HomeMy WebLinkAboutZ-304 Combined W/Z-309ORDINANCE Z-304
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF THE CITY OF CARMEL, Z-~89
AS AMENDED, WHICH REI~EALS AI~ REPLACES
EXISTING SECTION 5.3t 5.::~,~ND 5.3.2
CITY OF CARM~I~~DING C 10,
1, BY ~L~SI~N OF'C~APTER
El
WHEREAS, the Carmel/Clay ] a Comprehen~ve Plan
as required by statute; and ~
WHEREAS, pursuant~C, i in order to secure ade~ate li~g,
air, convenience of acces~d~ , from fire, flood, and other dam~e;se~or
convenie~e an~:m~lf~e; and ~~
WH~REAS~he~ar~I/Clay Plall ~mmis~s det~~t~e in the
best inte;;~t of t~ng Ordinance to a~end/ectio~.3, 5.~ 5.3.2 entitled
.~cessor~ ~,,~,W ~ ~s. X~ ~
.o~ ~o.~ ~ ,~ o~~ ~e ~.. ?c~ ~ ~e ~
Carmel, Indiana, that it approves th~es~ry ~il~ aha uses urmna~ as ~
amendment to the Carmel/Clay Zoning Ordin~ce Z-289, as amended, ane ~2~
Section 5.3, 5.3.1, and 5.3.2, entitled Accessory Building and Uses, t~ ~ ~
s'o"o s:
5.3 ACCESSORY BUILDING AND USES ~ ~ ~ '
uses and structures are permitted ~der ~ follo~ conditions:
~.~.~ ,~c~sor~ ~ ~t~ ~s
{~, ~e~ ~o ~o{ ~,~er o~ ~e ~~.e ~re~'~ :
(2) they are on the same property~r~l structure to which they are
accessory;
(3) they are not attached to the principal structure, with the exception of an
allowable uniform and continuous roof supported by customary supports
or ]oists, and no other connection or attachment between the structure
exists;
(4) they are not erected prior to the erection of the principal building;
(5) they do not exceed eighteen (18) feet in height;
(6) when detached from the principal building, they are set back seventy-five
(75) feet or more from the front lot line. Corner lots and through lots are
exempt from this paragraph 6;
(7) when closer than ten (10) feet to a main building, they shall be
considered as part of the main building and shall be provided with the
side and rear yards required for the main building; and
(8) when more than ten (10) feet from a main building, they may be erected
within five (5) feet, or easement plus three (3) feet, or a side or rear lot
line, but not within any easement.
5.3.2 A private swimming pool may be permitted as an accessory use, but shall be
located only within the side or rear yard. No swimming pool or its deck shall be closer
than ten (10) feet to the property line. For purposes of safety, the following shall
apply:
(1) walls, fences or barrier landscaping deemed to be of sufficient magnitude
to provide a complete field around the swimming pool, irrespective of
height, when used in combination with a safety pool cover of which:
a. there is a continuous connection between the cover and the deck,
so as to prohibit access to the pool when the cover is completely
drawn over the pool;
b. it is mechanically operated by key or key and switch such that the
cover cannot be drawn upon or retracted without the use of a key;
c. it is capable of supporting a four hundred pound imposed load upon
a completely drawn cover;
d. it is installed with a track, rollers, rails or guides; and
e. bears an identification tag indicating the name ofthe manufacturer,
name of the installer, installation date, and applicable safety
standards, if any; [AMENDED BY Z-261 & Z-272]
(2) or, walls or fencing which are at least five (5) feet tall and deemed to be
impenetrable by the enforcing authority, except for areas of doors or
latching gates, both of which must be capable of being locked.
This zoning ordinance shall be referred to and known as the Accessory Building
and Uses Ordinance for Carmel/Clay Township, Hamilton County, Indiana, and it
replaces the existing Section 5.3, 5.3.1, 5.3.2.
This Ordinance shall be in full force and effect from and after its passage.
of
Passed by the Common Council of the City of Carmel, Indiana, this , 1995.
day
Attestation:
Presiding Officer
Clerk-Treasurer
Approved:
Attestation:
Mayor
Clerk-Treasurer
~N ORDZI, H%NOE OF ~HE COMMON COUNCIL OF THE
CZ~Y OF CARMEL; XNDZANA, ~%...N.ENDIN~CH~PTER Z0,
F,I~I'T~ED &CCES$ORY BU~LDZNG ~ USBS
WHERF~AS, the Ca,mci/clay Plan commission established a
Comprehensive Plan as required by statute; and
W~EREAS~ pursuant to I.¢. 36-7-4-601, in order to secure
adequate lightlng, air, convenience of access, and safety from
fire, flood, and other damage; lessen avoid congestion in public
way; promote the public health, safety, comfort, morals,
convenience and general welfare; and
WHEREAS, the Carmel/Clay Plan Commission has determined that
it be in the best interest of the Zoning orainanoe to amend
Section 5.3, 5.3.1 and 5.3.2 ~ntitled Accessory Building and
Uses.
NOW, THEREFORE, BE IT ORDAINED BY TH~ C0~/~ON COUNCIL OF THE
~ITY OF CARMEL, INDIANA, that it approves the Accessory Building
and Uses Ordinance as an amendment to the Carmel/Clay Zoning
Ordinance Z-289, as amenderS, and amends Sec%ion §.3, ~.3.1, and
5.3.2, entltled Accessory Building and Uses, to the Carmel Clay
Zoning Ordinance to read as follows:
5,~ ACCESSORY BUILDI~GAND USES
5.3.1 Accessory u~es and structures are permitted under the
following condit~ons:
(1) They do not alter or change th~ character of the
premises;
(2) They are on the sa~e property as the principal
structure to which they are accessory;
(3) They are not attached to the principal structure,
w~th the exception of an allowable uniforman~
continuous roof supported by customary supports or
Joists, and no other connection or attachment between
the structures exists;
(4) They are not erected prior to the erection of the
principal building;
~0 '~] 9L~ ~LL LI2 'ON )~t S~t~A8 NO.OD ~:~ i'lO~l
(5) They do not exceed eightee~ (18) feet in height;
(6) When detached from the principal b~llding, they are set
back meventy-five (75) feet or more from the front lot line.
Corner lots an4 through lots are exempt from this paragraph
6.
(7) When closer than ten (i0) feet to a main buildlng, they
~hall be considered a~ part of the ma~n building an~ Shall
be provided with tl~e side and rear yards requlre~ for the
main building; and
(8) When more than ten (10) feet from a main building, they
may be erected within five (5) fe~t, or easeqnent ~lus three
(3) feet, or a side or rear lot lxne, but no'within any
easement.
5.3.2 A private swimming pool may be permitted as an accessory
Use, but shall be located only within the side er rear yard. No
~wimming pool or its deck shall be closer than ten (10) feet to
the property line. For purposes for safety, the following shall
apply:
(l) walls or fencing deemed to be impenetrable by the
enforcing authority, that is not less than five (5)
feet high completely surroundi~g the swimming pool and
the deck area with exception of self-closing and
latohlng gates and doors, both capable of being locked;
(2) other means not less than five (5) feet high and
deemed ~mpenet~able by the enforcing authority at the
time of c~nst~uction and complete%y surround%ng the
pool and Geck area when the pool is not used, and
(3) a combination of sub~ivi~ions (i) through (2) that
completely surrounds the pool and deck with the
exception of ~elf-closing and latching gates and doors
which are capable of being locked; and
(4) in conjunction wi.th (1), (~), or (3) a safety pool
cover may be Used provided that:
A. there is a continuous connection between
the Cover and the deck, so as to prohibit
aoces~ to the pool when the cover is
completely drawn over the pool;
B. it i~ mechanically operated by key or key
and switch such that the ~Over cannot be
drawn upon or ret3~acted without the use of a
key;
£d '~] ~L~ ~LL L~ 'ON 2~ S~{~G NOd~09 3~:9~ NOU 96-~,-N~1.~
hundred pound imposed load upon a completely
drawn cover;
D. it is installed with a track, rollers,
rails or guides; and
E. bears an identification tag indicating
the name of the manufacturer, name of the
installer, installation aate, and applicable
safety standards, if any. A~ENDED BY Z-261 &
Z-272.
This zoning or4inance shall be referred to and known as the
~cc~ory Building and U~es Ordinance for Carmel/C~ay Township,
ami/ton county, Indiana and it replaces the existing Section
5.~, ~.3.1~ and 5.3.2.
CO~MON COUNCIL FOR THE CITY OF
CARMEL, INDIANA
ATTESTATION:
By:
Presiding Officer
Susan Jones,'~lerk-~reasurer
City of Carmel
Date:__
ATTESTATION:
APPROVED:
By:
Ted JohnSon, Mayo~
city of Carmel
Susan J~nes, ~lerk-Treas~rer
City of carmel
PROPOSED AMENDMENTS
Ordinance Z 304
change 5.3.2 (1) to read as follows:
"walls, fences or barrier landscaping deemed to be of sufficient
magnitude to provide a complete field around the swimming pool,
irrespective of height; when used in Combination with a safety
pool cover which [here include A. ~ E. as currently written under
(4)]
OR
walls or fencing which are at least 5 feet tall and deemed to be
impenetrable by the enforcing authority, except for areas of
doors or latching gates, both of which must be capable of being
locked."
T Story
(O) 876-1711 X 123
(H) 846-5521