HomeMy WebLinkAboutZ-669-21/Gas Station Buffer Ordinance; Amends UDO
09/20/2021
Ordinance Z-669-21, Version A
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Sponsor: Councilors Nelson and Rider
ORDINANCE Z-669-21, As Amended
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
___________________________________________________
An Ordinance amending the Automobile Service Station Use-Specific Standards and Definitions
in the Unified Development Ordinance.
Synopsis:
This ordinance increases the setback distance required between the pumps and pump islands of Automobile
Service Stations and Automobile Filling Stations from residentially zoned or used property. This ordinance
also amends the Definitions in the Unified Development Ordinance.
WHEREAS, the City wishes to ensure the public health, safety and welfare of all its residents, which
includes residents of all ages who live nearby to facilities that dispense liquid petroleum-based fossil fuels to
refill vehicle tanks and canisters; and
WHEREAS, recent scientific studies have shown that the public health impact of gas station emissions
is far greater than previously understood, due to the release of emissions into the air from unburnt petroleum-
based fossil fuel that contain benzene and other harmful compounds; and
WHEREAS, there are approved pollution prevention technologies which can reduce the emissions from
unburnt petroleum-based fossil fuel that routinely occur during fuel storage and transfer, including storage tank
vapor management systems and onboard refueling vapor recovery systems; and
WHEREAS, research has shown those prevention technologies allow harmful vapors to escape and
pollute the air and that the physical separation of residences and schools from gas stations is the most effective
means to ensure public health from harmful vapors from unburnt petroleum-based fossil fuels; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text
of the unified development ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the
Carmel Unified Development 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. PZ-2021-00062 OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, July 20, 2021, it hereby adopts this
Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as amended), to read
as follows:
Section I: Amend Article 5: Development Standards, Section 5.65: US-19 Automobile Service Station Use-
Specific Standards as follows:
5.65 US-19 Automobile Service Station; Automobile Filling Station - Use-Specific Standards
These Use-Specific Standards (US) apply to the following districts:
[B1] [B2] [B3] [B6] [B8] [I1]
A. Standards:
1. Setbacks:
a. Principal Building: Per primary zoning district.
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Ordinance Z-669-21, Version A
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b. Pumps and pump islands: Minimum of five hundred (500) feet from residentially zoned or
used property. May not be located within required yards.
c. Vent pipes for underground storage tanks: Minimum of five (500) hundred feet from
residentially zoned or used property. May not be located within required yards.
2. Lighting:
a. Light standards may be located within the required Front Yard.
b. Light standards shall be located a minimum of thirty (30) feet from residentially zoned or
used property.
c. Intensity: Lighting shall not cause illumination beyond any residential Lot Line or road
right-of-way line in excess of 0.1 Foot-candle of light. Lighting shall not cause
illumination beyond any non-residential Lot Line or road right-of-way line in excess of 0.3
Foot-candle of light
d. Under-canopy lighting shall use full cut-off, recessed luminaires with flat lenses to
minimize glare and light trespass.
Section II: Amend Article 11 by including the following definitions:
Fossil Fuel: Liquid petroleum-based fuel or bio-fuel used mainly as an engine fuel in vehicles
and yard maintenance equipment. Includes all liquid fossil fuels and bio-fuel blends such as E90
and E85. Does not include compressed fuels such as propane, natural gas or hydrogen.
Repair Automobile or Truck: Any building, structure, improvements, or land used for full service or
specialized repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles.
Station, Automobile Filling: Any place of business with pumps and underground storage tanks,
having as its purpose the selling of motor vehicle fuels, Fossil Fuels and lubricants at retail.
Station, Automobile Service: Any place of business with or without pumps and underground storage
tanks having as its purpose the retail servicing of Motor Vehicles with Fossil Fuels and lubricants,
including oil change and lubrication, minor maintenance and inspections incidental thereto but not
including Automobile or Truck Repair May include Automobile Filling Stations.
Storage or Sale of Petroleum Products: Retail or wholesale sales and storage of Fossil fuels, fuel,
oil, or flammable liquid.
Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
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Ordinance Z-669-21, Version A
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Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor.
ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of
______________________ 2021, by a vote of _________ ayes and ________ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ____________________________________
Sue Finkam, President Kevin D. Rider, Vice-President
___________________________________ ____________________________________
Jeff Worrell Anthony Green
___________________________________ ____________________________________
Laura D. Campbell H. Bruce Kimball
___________________________________ ____________________________________
Adam Aasen Timothy Hannon
___________________________________
Miles Nelson
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2021, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2021, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
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