HomeMy WebLinkAboutZ-486-06 As Amended Street Layout/ Design Standards
Sponsor: Councilor Rallerroann
ORDINANCE Z-486-06
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Updating a Variety of Provisions of the Carmel Zoning and Subdivision Control
Ordinances
WHEREAS, pursuant to the Advisory Planning Law ofthe State ofIndiana (contained in
IC 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 6fCarmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
Ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
amend the text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-701 the Common Council is authorized to
amend the text of the Subdivision Control Ordinance; and
WHEREAS, pursuant to Indiana Code 36-7 -4-61 0 and City of Carmel Ordinance No. D-
1600-02, the Carmel Zoning and Subdivision Control Ordinances are 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 and IC 36-7-4-700 et seq. and after Docket No.
05120002 OA having received a favorable recommendation from the Carmel Advisory Plan
. Commission on Tuesday, January 17,2006, it hereby adopts this Ordinance to amend the Carmel
Zoning Ordinance (Ordinance No. Z-289, as amended) and the Carmel Subdivision Control
Ordinance (Ordinance No. Z-160), as amended, to read as follows:
Section I:
SCO CHAPTER 6: STANDARDS OF DESIGN
a. Amend Section 6.03.20 (Private Streets - Street Layout and Design Standards) to read:
6.03 Street Lavout and Desi!!n Standards. .
6.03.20 There shall be no private streets platted in any residential subdivision and every residential
subdivided property shall be served from a publicly dedicated street Streets in commercial or
industrial subdivisions shall be reviewed so that proper provisions are made for maintenance and
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access. A petition for public dedication of private streets at some future time shall not be granted
until said streets are upgraded to the then-current specifications and standards for like public
streets, with the upgrading cost to be borne by the petitioners. A waiver to allow private streets
shall be considered only if the following criteria are met:
1. Street must offer no feasible "through" links for the surrounding transportation network
and function as a local street.
2. Street may not utilize hammerhead street designs.
3. Street can not obstruct any future connections identified on the Thoroughfare Plan.
4. Auxiliary lanes (acceleration / deceleration lanes and passing blister) must be provided at
the entrance to the street.
5. All interior street improvements must be designed and installed according to City
standards; including right-of-way width, storm drainage, curb and gutter, pavement
widths, sub-surface drains, sidewalks, and driveway cuts.
6. A demonstrated financial guarantee that the home owners' association will budget for the
maintenance and upke~p of all street improvements.
7. All adjacent pedestrian path stubs must connect. Pedestrian paths must be dedicated or
platted in easements to allow public ingress/egress
8. The following condition of approval is required for any waiver request to pennit a private
street:
9. If and when the City is petitioned to take over the private street, said street must be
improved to the current governing City standards as detennined by the City Engineer
prior to acceptance. All required improvements to be at the home owners' association's
expense unless otherwise waived by majority passage of a resolution of the Carmel City
Council.
b. Add Section 6.03.26 (Gates - Street Layout and Design Standards) as follows:
6.03.26 Gates. Gates to private streets shall be pennitted only when the following criteria are met:
1. Public pedestrian and bike access to & through the site must be provided without
obstruction.
2. Minimum of 60 feet of stacking area shall be provided outside the gate. Stacking area
can not be within the Thoroughfare Plan right of way.
3. Turnaround area with adequate turning radius must be provided (the design vehicle for
the turnaround area should be a passenger vehicle.) Turnaround and gate must be located
outside of the Thorpughfare Plan right-of-way.
4. School bus pick-up area must be provided.
5. Gate and associated structures must be of high quality materials and construction.
6. Walls or other enclosures must be landscaped and designed with human-scale articulation
along their exterior perimeters.
7. Perimeter wall height shall be as approved by the Commission.
8. Emergency response access to the development must be provided and approved by all
City public safety departments.
9. Access to other City or County departments must be provided for official business,
including, but not limited to building inspections, code enforcement inspections and
iruipections for tax assessment purposes.
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10. Gates must have no overhead obstructions.
11. Power must be supplied to the gates at all times.
12. Under no circumstances shall gated entties be permitted in lbe area between US 31 -
Meridian Street and SR 431 - Keystone Avenue.
c. Add Section 6.03.27 (Walls - Street Layout and Design Standards) as follows:
6.03.27 Walls. Subdivision entry and perimeter walls are permitted; however, no wall or fence which
abuts an arterial, parkway or collector roadway shall be constructed primarily of wood. All walls
abutting arterial, parkway or collector roadways shall be reviewed and approved by the
Commission.
SCO CHAPTER 9: PLAT CERTIFICATES, DEED OF DEDICATION
d. Amend Section 9.01: Commission's Certificate to read:
9.01 Commission's Certificate.
The following certificate shall appear on every final plat:
UNDER AUTHORITY PROVIDED BY INDIANA CODE 36-7-4-710 AND ORDINANCES ADOPTED
BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS PLAT WAS GIVEN
APPROVAL BY THE CITY OF CARMEL, AS FOLLOWS:
Granted Administrative approval by the Department of Community Services pursuant to Article Xi
of the Carmel Plan Commission's Rules of Procedure on ,200_.
CARMEL PLAN COMMISSION
BY: (Name) , Director
DEPARTMENT OF COMMUNITY SERVICES
Carmei, indiana
(SEAL)
e. Amend Section 9.03: Board of Public Works and Safety Certificate to read:
9.03 Board of Public Works and Safety Certificate.
The following certificate shall appear on every final plat for a subdivision lbat is located wholly or partially
within the corporate limits of the City of Carmel, Indiana, at the time of final plat approval by the Carmel
Plan Commission: .
THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF PUBLIC WORKS AND SAFETY OF
THE CITY OF CARMEL, INDIANA, AT A MEETING HELD:
,200 .
(Name), Mayor
(Name), Member
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(Name), Member
(Name), Clerk Treasurer
f. Amend Section 9.04: Board ofCounly Commissioners Certificate to read:
9.04 Board of County Commissioners Certificate.
The following certificate shall appear on every final plat for a subdivision that is located wholly or partially
outside the corporate limits of the City of Carmel, Indiana, at the time of fmal plat approval by the Carmel
Plan Conunission.
UNDER AUTHORITY PROVIDED BY CHAPTER 47, ACTS OF 1951, ENACTED BY THE
GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY
THERETO, THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF COUNTY
COMMISSIONERS OF HAMILTON COUNTY, INDIANA, AT A MEETING HELD:
,200_.
BOARD OF COMMISSIONERS OF HAMILTON
COUNTY, INDIANA
(Name) President (Name) Member
ATTEST;
(Name) Member
(Name) Hamilton County, Auditor
(SEAL)
ZO CHAPTER 3: DEFINITIONS
g. Add definitions to Section 3.07: Definitions to read:
SIGN, PERMANENT.
1. A sign that is intended to be erected for more than I year, other than a Subdivision
Construction Sign.
2. A sign that in fact has been in place for more than I year. In situations where a sign has
been in place for more than I year, the property owner is entitled to a single renewal of
the yearly temporary sign permit. Upon expiration of that renewal, the property owner
must submit an application for a permanent sign and must adhere to the ordinances
applied to permanent signs.
SIGN, TEMPORARY.
1. A Subdivision Construction Sign and a sign that is intended to be erected for a specified
amount of time that is less than I year. The duration must be specified in the
application.
2. A sign that in fact is erected for less than a year.
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h. Amend the following definition(s) in Section 3.07: Definitions to read:
SIGN, PROJECTING, A sign attached to and supported by a building and which extends out at any angle
therefrom. This type of sign shall be permined in Old Town Carmel and within the Carmel Drive
- Range Line Road Overlay only and shall be limited to twenty (20) square feet maximum Sign
Area.
ZO CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY
l. Amend Section 23F.13: Sign age to read:
23F.13 Signage.
23F.13.01
Prohibited signs:
A. Ground Signs
B. All other signs specified in Section 25.07,01-4: Prohibited S(gns.
23F.13.02 Wall signs are allowed provided that they fit within the horizontal and vertical
elements of the building and not obscure details of the building, No sign shall be
allowed to extend above the cornice line of a building, Size shall be determined by
Sign Chart A of Section 25.07: Sign Ordinance.
23F.13.03 In cases where Wall Signs are located less than five feet (5') from a right-of-way
line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way
for purposes of applying Sign Chart A to determine the allowable sign area.
23F,13,04 Projecting Signs are allowed for, new or existing buildings which comply with
setback, orientation and height requirements, as specified in Sections 23F.05, 23F.06
and 23F.07 of this Chapter.
ZO CHAPTER 25: ADDITIONAL USE REGULATIONS
j. Amend Section 25. 01. 01. (C)(8(a): to read:
8. Private Swimming: Pool.
a. Minimum Side and Rear Yard Setbacks. A swimming pool or its deck shall be set back a
minimum of the greater of the following:
i. Ten (10) feet from the Side and/or Rear Lot Line or
II. the Minimum Side and/or Rear Setback for the district.
k. Amend Section 25.02.01 (fence section) to read:
25.02,01 On residentially used or zoned lots of less than two acres, fences located within any required front
yard shall not exceed forty-two (42) inches in height, as measured from the topmost point thereof
to the ground adjacent to the fence. At least twenty-five percent (25%) of its area shall be open as
viewed on any line perpendicular to the vertical plane of the fence. Such open spaces must be
reasonably dispersed throughout the entire area of the fence, except where solid stone or brick
walls are permitted. No primarily wooden fences shall be constructed within any required front
yard adjacent to any arterial, parkway or collector roadway (see also Subdivision Control
Ordinance Section. 6,03.27),
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ZO CHAPTER 25.07: SIGN ORDINANCE
I. Amend Section 25.07.01-04: Prohibited Signs to read:
25.07.01-04
Prohibited Sie:ns.
The following types of signs are prohibited:
a) Signs which contain statements, words, or pictures of an obscene, indecent, or
immoral character, such as will offend public morals or decency.
b) Signs which contain or are in imitation of an official traffic sign or si&,'nal or contain
the words "stop", "slow", IIcautiontl, "danger", "warning" or similar words, unless
pennitted in another section of this Ordinance.
c) Signs which are of a size, location, movement,. content, coloring, or marmer of
illumination which may be confused with or construed as a traffic or street sign or
signal.
d) Signs which advertise an activity, business, project or service no longer conducted
on the premises upon which the sign is located.
e) Signs which move by design or have a major moving part.
f) Signs consisting of banners, posters, pennants, ribbons, streamers, strings of light
bulbs, spinners or similar devices, unless they are pennitted specifically by other
sections of this Ordinance.
g) Signs which swing or otherwise noticeably move as a result of wind pressure
because of the manner of their suspension or attachment and whose movement can
be construed as dangerous by the Administrator.
h) Signs which are located in such a manner as to obstruct the view ofthe intersection
of a street or highway with a railroad crossing.
i) Signs which are located upon, over, or in any street or highway right-of-way,
except for official highway signs.
j) Portable signs which are portable or moveable, except as pennitted under
provisions of this section.
k) Signs which are established on trees, utility poles and fences.
I) Signs which advertise goods, products, services or facilities or direct persons to a
different location (or to a telephone number at a different location) from where the
sign is installed. (Off-premise signs require a Developmental Standards Variance
from the Board.)
m) Suspended Signs and Projecting Signs, except in Old Town Carmel and the Carmel
Drive - Range Line Road Overlay Zone.
n) Signs which are not included under the types of signs pennitted in this Ordinance.
0) Lighter than air advertising devices.
p) Roof Signs on residences which have been converted to office, business and/or
manufacturing uses.
q) It shall be prohibited to park or use a vehicle in such a way as to function as a sign,
defmed to include the parking of any vehicle, trailer or similar movable structure
containing or supporting any signage between the right-of-way line and any public
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street and the greater of two distances: forward of the Front Line of Building of the
Principal Building or one hundred-fifty (ISO) feet from the public right-of-way,
with the exception of:
(i) Vehicles actively involved in construction on or serving of the site;
(ii) Vehicles delivering products to the site in designated loading areas;
(iii) Vehicles parked in designated truck parking areas of a development that
have been screened from or are not generally visible from the public right-
of-way;
(iv) Vehicles parked on sites where parking is not available one hundred-fifty
(ISO) feet or more from the public right-of-way. In such cases, vehicles
supporting signage shall be located as far as possible from the public
right-of-way, subject to determination by the Director.
(v) Passenger vehicles, pick-up trucks, and vans of a size that can fully fit
within a standard parking space, containing signs painted on or
pennanently affixed on the doors or integral body panels that do not
exceed sixteen (16) square feet in area.
m. Amend Section 25.07.02-13: Old Town Carmel to read:
25,07.02-13 Old Town Carmel.
This section applies to all commercial uses located on properties zoned B-1, B-2, B-3. B-5,
B-6, B-7, B-8. M-l, M-3, (or subsequently created business or manufacturing zone). (and
additionally situated in) Old Town Carmel, as determined by the boundaries of the Old
Town District Overlay Zone. Said commercial uses may utilize the signage requirements in
Sections 25.07.02-08 through 25.07.02-12 of this Ordinance.
a) SIGN CLASSIFICATION: Suspended Sign; Projecting Sign or Porch Sign. (Only
in Old Town Carmel and the Carmel Drive - Range Line Road Overlay are these
types of signs permitted.)
b) NUMBER & TYPE: One (I) Identification Sign per business in a Single-tenant
Building or a Multi-tenant Ground Floor Building. One (I) Building Identification
Sign per Multi-renant Ground Floor Building or Multi-tenant Multi-level Building
is permitted if seven (7) or more businesses occupy the same building. In no
instance shall any building or Multi-tenant Building Complex have more than one
(I) 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 (I),
Ground Identification Sign.
c) 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.
d) MAXIMUM HEIGHT OF GROUND SIGN (Suspended): Eight (8) feet.
e) 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
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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.
f) 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.
g) COPY: As per defmition ofIdentification Sign.
h) ILLUMINATION: Permitted.
i) LANDSCAPING: Optional.
j) REQUIRED APPROVALS: ADLS approval is required for all pennanent signs
that are established in a Zoning Disttict and/or Overlay Zone requiring ADLS
approval.
k) SIGN PERMIT: Required.
1) FEES: Required.
n. Amend Section 25.07.03-01: Subdivision Construction Signs to read:
25.07.03-01 Subdivision Construction Sil!us.
a) SIGN CLASSIFICATION: Ground Sign.
b) NUMBER & TYPE: One (I) sign per entrance.
c) MAXIMUM SIGN AREA: Thirty-two (32) square feet per sign.
d) MAXIMUM HEIGHT OF GROUND SIGN: Eight (8) feet.
e) LOCATION: At entrance to subdivision; sign shall not interfere with Vision
Clearance and shall be a minimum of ten (10) feet from the street right-of-way,
except when located on a comer lot, as for Vision Clearance on Corner Lots (see
Section 3.07: Definitions, in Zoning Regulations).
f) DESIGN: No restrictions.
g) COPY: No restrictions.
h) ILLUMINATION: Not permitted.
i) LANDSCAPING: Not required.
j) REQUIRED AFPROV AL: None.
k) SIGN PERMIT: Required.
I) FEES: Required.
m) TIME:
I) Subdivision Construction Signs may be established after, but not before
final approval of subdivision plans and may be in addition to any pennanent
Subdivision Sign permitted by the terms oflhis Ordinance.
2) Signs may remain until the number oflots remain for sale is less than:
i) two (2) in platted subdivisions containing 2-49 total lots.
ii) five (5) in platted subdivisions containing 50-99 total lots.
iii) ten (10) in platted subdivisions containing 100-199 total lots.
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iv) twenty-five (25) in platted subdivisions containing 200-499 total
lots.
v) five percent (5%) of platted lots in subdivisions containing 500
or more lots.
3) Permit renewal is subject to the determination of the Director.
o. Amend Section 25.07.03-03: Real Estate Signs to read:
25.07.03-03 Real Estate Sil!ns.
a) SIGN CLASSIFICA nON: Ground Sign.
b) NUMBER & TYPE: One (1) sign per Property Frontage. No more than two (2)
Sign Faces per sign, and the angle of separation between the faces of the sign shall
not exceed sixty degrees (600). (Refer to DIAGRAM I)
c) MAXIMUM SIGN AREA:
1) Residential zones:
i) Lot size under five (5) acres: Six (6) square feet and
ii) Lot size five (5) acres and over: Twenty (20) square feet
2) Business and Manufacturing Zones - maximum Sign Face Area (both
faces, if applicable):
i) for a lot less than ten (10) acres in area shall be twenty (20)
square feel, and
ii) for a lot located in the US Highway 31 or US Highway 421 -
Michigan Road Corridor Overlay Zones which is greater than
five (5) acres in area shall be thirty-two (32) square feel.
d) MAXIMUM HEIGHT OF GROUND SIGN:
I) Lot size under five (5) acres: Five (5) feet;
2) Lot size five (5) acres and over: Eight (8) feel.
e) LOCATION:
1) Residential Zones:
i) Signs of six (6) square feet or less: Ten (10) feet from right-of-
way;
ii) over six (6) square feet: Twenty-five (25) feet from right-of-way.
2) Business and Manufacturing Zones:
i) Signs of six (6) square feet or less: Five (5) feet from the right-
of-way;
ii) over six (6) square feet: Ten (10) feet from the right-of-way.
iii) For lots with more than one (1) street frontage, the distance
between any two (2) signs shall not be less than fifteen (15) feet
at any point; and
iv) for tllfough lots, two (2) signs may not be located in the same
half yard. (Refer to DIAGRAM 2).
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t) DESIGN: No restrictions.
g) COPY: May announce the sale, rental or lease of the premises, but shall reflect no
advertising or promotional material other than to indicate the party listing the
property for sale or lease.
h) ILLUMINATION: Not permitted.
i) LANDSCAPING: Not required.
j) REQUIRED APPROVAL: None.
k) SIGN PERMIT: Required for signs with a Sign Area over six (6) square feet.
I) TIME:
1) Residential Zones - Signs shall be removed promptly after closing, lease
or rental of the property. An OPEN HOUSE sign may be posted only
when an open house is being conducted on the premises, unless the sign
lists the dates and times of a future open house.
2) Business and Manufacturing Zones - Signs shall be removed within seven
(7) days of the sale, lease or rental of the property.
3) Multi-family Housing Complex - Once eighty percent (80%) of units are
leased, sold or occupied, Real Estate Signs are limited to either Ground
Sign, Wall Sign or Window Sign of six (6) square feet or less.
p. Amend Section 25.07.04-03: Interim Sign age Pending Permanent Sign to read:
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25.07.04-03 Interim Sil!:nal!:e Pendinl!: Permanent Sil!:n.
a) SIGN CLASSIFICATION: Banner
b) NUMBER & TYPE: One (I) banner for each approved permanent sign
c) MAXIMUM SIGN AREA: Not to exceed the area of the approved permanent
sign.
d) LOCATION: Shall be placed in the location(s) of the not yet erected permanent
signs.
e) DESIGN: As per definition of Banner
t) COPY: As per definition ofIdentification Sign
g) ILLUMINATION: Notpermitted
h) LANDSCAPING: Not required
i) REQUIRED APPROVALS: A sign permit for permanent signage is required
before an interim Banner pennit can be issued
j) SIGN PERMIT: Required for temporary interim Banner
k) FEES: Required
1) TIME: An interim Banner shall not be displayed for more than ninety (90) days
following the issuance of the temporary Banner permit. An extension of time
not to exceed ninety (90) days may be granted. Such extension request must be
made in writing. The fee for extensions is an additional interim Banner permit
fee.
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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 Z-486-06 PASSED by the Common Council of the City of Carmel, Indiana
.fI-.. A
this .,;;10 day of0~A 2006, by a vote of (e ayes and () nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
ATTEST:
~
Diana L. Cordray, IAMC, Clerk-Tr
A 85ENr
Joe Griffiths
Mark Rattermann
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fl" Ordinance Z-486-06 Presented by me to the Mayor of the City of Carmel, Indiana this
{)~ day of-1-~ 2006, at ro .'.:;,() f .M. .
~
R.
Ordinance Z-486-06 Approved by me, Mayor of the City of Carmel, Indiana, this d.O
day Of-.J.-...J.>v....~, 2006, at lo:su f .M.
\
ATTEST:
Diana L. Cordray, IAMC, Clerk- Trea
Prepared by:
John R. Molitor
Carmel Plan Connnission Attorney
One Civic Square
Cannel, IN 46032
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