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HomeMy WebLinkAboutPC meeting 01-15-02 ~ -.t CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT January 15, 2001 7i. Docket No. 160-01 OA; Amendments to the Carmel/Clay Zoning Ordinance The petitioner seeks to add new provisions and make several corrective amendments to the Zoning Ordinance. Filed by the Department of Community Services. Please refer to the information distributed last week with the tentative agenda and other informational packets. Please take time to review these amendments and call or forward any questions to the Department prior to the meeting so we may be prepared to address any questions at the meeting. This set of amendments to the Zoning Ordinance encompasses a number of unrelated topics: First, ~a would require that all projects and improvements be designed against either existing or proposed right-of-way, whichever is greater. Subsection c amends the definition of "SETBACK" to reflect this requirement. This will save Carmel/Clay and property owners unnecessary headaches in the future. Second, ~b condenses the definition of "HOME OCCUPATION." The standards currently set forth therein will be relocated to Section 25.18: Home Occupation per ~ay of this amendment. Third, ~d repeals the definition of "SERVICE STATION," which is identical to the definition of "AUTOMOBILE SERVICE STATION," and is, therefore, redundant. Fourth, ~e amends the definition of "FRONT YARD" to more accurately utilize other terms defined in the Ordinance. Fifth, ~f repeals the standards for Accessory Buildings and Uses found in the S-l/Residence and subsequently cross-referenced by each Residence district in turn. These standards are removed to Section 25.1: Accessory Buildings and Uses,' 1: Residential Districts per ~av. Subsection g, ~h, ~i, ~j, ~k, ~I, ~n, ~p, ~t, ~w, ~y, ~ab, ~ad, ~ah, ~ai, ~aj, ~ak, and ~ao have been amended to include cross-references to either Section 25.1.1: Residential Districts or Section 25.1.2: Business, Industrial, and Manufacturing Districts as appropriate. Subsection ag, ~am, and ~an adopt the cross-reference for the B-8/Business, C-l/City Center, and C-2/01d Town Districts while retaining language unique to those Sections. Subsection as and ~bb repeal language moved to Section 25.1.1 per ~av. Subsection au repeals language moved to Section 25.1.2 per ~av. Subsection be repeals language regarding setbacks on Reverse Interior Lots that becomes moot with the adoption of the amended Section 25.1. Sixth, ~m, ~o, and ~x add ADLS as a requirement for the B-lI, B-2!, and B-5/Business Districts. Seventh, ~q adds both Development Plan and ADLS requirements to the B-3/Business District. .- ., These replace the Special Use requirement, which is amended per ~r and ~s. Eighth, ~u and ~z renumber Sections 15.0.2: and 17.0.2: Minimum Tract Requirements to Sections 15.0.3 and 17.0.3, respectively. Subsection v and ~aa then utilize the vacant Section 15.0.2 and 17.0.2 as the Plan Commission Approval section. As a Planned District, both Development Plan and ADLS are presently required in the B-4/Business District; the amendment maintains parallelism between the B-4 District and the other Business Districts, and also explicitly states the ADLS requirement without need to cross-reference Chapter 24: Planned Districts to discover it. ADLS will be a new requirement for the B-6/Business District. Subsection 18.0.2 Ninth, ~ac explicitly states the currently existing Development Plan and ADLS requirements of the B-7/Business District. Tenth, ~ae and ~af switch the numbering of Sections 19.0.2: Tract Requirements and Section 19.0.3: Plan Commission Approval of the B-8/Business District in order to maintain parallelism among the construction of the Business Districts. No new requirements are adopted. Eleventh, ~al amends the C-lICity Center District to require ADLS approval for any development in the City Center Zone. Current language only requires ADLS approval in conjunction with a rezone initiated by the City of Carmel. Twelfth, ~ap, ~aq, and ~ar amend the SR 431/Keystone Avenue Overlay in order to excuse residentially zoned and used property from filing for ADLS approval. The 3D-foot bufferyard is still a requirement of all properties, though the minimum front yard for residential property is reduced to thirty (30) feet from 120'. The amendment also deals with the question of those properties on which both the US 31 and SR 431 Overlays exist, giving preference to the requirements of the US 31 Overlay. Thirteenth, ~at and ~bd repeal language moved to Section 25.19: Automobile Filling and Automobile Service Stations per ~az. Fourteenth, ~aw amends Section 25.12.1(7) in order to excuse satellite dishes 24" or less from the permitting requirement. All other standards still apply. Fifteenth, ~ax adopts setback language into Section 25.13.1 that is being removed from Section 26.2.17per ~bh. Sixteenth, ~ba amends Section 26.2.2 regarding Corner Lots, adopting language being repealed from Section 26.2.13 per ~bc. Seventeenth, ~bf addresses setback requirements for lots with access easements located on them. Finally, ~bg addresses conflicts within the Zoning Ordinance, and reformats Section 31.3. The Department recommends that the Plan Commission forward this item to the Special Studies Committee for further review and discussion. ~" I I ~ z..o fo.) 11-0) El ~ W160-C/OA U Dfl.U1NA~~ ~IS'~~MS"N~ /1/5/0<- . ~ (f \JlI bVl.<'or.l ') ,~c.u~,~) 7; A-N~ . , ~l- Yl~~ 0 ~b o P, k. ~ ~ bYE. O~"'l'h C- 'TY Ce>O~c,L - - ~~ ~ ""l - '2-.. &-o""_.....~ ~U~c:.aL ~$ $()IE~ ~ OfLh'~fta"'~ hl~~ c...E~A~1'Iat." "OIC ~ - - ?\.)~'-\c.. ~ ~"'" """ Q~ : 5VU'Fw~~1J : ... l~-rf f2.. OtoJ 1~6"" L:::. ~ "Tl> ~~-'~~ W) (,,;) City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning 15 January 2002 <:;;\I--!~~ /0. ,\y{J-L''''~ J> t:;1 ~ v- I!?! ' IE~ ~ t-J JAN 15 2002 Cj. i'1:~ DOcs ,/ From: Department of Community Services To: Common Council Re: Ordinance No. Z-366-01 Docket No. 76-01b OA Dear Council Members: Due to the fact that ninety days had passed since the Carmel/Clay Plan Commission Secretary had certified the Plan Commission's Favorable recommendation on August 30, 2001, Ordinance No. Z-366-01 became effective Wednesday, November 28, 2001. IC 36-7-4-607 (e) (3) provides that, "If the legislative body fails to act on the proposal within ninety (90) days after certification, it takes effect as if it had been adopted (as certified) ninety (90) days after certification. " As you are aware, the Department of Community Services had been working with the Land Use & Annexation Committee to amend the Ordinance for reconsideration by the Plan Commission. Due to this unusual turn of events, the Department will be asking the Plan Commission to include those revisions as part of the proposal currently before them as Docket No. 160-01 OA, and which will come before you in turn as Ordinance No. Z-369-02. If you have any questions, please feel free to contact me at (317) 571-2417. Thank you for your time and consideration. ~/ Mict/it P. Hollibaugh Director Department of Community Services Cc: file 76-01b OA Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 il. ,. ) City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning 4 January 2002 From: Department of Community Services To: Carmel/Clay Plan Commission Re: Docket Nos. 132-01 OA and 160-01 OA Patch II Dear Commission Members: What follows is a brief description of the changes encompassed in two Ordinance Amendments proposed by the Department of Community Services: Docket No. 132-01 OA: This Ordinance Amendment makes changes to two sections of the Subdivision Control Ordinance. The fIrst amends Section 6.3.6 in order to resolve a conflict with the Comprehensive Plan. The language in the Subdivision Control Ordinance requires that right-of-way and roadway widths shall conform to the 1110roughfare Plan, then cites standards that were adopted in 1980, and no longer reflect the current standards. The new language would eliminate the need to amend this Section of the Ordinance every time the Thoroughfare Plan is amended. The second amends Section 8.9: Sidewalks, re-titling it Section 8.9: Alternative Transportation, and amending the language of the Section accordingly. These changes better reflects the current standards of Carmel/Clay in terms of sidewalks, multi-use paths, and shared paths, where sidewalks alone used to be the standard. Docket No. 160-01 OA: This amendment to the Zoning Ordinance encompasses a number of unrelated topics: First, ~a would require that all projects and improvements be designed against either existing or proposed right-of-way, whichever is greater. Subsection c amends the definition of "SETBACK" to reflect this requirement. This will save Carmel/Clay and property owners unnecessary headaches in the future. Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 ~ Second, ~b condenses the definition of "HOME OCCUPATION." The standards currently set forth therein will be relocated to Section 25.18: Home Occupation per ~ay of this amendment. 'i Third, ~d repeals the definition of "SERVICE STATION," which is identical to the definition of "AUTOMOBILE SERVICE STATION," and is, therefore, redundant. F ourth, ~e amends the definition of "FRONT YARD" to more accurately utilize other terms defined in the Ordinance. Fifth, ~f repeals the standards for Accessory Buildings and Uses found in the S-l/Residence and subsequently cross-referenced by each Residence district in turn. These standards are removed to Section 25.1: Accessory Buildings and Uses; 1: Residential Districts per ~av. Subsection g, ~h, ~i, ~j, ~k, ~l, ~n, ~p, ~t, ~w, ~y, ~ab, ~ad, ~ah, ~ai, ~aj, ~ak, and ~ao have been amended to include cross-references to either Section 25.1.1: Residential Districts or Section 25.1.2: Business, Industrial, and Manufacturing Districts as appropriate. Subsection ag, ~am, and ~an adopt the cross-reference for the B-8/Business, C-l/City Center, and C-2/0Id Town Districts while retaining language unique to those Sections. Subsection as and ~bb repeal language moved to Section 25.1.1 per ~av. Subsection au repeals language moved to Section 25.1.2 per ~av. Subsection be repeals language regarding setbacks on Reverse Interior Lots that becomes moot with the adoption of the amended Section 25.1. Sixth, ~m, ~o, and ~x add ADLS as a requirement for the B-l/, B-2/, and B-5/Business Districts. Seventh, ~q adds both Development Plan and ADLS requirements to the B-3/Business District. These replace the Special Use requirement, which is amended per ~r and ~s. Eighth, ~u and ~z renumber Sections 15.0.2: and 17.0.2: Minimum Tract Requirements to Sections 15.0.3 and 17.0.3, respectively. Subsection v and ~aa then utilize the vacant Section 15.0.2 and 17.0.2 as the Plan Commission Approval section. As a Planned District, both Development Plan and ADLS are presently required in the B-4/Business District; the amendment maintains parallelism between the B-4 District and the other Business Districts, and also explicitly states the ADLS requirement without need to cross-reference Chapter 24: Planned Districts to discover it. ADLS will be a new requirement for the B-6/Business District. Subsection 18.0.2 Ninth, ~ac explicitly states the currently existing Development Plan and ADLS requirements of the B-7/Business District. Tenth, ~ae and ~af switch the numbering of Sections 19.0.2: Tract Requirements and Section 19.0.3: Plan Commission Approval of the B-8/Business District in order to maintain parallelism among the construction of the Business Districts. No new requirements are adopted. Eleventh, ~al amends the C-l/City Center District to require ADLS approval for any development in the City Center Zone. Current language only requires ADLS approval in conjunction with a rezone initiated by the City of Carmel. Page 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 .~.., i'" Twelfth, ~ap, ~aq, and ~ar amend the SR 431/Keystone Avenue Overlay in order to excuse residentially zoned and used property from filing for ADLS approval. The 30-foot bufferyard is still a requirement of all properties, though the minimum front yard for residential property is reduced to thirty (30) feet from 120'. The amendment also deals with the question of those properties on which both the US 31 and SR 431 Overlays exist, giving preference to the requirements of the US 31 Overlay. Thirteenth, ~at and ~bd repeal language moved to Section 25.19: Automobile Filling and Automobile Service Stations per ~az. Fourteenth, ~aw amends Section 25.12.1 (7) in order to excuse satellite dishes 24" or less from the permitting requirement. All other standards still apply. Fifteenth, ~ax adopts setback language into Section 25.13.1 that is being removed from Section 26.2.17 per ~bh. Sixteenth, ~ba anlends Section 26.2.2 regarding Comer Lots, adopting language being repealed from Section 26.2.13 per ~bc. Seventeenth, ~bf addresses setback requirements for lots with access easements located on them. Finally, ~bg addresses conflicts within the Zoning Ordinance, and reformats Section 31.3. Thank you for your time and consideration. sm~~ i/oiiYl. Xce M. Lillig, Jr. Planning & Zoning Administrator Department of Community Services Cc: file 132-01 OA file 160-01 OA Page 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 i Sponsor: Councilor Wayne Wilson AN ORDINANJ(:W.,1:'~' COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA (Description of the effect of the Ordinance) WHEREAS, (background statements setting forth the purpose or background of the Ordinance where appropriate) WHEREAS, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, as follows: Section I: a. Amend Section 2.9: Compliance with the Thoroughfare Plan to read: 2.9 Compliance with the Thoroughfare Plan. All projects and Improvements under the jurisdiction of this Ordinance shall conform with the terms of the Thoroughfare Plan in regard to public dedication of proper rights-of-way and in regard to setback and any other affected development standards. b. Amend Section 3.7: Definitions: HOME OCCUPATION to read: HOME OCCUPATION. An Accessory Use conducted in a Single-, Two- or Multiple-family Dwelling which is clearly incidental and secondary to the use of the Dwelling for dwelling purposes. (see also Section 25.18) I. eleady iaeieleatal a:Rel seeoaGary to the HSe ef the GwelJ..iB.g fer awelliag parposes, utiliziRg Be mere thaa fifteeB pefeeat (13%) of the tetaJ. fleer lH'ea oitae awelliBg; 2. Gees Bet eaaage the ehaFaeter of ilie w::elliag; aaa 3. ef 'lAHea there is BO iBaieatiea Hem the exterior that the wllelliRg is beiag utilized ia ",:hole er iR part for any Jlarpese etl3.er thaa a el'llelliBg a:Rd fartl3.er that: 1. the Heme OseupaU.eB is eeBaaeteel ':Alelly '::idiia the El'....elliRg, a:Ra there is Be eatsiEle Beise, eaer, smeke or vibratioa; 2. there is Be eutside stefage ef aisplay of materialsiB. eeooeetieB widi the Heme OeeHpatiea; 3. Be oBe eatsiele efthe immecliate family saall Be empleyed; 4. Be sigas other 1:I3.aB. these Bormally permittea iB. 1:I3.e elistriet iB. whisa the Home Oeeapatioa is loeate6; 5. Be eeHml:eEl~ is selel eB ilie premises other than that preJlared ea the premises; 6. the deli"lel1' af any materials far the Heme OeeupatiaH will Hat eKseed tvle trips per Gay by aft)' 'lemele Bat a...,lBed by a family member; aBd 7. the meehaBiea:l eE{uipmeBt used fer the Hame OssupatieH is eustemarily used fer demesne pl:UJ)eses ad is filf a size aBd type that is similar te demestis meehaBieal eqaipmeHt eT is eastamarily faed iB a basiBess eft.iee. .\ Hame OeeupatieH shall Bat iBelade: 1. barber shep; 2. beauty parler; 3. aBtiqae er gift shop; 4. tea reem er the serviBg ef feed ar ee"lerages; 5. aBima:l haspital ar sfilHllBersial keBBel; 6. phetegFaphie stadie; 7. aetemebile repair ether thaB vemele a\'lBed BY memBers afthe immeaiate family; 8. majar appliaBee repair er seroses; aad 9. aB.J praeessieg er maaafaeturiBg that preauses Ba)Qeus materials ar predaets. f~ Hame OeeupatiaB iBell:laes bm: is Bet limited ta the fallewiBg: 1. art stadie; 2. ar-essmakiBg; 3. effiee af aB afGhiteet, eagiBeer, daeter, deans!, lawyer er aeea1Hl.taBt; 4. effiee af a sales r-epreseatatPie; aae1 5. teaemag, iBell:ldiBg musiea:l iRstrameHts ar ciaBeiBg but limite a ta aHe pl:lpil at a time. c. Amend Section 3.7: Definitions - SETBACK, to read SETBACK. The least measured distance between a structure and the street right-of-way or proposed right-of-way as identified in the Thoroughfare Plan (whichever is greater), the Side Lot Line or the Rear Lot Line. d. Repeal Section 3.7: Definitions: SERVICE STATION. 8T.\TION, SERVICE. .\wi plllGe ae Bl:lSiBess ':lith pamps aDd 1HI.6ergrelHiel starage tanks ha'/ieg as its pl:lrpese the retail servieiBg ef mater vehieles \vith fuels aBall:lBrisaBts, iBelHEliDg miBer repairs aDd iBspeeeeBs iReideatal thereta Bm: Het inekuiiBg a geaera:l repair shep, paiRt filr beEiy shep, maehiBe saap, 'l'lHSaBi:z4fI:g shep er aay epeFatieB reEll:liriBg the remeval er iBstallatieH af a raEliator, eBgine, eylinEler heaa, eflHlkease, traBsmissieH, differeatial, feader, deer, bumper, griD, glass er ether bedy par., er my bedy repairiBg er paiBtiRg. e. Amend Section 3.7: Definitions - FRONT YARD, to read: YARD, FRONT. A yard extending across the full width of the Lot between the Building Setback Line and the and the Front Lot Line which is unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the Front Lot Line and the Building Setback Line. Any:rlle sideW of a Lot that is (are) adjacent to a the street right-of-way. f. Amend Section 5.3.1: Accessory Buildings & Uses to read as follows: 5.3 Accessory Building and Uses (See Chapter 25 for additional regulations.) 5.3.1 See also Section 25.1. f.eeessaryases aDa stmGtur-es afe peRBittea l:IBeler the fellewiBg EieaaitieBs: 1. They aa Bat alter ar ehange the ell.araeteF efthe pr-emises; 2. They are eB the same lat as the prmEiipal. strueture te vlllieh they are aeeessery; 3. They are Bet attaehea ta the priBsipal. struetl:lr-e, '.yiili the eKSeptieB ef aD allawable l:IBifarm Md eefttmaeas Feaf suppertea By eastemafY sUflperts ar jaists, anEl ae etll.er eeHBeeaaa eF attaehmeBt bet\"Ieea the strlietures e'Kists; 4. They afe aat el"eeteEl prier ta the eJ.'eetieB af the priBeipal bailEling; 5. They ae Bet exeeeEl eighteea (18) feet iD height; €i. WlteR detaehed Rem the priDeipal BaildiBg, they are set baek seveat)' Bve (75) feet ar mere Hem the HeRt let liBe. Camel" lets anEl th:feaglllots are exempt frem this pS1'6gNph 6; 7. WlteR sleser thaD teB (19) feet ta a maiB bailEiiftg, they sBalI be eeHSidered as part af the maiB eailamg aBEl shall be pre'tided wit;h the side and rear yards r-eEfHireEl far the maiD bailEiiftg; aaEl, 8. Wltea meFe thaa teB (19) feet Ham a maiB bailEliBg, they may be eJ.'eetea witlHR B-ve (5) feet, ef easemeBt plus tIl.ree (3) feet, ef a siEle er rear let liDe, bat Bet wit;hiB aay easemeBt. g. Amend Section 6.3: Accessory Buildings & Uses to read as follows: 6.3 Accessory Buildings and Uses. See also Section 25.1. (see Chspter 25 fer additioaal regulatieBs.) Same as S 1 Distriet resulatieBs af 8eetien 5.3. h. Amend Section 7.3: Accessory Buildings & Uses to read as follows: 7.3 Accessory Buildings and Uses. See also Section 25.1. (see Chspter 25 fer aElelitieaal regalatieBS. ) Same as S 1 Distriet resulatieas ef Seetien 5.3. i. Amend Section 8.3: Accessory Buildings & Uses to read as follows: 8.3 Accessory Buildings and Uses. See also Section 25.1. (see C.'1epter 25 fer additioBal regulatieH5. ) Same as S 1 Dislriet regl:llatieas af SeMen 5.3. j. Amend Section 9.3: Accessory Buildings & Uses to read as follows: 9.3 Accessory Buildings and Uses. See also Section 25.1. (see C.'1sp1er 25 fer additieaal regalatieBs. ) Same as S I Distriet regwatiens ef SeMen 5.3. k. Amend Section 10.3: Accessory Buildings & Uses to read as follows: 10.3 Accessory Buildings and Uses. See also Section 25.1. (see ChspleF 25 for aaditioaal regalatioBs.) Same as S I Distriet regalatioas of SeeH9H 5..3. 1. Amend Section 11.3: Accessory Buildings & Uses to read as follows: 11.3 Accessory Buildings and Uses. See also Section 25.1. (see ChspleF 25 for additioBal regalations. ) .^.eeessory \lses or l:laildiags e\lstomarily ad plH"ely iBeidemal to the uses allowed in this Elistriet are permitted. m. Adopt Section 12.0.2: Plan Commission Approval to read: 12.0.2 Plan Commission Aooroval. A. Development Plan. Not required. B. Architectural Desil!n. Exterior Lil!htinl!. Landscapinl! and Sil!nal!e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-1 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. n. Amend Section 12.3: Accessory Buildings & Uses to read as follows: 12.3 Accessory Buildings and Uses. ----- - - ----__ -_ ___ _ ____ _ _~~!~!~~~t___ _ _ _ ____ _ _ _ See also Section 25.1. (see ChapleT 25 fer additional .^.eeessery \lses or l:lai.Iaiags eustomari~ aad plH"ely iBeideBtal to the uses a1lo\';eEl in this distriet are permitted. o. Adopt Section 13.0.2: Plan Commission Approval to read: 13.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desil!n. Exterior Lil!htinl!. Landscapinl! and Sil!nal!e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-2 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. p. Amend Section 13.3: Accessory Buildings & Uses to read as follows: 13.3 Accessory Buildine:s and Uses. See also Section 25.1. (see ChspHH' 25 fer aliElitienal regalatieBs. ) ,^.eeessary aGes ar DailEliBgs oostemarily alia pW'el')' iIleiEleBtal to the ases alleweEl ill this aistriet are permitted. q. Adopt Section 14.0.2: Plan Commission Approval to read: 14.0.2 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Desie:n. Exterior Lie:htine:. LandscaDine: and Sie:nae:e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. r. Amend Sections 14.1: Permitted Uses to read: 14.1 Permitted Uses: NeBe Country club Golf course Multiple-family dwelling Single-.family dwelling Two-family dwelling Any Use Permitted in the B-2 District (Section 13.1) except: Commercial warehouse storage Contractors storage facility Exterminating shop Feed store Food products distributing station Grain elevator Home occupation Machine shop Power transmission line Sheet metal shop Sign shop Specialized contractor shop Welding shop . s. Amend Section 14.2: Special Uses to read: 14.2 Perm.ittes Special Uses: (See Chapter 21 for additional regulations.) CoaRtry elub Golf eourse Ma-ltiJlle family EhvelliBg SiBgle family d':.'elliBg Ty.'o family Ehyelliag .:'oflY Use Permitted iB the B 2 Distriet (Seetien ! 3.!) exeept: Commereial warehouse storage COBl:Faetors storage faeility Ex-termiBatiBg shep Feed stere Foed t'redaets sistributiBg statieB GraiB elevator Heme oeeapatioB Jewelry stere MaehiBe shep Pewer traRsmissioB liBe Sheet metal shop Siga shop Speeializes eOBtraetor shep WeldiBg shop Any Special Use permitted in the B-2 District (Section 13.2) except: Commercial sanitary laadfill or refuse dump Commercial sewage or garbage disposal plaat Junk or material aadlor salvage yard Outdoor theater Penal or correctional institution Race track Raising aad breeding of non-farm fowl and aaimals t. Amend Section 14.3: Accessory Buildings & Uses to read as follows: 14.3 Accessory Buildings and Uses. See also Section 25.1. (see Chspter 25 for additieBal reg1:l1atioBs.) ..^.eeessery ases or buildings eustomarily aas purely iBeiseBtaI to the uses allewed iB this distriGt are permitted. u. Amend Section 15.0.2: Minimum Tract Requirements to 15.0.3: Minimum Tract Requirements. v. Adopt Section 15.0.2: Plan Commission Approval to read: 15.0.2 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-4 District pursuant to the provisions of Chapter 24: Planned District Regulations prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Desilm. Exterior LiI!htin~. Landscapin~ and Si~na~e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-4 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. w. Amend Section 15.3: Accessory Buildings & Uses to read as follows: 15.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 fer aaGitieaal regulations.) f.eeesssry 1Ises er hwldings 6ustemari~' aad 13l:1fely ineiaental te the uses allewed iB this distriet are 13ermitted. x. Adopt Section 16.0.2: Plan Commission Approval to read: 16.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desi~n. Exterior Li~htin~. Landscapin~ and Si~na~e. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-S District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. y. Amend Section 16.3: Accessory Buildings & Uses to read as follows: 16.3 Accessory Buildin~s and Uses. See also Section 25.1. (see ChflfJter 25 fer additional regalatieBs. ) ..^.eeessery 1l5es and stmetufes are 13ermitted l:lBEler the follewiHg eeBditioBS: 1. de Bet alter the eharaGter ef the 13remises; 2. are en Yle same let as the prineipal stmetare te whiGk they are aeeessory; 3. are Bet attaehed ta ilie prmsipal s-traeture with the exeeptieB ef an aHo'Nable 1:1Biform and eeBtinuoas reef, sHJlperted by oostemary sappeFts er jeists aRd BO other eonneetioR or attaehmeBl: eetweeR the straetef'es; 4. Bet 6feeted prior te the ereetieR ef the priBcipallmildiBg; 5. ':men detaehed fr{lm the priBeipal baildiBg, set baek seveBty ti'le (75) feet er more from the HaBt let Hae; G. laeated in a side ar rear yard bat may Bet essHJlY mere thaR thirty pereeBl: (30%) efilie siele or rear yard; 7. "AleB eleser thaR tea (HI) feet te a maiR baillliBg shall be eoosiderea as part efilie maiR bailEliBg and shall be previeled with the side and r-ear yarcis rellwed for the maiR Bl:iildiBg; aHd 8. ,,:heB mare thaB teB (10) feet fram a maiR baileliBg may Be ereet~d within five ($) feet, er easemeBt plus 1:hFee (3) feet, of a side er Fear let liRe, bl:lt Bet v:ithiR any easemeBt or reEfliired laHdseaped ar greeabek area. z. Amend Section 17.0.2: Minimum Tract Requirements to 17.0.3: Minimum Tract Requirements. aa. Adopt Section 17.0.2: Plan Commission Approva/to read: 17.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desilm. Exterior Liehtine. Landscapine and Sienaee. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-6 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. ab. Amend Section 17.3: Accessory Buildings & Uses to read as follows: 17.3 Accessory Buildings and Uses. See also Section 25.1. (see Chsptef' 25 fer additieBal regelatioBs.) Aeeessery uses ar Buildings sastemarily aHd parely ineideatal to the ases aUo.....ed iR this district are permitted. ac. Amend Section 18.0.2: Plan Commission Approval to read: 18.0.2 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-7 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Desien. Exterior Liehtine. Landscapine and Sienaee. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-7 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. C. Applicabilitv. 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; 2. prior to the issuance of any Improvement Location Permit in the B-7 District. D. Review Criteria. The Plaa Commission shall examine each proposal in relation to the health, safety and general welfare of the community and particularly nearby residential areas. The PlaB 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 appropriately designed and landscaped to compatibly adjoin a residential 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, benefit to community, and minimization or containment of possible negative effects. 2. Site Suitability. Topography, on-site and off-site surface and subsurface storm and water drainage, surrounding zoning and land use, access to public streets, soils and hydrology. 3. Public Facilities. Capacity of proposed and existing public streets, available police and fire protection, Easements and utilities on-site and to the site, including water, sewage and storm drainage facilities~ - 4. Circulation Patterns. Amount and direction of traffic flow proposed, existing vehicular and pedestrian circulation pattern, streets, sidewalks, curbs, gutters, driveway and curb cut locations in relation to other sites, parking location and arrangement, alleys, service areas, loading bays and dedication of streets and rights-of-way. 5. Architectural Design. Scale and proportion, suitability of building materials, surrounding building design, proposed and existing landscaping, exterior lighting, signage, site coverage, screening and buffering and necessary building height, bulk and setback. ad. Amend Section 18.3: Accessory Buildings & Uses to read as follows: 18.3 Accessory Buildine:s and Uses. See also Section 25.1. (see Chapter 25 for additiGnal regulatioBS. ) Accessory Buildings and Uses and struEitures customarily and purely incidental to the uses allowed in this district are permitted contingent upon Plan Commission approval (see Section 18.0.2) and under the following conditions: 1. de Bet alter the eharaeter efthe premises; 2. are en the same let as the priBeif'al stnlet1:!fe te "vmea they are aeeessery; 3. are. net attaeB.ea te the priBeiJlal strootare with the ~(eefltien ef an alley/able UBif-orm and eeBtHm01:lS reef, s1:lpported by s1:lstemary s1:lflperts or jeists and ne ether senneetien er attaehmeat between the struetlH'es; 4. Bot ereeted prior te the er-eetion ef the priBeipallnlilaiBg; 5. when aetashee from the priBsif'al13aileiBg, set bask seveaty the (75) feet or mere frem the Hent let liBe; 6. IOGated iB a side or rear yare bl:lt may Bat oseapy more than thirty percent (30%) ef the side er rear yar.a; 7. '.vhea eleser than tea (10) feet te a maiB b1::1ihiing shall be eeDSidered as part efthe main baildiBg ImS shall be previded with the side and rear yards req1:1ires fer the maia baildmg; 8. '?iflea mere than ten (10) feet frem a maiB buildiBg may be er-eeted within fi'ie (5) feet, er easemeBt fllus three (3) feet, of a side or rear let liBe, bat net vlithiB any easement er reql:lired laaaseaped ar greeabek area; and 9. shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. ae. Amend Section 19. 0.2: Tract Requirements to 19.0.3: Minimum Tract Requirements. af. Amend Section 19. O. 3: Plan Commission Approval to 19.0.2: Plan Commission Approval to read: 19.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desie:n. Exterior Lie:htine:. Landscapine: and Silmae:e. To insure the compatibility of the proposed use with adjoining areas; the Plan Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-8 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the PlaB Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the PlaB Commission. ago Amend Section 19.3: Accessory Buildings & Uses to read as follows: 19.3 Accessory Buildin2:s and Uses. See also Section 25.1. (see Chapter 25 fer additioBal regulatieas.) Accessory ases-ef Buildings and Uses customarily and purely incidental to the uses allowed in this district are permitted contingent upon Plan Commission approval (see Section 19.0.3) and under the following conditions: 1. provided that the building materials and color are compatible with those of the primary building. ah. Amend Section 20A.3: Accessory Buildings & Uses to read as follows: 20A.3 Accessorv Buildings and Uses. See also Section 25.1. (see C.'UJpter 25 for additioaal regulatioBS. ) A66essory Uses ar BaiIamgs oostomarily aHa purely m6ideBtal ta the ases allowed in this aistriet are permiueel. ai. Amend Section 20B.3: Accessory Buildings & Uses to read as follows: 20B.3 Accessorv Buildings and Uses. See also Section 25.1. (see Chspw 25 for aelditioaal regHlatieas. ) 1\66essary Uses or BaildiRgs 6astomarily aHa plH'ely m6iaeRtal to the ases allay/ed iR this diStri6t are permittee. aj. Amend Section 20C.3: Accessory Buildings & Uses to read as follows: 20C.3 Accessorv Buildings and Uses. See also Section 25.1. (see Chapter 25 for additianal regHlatisns.) .^.66essory Uses ar BailEli:Rgs 6astemarily aad plH'ely iHeidental to the l:l5es allowed m this elistriet are permitted. ak. Amend Section 20D.3: Accessory Buildings & Uses to read as follows: 20D.3 Accessorv Buildings and Uses. See also Section 25.1. (see Chapw 25 far additienal rlllgWatisas.) .^.66essary Uses ar BaileliHgs 61lstemarily aHd plH'ely meiaeatal ta the ases allo'Ned in tfl.is distriet are permitted. a1. Amend Section 20E.O.3: Approval of Development Plan to read: 20E.0.3 Approval of Development Plan In conjunction with its application to femHe develop any real property te within the C-l zoning district, the City of Carmel applicant shall submit a Development Plan that includes the following development requirements for that property: Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Pursuant to IC 36-7-4-1400 et seq., the Director (as the staff Hearing Officer of the Plan Commission) is hereby authorized to conduct a Public Hearing to determine whether the Development Plan complies in all respects with the Zoning Ordinance and any Commitments made by the owner of the real property under IC 36-7-4-613. The Director shall then make written findings concerning his or her decision to approve or disapprove the Development Plan, and the Director is hereby designated as the official who is responsible for signing the written fmdings. The approval or disapproval of a Development Plan by the Director under this Section 20E.O.3 is a final decision of the Commission that may be reviewed only as provided in IC 36-7-4-1016. After initial approval of the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) under this Section 20E. O. 3, the ADLS shall not be materially or substantially changed or altered without the prior approval of the Commission under its Rules of Procedure. am. Amend Section 20E.3: Accessory Buildings & Uses to read as follows: 20E.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 fer aaditiaaal regalatieas. ) Accessory Buildings and Uses customarily and purely incidental to the uses allowed in this district are permitted only under the following conditions: 1. Enclosed Accessory Uses which are incidental to, maintained on the same Lot and directly associated with the operation of a permitted use, including recreational areas for employees and lodging facilities for owners, guards or caretakers. 2. Any detached Accessory Building on any Lot shall be compatible in architectural style and construction materials with the Principal Building(s) with which it is associated. an. Amend Section 20F.3: Accessory Buildings to read as follows: 20F.3 Accessory Buildings and Uses. See also Section 25.1. (see Chef/teY 25 fer additieaal regalatieFlS. ) Trash enclosures designed in accordance with Section 20F.6.2 shall be the only Accessory Buildings permitted unless otherwise authorized shall Bet be allewea exeept pursuant to a Developmental Standards Variance. ao. Amend Section 20G.5.2: Multi-Family Housing Zone (MF); A. Permitted Uses; (2) Accessory Buildings to read as follows: 20G.5.2(A)(2) Accessory Buildings. See also Section 25.1. ap. Amend Section 23A.2: Minimum Front Yard to read: 23A.2 Minimum Front Yard The mi:flimum frOBt yara shall be one lHmElrea twenty (129) feet. A. Residential Zones: thirty (30) feet. B. Business. Industrial. and Manufacturine Districts and/or Uses: one hundred twenty (120) feet. aq. Amend Section 23A.5: Plan Commission Approval to read: 23A.5 Plan Commission Aporoval. A. Development Plan. Not required. B. Architectural Desie:n. Exterior Lie:htine:. Landscaoine:. Parkine:. and Sie:nae:e. 1. Property Zoned and Used for Sine:le- and Two-Familv Dwelline:s. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) not required. 2. Multi-Familv. Business. Industrial. and Manufacturine: Districts andlor Uses. Plaft Commission approval of the LanElseapiBg PlaH, Parkiag Plaa, Lighting PlaH, aHd Architeemral Desiga Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) is required. If a Parent Tract is located both inside and outside of the State Highway 431 - Keystone A venue Corridor Overlay Zone, ADLS approval is required for the entire Parent Tract to be Ele'l'eloped. ar. Amend Section 23A.6: Other Requirements. to read: 23A.6 Other Requirements. A. Frimary Zonine: Districts. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. B. Contlictine: Ordinances. Wherever there exists a contlict between the requirements of the U.S. 31IMeridian Street Overlay Zone and those of the State Highway 431/Keystone Avenue Corridor Overlay Zone, the requirements for the U.S. 31IMeridian Street Corridor Overlay Zone shall govern. as. Repeal Section 25.1.3. 25.1.3 .\ private residemi.al garage aF aceessary bllilEiiBg shall Rat exeeea the liviBg area of the primary structl:lre. The eombiBed sEll**'e faotage of the resiaeRt, garage aHa accessory bllildiBg shall Bot exceea the meecimum thirty fi'/e percent (35%) lat efwerage allawed. at. Repeal Section 25.1.4. 25.1.4 Filling station Pl:lHlfls aHd light staadards may be located iB the rellllH-ed froBt yard, bllt Bot within thirty (39) feet oflana '."!!Hch is 1l5ed ar zsaea fer residential use. au. Repeal Section 25.1.5. 25.1.5 TrasH reeeptaeIes must be eBelesea iB all eommereial aad iadustrial areas. avo Amend Section 25.1: Accessory Building & Uses to read as follows: 25.1: Accessory Buildinl!s & Uses. 25.1.1: Residential Districts. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: 1. Accessory Buildings and Uses shall not alter or change the character of the premises; 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they are accessory; 3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timin2: a. No Accessory Building shall be constructed upon a lot until the construction of the Principal Building has actually commenced; and, b. No Accessory Building shall be used unless the Principal Building on the Lot is also being occupied for the intended purposes. c. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; 5. Hei2ht. Accessory Buildings shall not exceed eighteen (18) feet in height; 6. Setbacks. a. Except as otherwise provided for Corner and Through Lots, when detached from the Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: i. twenty-five (25) feet behind the Front Line of Building; ii. twenty-five (25) feet behind the Building Setback Line. b. On Corner Lots no residential Accessory Building may be erected: i. forward of any Front Line of Building of the Principal Building, or ii. in any required Minimum Front Yard. c. On Through Lots no residential Accessory Building may be erected: i. forward of the Front Line of Building of the front fa~ade of the Principal Building, or ii. in the required Minimum Front Yard located to the rear of the Principal Building. d. When more than ten (10) feet from a Principal Building, Accessory Buildings 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. e. When closer than ten (10) feet to a Principal Building, Accessory Buildings shall be considered as part of the Principal Building and shall be provided with the Side and Rear Yards required for the Principal Building. f. Where a Private Garage is entered from an AIley, it must be set back a minimum of three (3) feet from the alley easement or right- of-way line. 7. Maximum Gross Floor Area. The combined square footage of a Private Garage and/or Accessory Building shall not exceed the living area of the Principal Building. 8. Maximum Lot Covera2e. The combined square footage of the Dwelling, Private Garage and Accessory Building shall not exceed the maximum thirty-five percent (35%) Lot Coverage allowed. 9. Multi-familv Districts. a. In multi-family districts Accessory Uses and Buildings customarily and purely incidental to the uses allowed in said district are permitted. b. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster plus two (2) feet. 25.1.2: Business. Industrial. and Manufacturin!! Districts. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: 1. Accessory Buildings and Uses do not alter or change the character of the premises; 2. Accessory Buildings and Uses are on the same lot as the Principal Building to which they are accessory; 3. Accessory Buildings are not attached to the Principal Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timin!!: a. No Accessory Building shall be constructed upon a lot until the construction of the Principal Building has actually commenced; and, b. No Accessory Building shall be used unless the Principal Building on the Lot is also being occupied for the intended purposes. c. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; 5. Hei!!ht. They do not exceed twenty-five (25) feet in height; 6. Setbacks. a. When detached from the Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: i. twenty-five (25) feet behind the Front Line of Building; ii. twenty-five (25) feet behind the Building Setback Line. b. When more than ten (10) feet from a Principal Building, Accessory Buildings 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. c. When closer than ten (10) feet to a Principal Building, Accessory Buildings shall be considered as part of the Principal Building and shall be provided with the Side and Rear Yards required for the Principal Building. d. Where a Garage is entered from an Alley, it must be set back a minimum of three (3) feet from the alley easement or right-of-way line. 7. Maximum Lot Covera!!e. a. The combined square footage of the Principal Buildings, Garages and Accessory Buildings shall not exceed the Maximum Lot Coverage allowed in the given district. b. Accessory Buildings and Uses located in a Side or Rear Yard may not occupy more than thirty percent (30%) of the Side or Rear Yard. 8. Business. Industrial. and Manufacturin2 Districts. a. Accessory Uses are permitted in the required Front Yard in all Business, Industrial, and Manufacturing districts. b. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster plus two (2) feet. aw. Amend Section 25.12.1 (7) to read: 7. A bliileliBg permit An Improvement Location Permit shall be required prior to the erection of a satellite receiving antenna greater than twenty-four (24) inches in diameter. ax. Amend Section 25.13: Towers; .1: Development Standards; (1): Zoning to read as follows: . 25.13.1 Development Standards: 1. Zoning. A. Business Industrial and Manufacturinf! Districts. Towers shall be permitted as Special Uses only in the Business, Industrial, and Manufacturing Districts, and as such are subject to the approval of the Board of Zoning Appeals. under Chapter 21 of the Zoning Ordinance. i. Business Districts. A Tower must meet all setback requirements of the district in which it is erected. No Tower may be erected between a Principal Building and a Street. ii. Industrial and Manufacturinf! Districts. A Tower may encroach into the required Rear Yard so long as the Rear Lot Line does not abut a Residential District. No Tower may be erected between a Principal Building and a Street, except in the required Side Yard in Manufacturing or Industrial Districts. B. Residential Districts. Towers shall be permitted in the Residential Districts only as Special Exceptions, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. If a Tower is permitted as a Special Exception in a Residential District, the tower must be built: i. not less than one hundred (100) feet, plus one (1) additional foot for every for every foot of the Tower's height, from the property line of any parcel zoned and/or used for residential purposes, and ii. not less than one-half (Yz) mile from any other existing or approved Tower on which collocation is possible. iii. No Tower may be erected between a Principal Building and a Street. C. Overlav Zones. If a Tower is located in an Overlay Zone, it shall may also be subject to Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval in accordance with the Development Standards established for that Overlay Zone. ay. Adopt Section 25.18: Home Occupation to read: 25.18: Home Occupation. 25.18.1 Standards Generallv. A. Floor Area: Home Occupations shall utilize no more than fifteen percent (15%) ofthe gross floor area of the dwelling. B. Character: 1. The Home Occupation shall not change the character of the Dwelling, Lot or parcel; 2. The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; 3. The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; 4. The Home Occupation shall not be permitted signs .other than those normally permitted in the district in which the Home Occupation is located. C. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. D. Emplovees. The Home Occupation shall employ no more than one (1) individual outside ofthe immediate family. E. Deliveries. The delivery of any materials for the Home Occupation will not exceed two (2) trips per day by any vehicle not owned by a family member. F. Equipment. The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. 25.18.2 Excluded Uses: A. antique or gift shop; B. serving of food or beverages; C. animal hospital or commercial kennel; D. automobile repair; E. major appliance repair or services; and F. any processing or manufacturing that produces noxious materials or products. az. Adopt Section 25.19: Automobile Filling and Automobile Service Stations. 25.19 Automobile FiIliDl~ and Automobile Service Stations. A. Generallv. 1. Setback. a. Principal Buildin!!. Per primary zoning district. b. Pumps and Pump Islands. Minimum thirty (30) feet from residentially zoned or used property. May not be located within required yards. c. Accessorv Buildin!!s and Uses. See Sec.tion 25.1. 2. Li!!htin!!. 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. Intensitv. Lighting shall not cause illumination beyond any residential lot line or road right-of-way line in excess of 0.1 footcandle of light. Lighting shall not cause illumination beyond any non-residential tract or parcel line or road right-of-way line in excess of 0.3 footcandle of light. B. Automobile FiIlin!! Station. C. Automobile Service Station. ba. Amend Section 26.2.2 to read: 26.2.2 Corner Lots. A. On Camer Lats There must be a Front Yard provided on both Streets. B. On Comer Lots that are Lots of Record, the buildable Lot Width cannot be reduced to less than twenty-eight (28) feet, except that there shall be a Side Yard of at least five (5) feet along each Side Lot Line. C. The minimum buildable Lot Width of twenty-eight (28) feet for Principal Buildings is reduced to twenty-two (22) feet for Accessory Buildings. bb. Repeal Section 26.2.12: 26.2.12 Where a ga:age is entered from an alley, it mast be kept three (3) feet from the alley easement HBe. bc. Repeal Section 26.2.13. 26.2.13 Os comer lata the miBiml:lm bl:lilElable '.":iElth ef tv:enty eight (28) feet for main builElings is redHced to t\'.'enty two (22) feet for accessery buildings. In additieB, BO to.Ner may be erected between a priBcijlal buildiBg and a street, eKeept in the reql:lirea siae yard in Manufact1:lriB:g or IadHstrial Districts. bd. Repeal Section 26.2.15. 26.2.15 Filling station p1:lHips and fl\liBfl islands may occupy reElHireEl yaras preYided, hoV/eyer, that they are Bot less thaft thirty (30) feet frem all residential lots. be. Repeal Section 26.2.18 26.2.18 'Where a reversed iBt-erior let abuts a carner lot, or an alley separating suoo lets, aft accessery buildiBg located an the rear let line ef a carner let shall set Bask from the side street as far as the a.-....elliBg on the re'/erseel iBterior lot. Fer eaek foet that such assessory BuildiBg is placed from the rear let liBe toward the front let line ef the cemer let, the assessory building may Be set rom (1) iBches GIeser te the side street liBe, bat in no case GIeser than [PIe (5) feet. bf. Adopt Section 26.2.21 to read: 26.2.21 Where any Lot derives access via an access easement of any type, the building setback from such easement for all affected or abutting lots shall meet the required Minimum Side Yard for the district. bg. Amend Section 31.3 to read as follows: 31.3 Conflicting Ordinances 31.3.1 Unless otherwise specifically stated within this Ordinance, whenever any provision of this Ordinance or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by any other provision of this Ordinance, the more stringent provision shall govern. 31.3.2 Whenever any provision of this Ordinance imposes a greater requirement or a higher standard than is required in any State or Federal code or regulation or other City ordinance or regulation, specifically the Uniform Building Code, One and Two Family Building Code, Uniform Plumbing Code, and the National Electrical Code, the provision of this Ordinance shall govern. 31.3.3 Whenever any provision of any State or Federal statute or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by this Ordinance, the provision of such State or Federal statute or other City ordinance shall govern. 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. PASSED by the Common Council of the City of Carmel, Indiana this 2002, by a vote of ayes and nays. day of COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer John R. Koven Kevin Kirby, President Pro Tempore N. 1. Rundle Robert Battreall Luci Snyder Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this _ day of at .M. 2002, Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this 2002, at .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Cannel/Clay Plan Commission Attorney Cannel City Hall One Civic Square Cannel, IN 46032