface and subsurface storm and water drainage; 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; and 14. Protective restrictions and/or covenants. 15. Provision for adequate and acceptable setbacks, screening, and compatibility with existing platted residential uses. 16. Effects any proposed project may have on the entire Overlay Zone. Permitted Uses. All uses which are permitted in the under- lying zoning district(s), except the uses expressly excluded by Section 23.01-7, are permitted in the U.S. 31 Overlay Zone. Special Uses. Ail special uses which are permitted (upon obtaining a special use authorization from the Board) in 23.01 -7 23.01 -8 23.01-9 the underlying zoning district(s), except the uses expressly excluded by Section 23.01-7, are permitted in the U.S. 3t Overlay Zone. Excluded Uses. Auction room; automobile/mobile home sales; automobile service station; automobile/truck repair; auto parts/tire center; billiard parlor; boarding house; boat sales; bowling alley; carnivals, fairs, circuses, etc.; car wash; cemetery; cold storage locker; farm implement sales; fuel or ice sales; grain elevator; helicopter/airplane facilities; industrial uses-heavy; junk yard/salvage yard; kennel; laundry/dry cleaning plant; lumber/building mate- rials; machinery/equipment sales; mineral extraction, borrow pit, etc.; mobile home court; mobile home, temporary uses; motor bus/railroad passenger station; outdoor theater; photo pick-up station; race track; radio/televi- sion transmission tower; raising and breeding of non-farm fowl and animals; recreational vehicle sales; riding stable; roadside sales stand; sanitary landfill/refuse dump; sheet metal shop; storage, commercial warehouse; transportation facilities related to industry; veterinary hospital with kennel; welding shop. Accessory Buildings and Uses. Ail accessory buildings and uses which are permitted in the underlying zoning dis- trict(s), except that any detached accessory building on any lot shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Minimum Lot Size. Ail lots in the U.S. 31 Overlay Zone shall contain a minimum area of 217,800 square feet (5 acres). However, if a lot was recorded prior to 1980 ("Effective Date"), and said lot does not contain the minimum area required by this section, said lot ("Undersized Lot") may be used for any use permitted in the U.S. 31 Overlay Zone provided that: (a) at the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the require- ments for minimum lot size then in effect for a lot in the underlying zoning district(s); (b) the owner of the Undersized Lot must include, up to the minimum lot size, any adjoining vacant land (not sepa- rated by a street or public way) owned on or before the effective date or at the time of application which, if combined with the Undersized Lot, would create a lot which conforms to the minimum lot size requirements of this section; and (c) all other applicable regulations of the U.S. Overlay Zone can be met. 3 23.01-10 Height and Area Requirements. 23.0t-10.1 Maximum Building Height. As specified in the under- lying zoning district(s), except as follows: (a) B-5 District - Ail uses, sixty (60) feet, except that the maximum height may not exceed fifty percent (50%) of the depth of the front yard. (For purposes of this computation only, where access to the lot is by a frontage road which is between the lot and U.S. 31, the roadway width of such frontage or access road shall be added to the depth of the front yard.) (b) B-6 District - Ail uses, one hundred twenty (120) feet, except that the maximum height may not exceed the depth of the front yard. (For purposes of this computation only, where access to the lot is by a frontage road or similar access road which is between the lot and U.S. 31, the roadway width of such frontage or access road shall be added to the depth of the front yard.) 23.01-10.2 Minimum Building Height. Ail uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. 23.01-10.3 Minimum Front Yard. Ail uses, ninety (90) feet. 23.01-10.4 Minimum Side Yard. Ail uses, forty-five (45) feet. 23.01-10.5 Minimum Rear Yard. Ail uses, forty-five (45) feet. 23.01-10.6 Minimum Aggregate of Side Yard. Ail uses, ninety (90) feet. 23.01-10.7 Minimum Lot Width. For all uses, the lot width shall equal or exceed that amount which is one-half (1/2) the depth of the lot. However, if a lot was recorded prior to , 1980 ("Effective Date"), and said lot does not meet the minimum lot width require- ments of this section, said lot ("Undersized Lot") may be used for any use permitted in the UoS. 31 Overlay Zone provided: (a) At the time of the recordation of the Undersized 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); 4 23.01-10.8 23.01-10.9 23.01-11 (b) The owner of the Undersized Lot must include, up to the minimum lot size, any adjoining vacant land (not separated by a street or public way) owned on or before the effective date or at the time of application 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 U.S. 31 Overlay Zone can be met. Minimum Gross Floor Area. Ail buildings shall have a minimum of fifteen thousand (15,000) square feet of floor area, excluding the floor area of any basement or any accessory building(s). Assessory buildings shall not be used in the computation of floor area. Acces- sory buildings permitted need not meet the minimum floor area requirement. Maximum Lot Coverage. Ail uses, (a) If all building(s) on the lot contain an aggre- gate gross floor area of less than twenty-five thousand (25,000) square feet, thirty-five percent (35%) of the lot; (b) If all building(s) on the lot contain an aggre- gate gross floor area of between twenty-five thousand (25,000) square feet and seventy-four thousand nine hundred ninety-nine (74,999) square feet, forty-five percent (45%) of the lot; (c) If all building(s) on the lot contain an aggre- gate gross floor area of between seventy-five thousand (75,000) square feet and one hundred fifty thousand (150,000) square feet, fifty-five percent (55%) of the lot; and (d) If all building(s) on the lot contain an aggre- gate gross floor area in excess of one hundred fifty thousand (150,000) square feet, sixty-five percent (65%) of the lot. Architectural Design Requirements. In reviewing the archi- tectural design of building(s) proposed to be built in the U.S. 31 Overlay Zone, factors to be considered by the Com- mission shall include but are not limited to: 1. Scale and proportion; 2. Suitability of building materials; 3. Design in relation to surrounding buildings; 23.01-12 23.01 -12.1 23.01-12.2 4. Design in relation to topography of the site; 5. Design in relation to proposed landscaping~ and 6. Aesthetics of the proposed building, including color. Landscaping Requirements° 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, signs, lighting standards, 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 coordinated part of the landscape plan for the entire lot. Areas to be Landscaped. (a) Greenbelt. The Greenbelt shall be suitably landscaped (see Section 23.01-12.3) and shall be other- wise unoccupied except for steps, walks, terraces, driveways, lighting standards, signs, and other similar structures (excluding a private parking area). Mound- ing and other innovative treatments are to be espe- cially encouraged in this area. (b) Planting Adjacent to Buildings. A planting "area" equal to an area measuring twenty-five (25) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed at the front of the building. A planting "area" equal to an area ten (10) feet in depth by the remaining sides of the building shall be installed on all other sides of the building(s). Side- walks may be permitted in these areas, but shall not occupy the entire area on any side of the building(s) [see Section 23.01-12.3(b)]. If an approach driveway cuts into a planting area adjacent to the building, additional planting area equal to the area displaced by the driveway shall be added to the building perimeter planting. These adjacent planting areas need not be rectangular in shape as long as the required amount of 6 23.01-1 2.3 space is landscaped, and innovative and original designs are encouraged. (c) Peripheral Planting. There shall be a peri- pheral landscaping strip, four (4) feet in depth, located along the side of any private parking area which abuts any side or rear property line. At least one tree for each fifty (50) lineal feet shall be planted in any such peripheral landscaping strip. (d) Planting Within Parking Lots. Ail parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less than five percent (5%) of a private parking lot shall be landscaped. (For purposes of this computation, landscaping in the Greenbelt, adjacent to the build- ing(s) and on the periphery of the lot shall not be included.) (e) Minimum Total Landscaping Required. Inclusive of the Greenbelt, the planting adjacent to the build- ing(s), the peripheral planting, and the planting with- in parking lots, a minimum of fifteen percent (15%) of the lot shall be landscaped at the ground level. Landscaping Standards. (a) The interior dimensions, specifications and design of any planting area or planting median 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 and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc. (c) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges, and other planting material may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping. 7 (d) Ail shade trees proposed to be used in accor- dance with any landscaping plan shall be a minimum of eight to ten feet in overall height and have a minimum trunk diameter, twelve (12) inches above the ground of two to two and one-half (2-2-1/2) inches upon planting. They should be of a variety which will attain an average mature spread greater than twenty (20) feet. (e) Landscaping materials selected should be appro- priate to local growing and climatic conditions. Wherever appropriate, existing trees should be con- served and integrated into the landscaping plan. 23.01-12.4 Landscaping Installation and Maintenance. (a) Installation. Ail landscaping required by the approved 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 mainte- nance of the landscaping, in accordance with the stan- dards set by this Ordinance and as 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 Plan Commission, Building Commissioner, or their duly appointed representative, shall have the authority to visit any lot within the U.S. 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23.01-13 Parking Requirements. Parking is to be discouraged between the Greenbelt and the building(s) when other suitable areas for parking exist on the property; however, private parking may be permitted in the area between the Greenbelt and the planting adjacent to the building(s) and the planting on the periphery of the property. Efforts to break up large expanses of pavement are to be encouraged by the inter- spercing of appropriate planting areas wherever possible. 8 23.01-14. 23.01-15 The number of parking spaces required are as established elsewhere in this Ordinance, depending upon the zoning and the intended land use. However, there shall be an appro- priate number of parking spaces, accessible to the build- ing(s) and identified as reserved for use by handicapped individuals, and these spaces shall be of sufficient width (minimum of twelve (12) feet) to accommodate their needs. Lighting Requirements. In reviewing the lighting plan for a lot proposed to be developed in the U.S. 31 Overlay Zone, factors to be considered by the Co~mission shall include but are not limited to: 1. Safety provided by the lighting. 2. Security provided by the lighting. 3. Possible light spillage or glare onto adjoining properties or streets. 4. Attractiveness of the lighting standards and their compatibility with the overall treatment of the property. 5. Height and placement of lighting standards considering the use. Access to Individual Lots. As U.S. 31 is a limited access highway, and as access to individual lots along this high- way is either not in existence or not clearly defined in many cases as of the Effective Date of this Ordinance, access roads will need to be built. In order to preserve the aesthetic benefits provided by the Greenbelt, access roads shall be provided at the rear of all lots, whenever possible. Access roads to contiguous lots shall be coordi- nated so as to form one main access road to those adjoining developments. These roads should be designed so as to funnel traffic onto major arterial roads rather than into residential areas and roads which may adjoin or be near this Overlay Zone. 23.01-16 23.01-16.1 23.01-16.2 Other Requirements. Outside Storag~ of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) or display of merchandise shall be permitted on any lot. Ail refuse shall be contained completely within the principle or accessory building(s). Loading Berth Requirements. Loading berth requirements shall be as specified in the underlying zoning dis- trict(s), except that any loading or unloading berth or bay which faces or is visible from U.S. 31 shall be screened by landscaping or other screening. 9 23.01-17 Application Procedure. 23.01-17.1 Consultation with Building Commissioner and Applica- tion. Applicants shall meet with the Building Commis- sioner to review the zoning classification of their site, obtain copies of the regulatory ordinances and materials, if necessary, review the procedures and examine the proposed use and development of the prop- erty. The Building Commissioner shall aid and advise the applicant in preparing his application and support- ing documents as necessary. The applicant shall submit two (2) copies of the written application form; five (5) copies of the site plan and the required informa- tion on architectural design, landscaping, parking, signage, lighting and access, as well as all necessary supporting documents and materials; along with the application fee of $250.00. 23.01-17.2 Initial Review of the Application and Supporting Docu- ments and Materials by the Building Commissioner; Sub- mission to the Commission. Following the receipt of the written application, site plan and required infor- mation, necessary supporting documents and/or mate- rials, and the application fee by the Building Commis- sioner, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted 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 com- plete and in legal compliance, it shall not be con- sidered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within thirty (30) days of the formal accept- ance of the application by the Building Commissioner, he shall formally file the application by placing it upon the agenda of the Commission, according to Com- mission rules of procedure. 23.01 -17.3 Review and Approval or Denial of the Application by the Commission. Following review of the application at a Plan Commission meeting, the Commission shall, within forty-five (45) days of said meeting, examine and review the application and shall notify the applicant 10 in writing of any further changes which are required 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 application, and if denied, shall provide the applicant with a copy of said reasons if requested. Upon approval of the application, the Commission shall inform the Building Commissioner that he may issue improvement location permits for the approved plan and inform the applicant that he may apply to the Building Commissioner for improvement location permits for the approved plan if necessary. If denied, the Commission shall so inform the applicant, in writing, and the Building Commissioner.