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Home My WebLink AboutPC meeting 02-19-02 ~. CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT February19,209t~ 8i. 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. The Public Hearing for this item was held on January 15th at which time the Commission forwarded the item to the special Studies Committee. The Committee discussed the item at their February 5th meeting and forwarded the item back to the full Plan Commission with a favorable recommendation. The Department recommends that the Plan Commission forward the text amendment to the City Council with a favorable recommendation. Background information: This set of amendments to the Zoning Ordinance encompasses a number of unrelated topics as follows: 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 Cannel/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, ~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-2/01d 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. Subsecti9n be repeals language regarding setbacks on Reverse Interior Lots that becomes moot with the adoption --. .. v.: 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. Twelfth, ~ap, ~aq, and ~ar amend the SR 431IKeystone 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 26.2.17per ~bh. Sixteenth, ~ba amends 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. 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"'---------.. --- --'- - ~..~ .- . -----~~.~--.._- ,. -'----......... ~--_.~--_._._--=-._------~- ----.---=-.--------- -..-'" C'-.'C -- ~'.,. ----......,...-"--~ "'-- . .- ----- ---- - --.- --- -...~----...--...,------ -----.----.---..-------..---- -------...--; ---~----~ ............-.-------...---- '--- --.-.-.. --.-- I , 'Z- /'7/ tTL _.---......~~~-------- -----~ l_rL - ~ ----~-- ------- ....--..._-,~-_. ----........---..-------........- ----""--- --...---. --_._-'~..,..-_.- ----..... -~._-,- --.. ...,... ----.----.----------- ~--"--' ---"----. -. _._--_._------~ I _._~ .---i '" ";v <C~ CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT February 19, 2001 8i. 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. The Public Hearing for this item was held on January 15th at which time the Commission forwarded the item to the special Studies Committee. The Committee discussed the item at their February 5th meeting and forwarded the item back to the full Plan Commission with a favorable recommendation. The Department recommends that the Plan Commission forward the text amendment to the City Council with a favorable recommendation. Background information: 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 e amends the definition of "SETBACK" to reflect this requirement. This will save CarmeVClay and property owners unnecessary headaches in the future. Second, ~c condenses the definition of "HOME OCCUPATION." The standards currently set forth therein will be relocated to Section 25.18: Home Occupation per ~ba of this amendment. Third, ~f repeals the definition of "SERVICE STATION," which is identical to the definition of "AUTOMOBILE SERVICE STATION," and is, therefore, redundant. Fourth, ~g amends the definition of "FRONT YARD" to more accurately utilize other terms defined in the Ordinance. Fifth, ~h 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 ~au. Subsection h, ~i, ~j, ~k, ~I, ~n, ~p, ~r, ~v, ~y, ~aa, ~ad, ~af, ~ai, ~aj, ~ak, ~al and ~am have been amended to include cross-references to Section 25.1: Accessory Buildings and Uses. Subsection ai adopts the cross-reference for the B-8/Business District, while retaining language unique to that Sections. Subsection ar, ~as, ~at, ~bd and ~bg repeal language moved to Section 25.1 per ~au. Subsection bh repeals language regarding setbacks on Reverse Interior Lots that becomes moot with the adoption of the amended Section 25.1. Sixth, ~o, ~q, and ~z add ADLS as a requirement for the B-l/, B-2/, and B-5/Business f: ',~ Districts. ""'~ Seventh, fis adds both Development Plan and ADLS requirements to the B-3/Business District. These replace the Special Use requirement, which is amended per fit and fiu. Eighth, fiw and fiab renumber Sections 15.0.2: and 17.0.2: Minimum Tract Requirements to Sections 15.0.3 and 17.0.3, respectively. Subsection x and fiac 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, fiae explicitly states the currently existing Development Plan and ADLS requirements of the B-7/Business District. Tenth, fiag and fiah 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, fiao, fiap, and fiaq 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. Twelfth, fias and fibf repeal language moved to Section 25.19: Automobile Filling and Automobile Service Stations per fibb. Thirteenth, ~ay amends Section 25.12.1(7) in order to excuse satellite dishes 24" or less from the permitting requirement. All other standards still apply. Fourteenth, fiaz adopts Tower setback language into Section 25.13.1 that is being removed from Section 26.2.17 per fibg. Fifteenth, fibc amends Section 26.2.2 regarding Comer Lots, adopting language being repealed from Section 26.2.13 per fibe. Finally, fibj addresses conflicts within the Zoning Ordinance, and reformats Section 31.3. .' ..., Sponsor: Councilor Wayne Wilson AN ORDINANCE OF CITY An Ordinance Requiring compliance with the Carmel/Clay Thoroughfare Plan; Defining Automobile Sales and Motor Vehicle; Amending the definitions of Home Occupation, Setback and Front Yard; Repealing the definition of Service Station; Amendingrequirements relating to Accessory Uses and Buildings; Establishing Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS) requirements in all Business Districts; Amending the B- 3/Business District to require Development Plan and ADLS approval through the Plan Commission; Amendingprovisions of the State Road 431/Keystone Avenue Overlay Zone District; Amending provisions of the Sign Ordinance relating to Vehicle Signs; and Addressing conflicting standards within the Zoning Ordinance. WHEREAS, (background statements settingforth the purpose or background of the Ordinance where appropriate) WHEREAS, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: a. Amend Section 2.9: Compliance with the Thoroughfare Plan to read: 2.9 ComDliance with the Thoroulilifare 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. Adopt Section 3.7: Definitions: AUTOMOBILE SALES to read: AUTOMOBILE SALES. Storage and/or display for sale of more than two (2) motor vehicles or any type of trailer. c. Amend Section 3.7: Definitions: HOME OCCUPATlONto 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) Ordinance No. Z-369-02 p.l el~~~ iIleieeatal aJ!la seeoBaary to the ase ef the d'l.'elliBg fur dwelling parposes, atlllZmg Be mere than fift:eea pereeat (15%) of the total fleer area efilia EFl:elling; 2. Elees Bet ehange the eharaeter eftAe a':/elliBg; aad 1. 3. ef ,,:bieh .there is Be iBElieatieB Hem the exterier that the (l\velliBg is being ati:1i:2eEl iB 'lmele er lB part fer any pmpose ether t8aB. a EFl/elliBg. aaa further that: I. the Heme OeeupatieB is eeBelaeted ''leolly 'llitBiIl the EFl/ellillg, and there is BO outside Beise, eder, smeke er vibratiea; 2. there is Be oatsidesterage er diSfllay ef materials in eElRIl.eeaeB ,:/itli the Heme OeeapatioB; 3. Be Olle emside efthe immeeliate family shall Be empleyed; 4. Be signs ether than these Berma:Uy permitted in the diMe! lB ':AlieR the Heme Oe&UpatieB is leeated; 5. Be eemmedity is seld eB the premises other than that prepared eB the premises; 6. the deli'lery ef any materials fer the Heme OeeupatieB will Bet eKeeeEl twe trips per day by any vehiele Bet e'::iled BY a family member; and 7. the meehaBieal eetaillmeBt aseEl fer the Home Oee\:lpatieB is eastemarily ased fer demestie l*HPeses and is ef a size and type that is similar te demestie meehanieal eqaipmeBt er is eastemari:1y ful:ll1d ill a basiBess effiee. .^. Heme Oee\:lpatieB shall Bet iMlllde: I. barber seep; 2. beaaty parler; 3. antiElae er gift shep; 4. tea ream or the servmg ef feod er beverages; 5. aBimal heSflital 0r eommereial keanel; 6. phetegraphie smdie; 7. aatemeBile repair ather t8aB veliiele e'Niles by members efilie immediate family; 8. majer appliaBee repair or serviees; aad 9. an)' preeessiBg er maoofaetmiBg that prod1:1ees Boxieas materials er produets. A Heme OeeupatieB iBeludes bat is Bet limited te the fellowiBg: 1. art smElie; 2. dressmaking; 3. effiee efan arOOiteet, eagineer, doeter, deBtist, lawyer or aeeeaatant; Ordinance No. D. - p.2 FT .. ..', 4. aIDee ef a sales r-epfeseaati'le; ana 5. teaehiBg, iBsladiBg masisal iBstrameBts er daneiBg bat limited ta eae papil at a time. d. Adopt Section 3.7: Definitions: MOTOR VEHICLE to read: MOTOR VEIDCLE. An automobile, truck, motorcycle, mobile home or any other vehicle propelled or driven otherwise than by muscular power. e. 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-or-way as identified in the Thoroughfare Plan (whichever is greater), the Side Lot Line or the Rear Lot Line. f. Repeal Section 3.7: Definitions: SERVICE STATION. ST.\TION, SERVICE. .A.:ay plase ef Busiaess '::ith pamps aDa waergre1:1Bd steFage aRks haviag as its purpose the retail servisiBg ef meter vehieles with fuels aaa lubrieaats, iBeluaiBg miBer repairs aDd iBsfleGtieas iBeideatal therete bat Bet ineluding a geBeral repair shep, paint or body shop, maehiBe shefl, 'fH:lsaDizing shep er aDY eperatiea requiriBg the remeval or iBstallatioa ef a radiater, eagiBe, s)'liBder heaa, sfankease, traDsaHssioa, differeatial, feader, deor, samper, grill, glass or ether beay part, er aa)' seliy repairiBg er paiBtiBg. g. 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:rIle sideW of a Lot that is (are) adj acent to a the street right-of-way. . h. Amend Section 5.3: 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. .A.eeessory ases aaa strusmres are permitted 1:l11der the follewiBg coaditians: 1. They de Bet aker or ooaage the eharaeter efthe premises; 2. They are aa the same let as the principal str\:l6tl:lre te ....'hieh they are aeeessery; 3. They are Retattaehea ta the priBcipal strue.tare, with the eJEeeptiea ef an aIle.....ahle anif.orm ana seatiooew reef supported ey el:lStomary Sl:lfJports er joists, aDd ae other eomeetiea er attaeRmeat betweeR the str\:lemres e~dsts; 4. They are nat ereetea prior te the ereetieR ef the priBeipal buildiflg; 5. They de Bet exeeed eighteea (18) feet in height; Ordinance No. ~O p.3 U 6. When detaehed Hem the priReipal1:l1:HldiBg, t-hey are set baek seveRty five (75) feet ar mare Ham the fraBt lat liBe. Camer lats and thraugb. lets are eKempt Ham this psr-sgFtilph 6; 7. When eleser than tea (10) feet ta a maiR 1:nlilamg, they shall be GaBSider~d as part af the maiR 1:rliilaiag and shall be previded with the side aad rear yarEis required far the maiR hailEiiBg; aaa, 8. Whea mare than ten (I()) feet Ham a maiR haildiBg, they may be ereeted ...:ithiB five (5) feet, er easemeBt plus three (3) feet, af a side ar rear lot lIDe, bat Rot vtithiB aay easement. 5.3.2 .\ private S'''limmiBg peel may be permitted as aB aeeessery use. }Ie s',':imming peeler its desk shall he Gieser thaa teB (19) feet te the Pf"3perty liRe er less tBaa the mi:nimum sethaGk, whiehe'ier is greater. Fer pl:Hfleses fer safety, t-he fenewing shall apply: (Bastien 5.3.2 sdopledperZ ](9) I. walls er feBeiBg deemed te be impenetfaBle by the enfareing autherity, that is Bet less thall fi...e (5) feet high eempletely sl:l:ITeURGing the swimmiRg paol and the aeek area with eKceptiea ef self alasiBg and latesiBg gates and daers, heth eapable efbeiBg leaked; 2. ether mea:B& Bet less thall fi':e (5) feet high. and seemed impeBetrallle by the eaf-erGing autberity at the time €If eeBStI1:letiaB aBEl eampletely SUITaUB:aiBg the peel aRd deak area ...;hea the peel is Bet used; aBd 3. a eembiRatian af l1/J1hdivi&ie1'll1 (1) threugh (2) that eempletely surr-eURds the peel aREi deele with. the eKaeptiaB af self alasing and latehing gates and dears whies are eaJlable efBeiBg leakeEi; ar 1. a safety peel ee':er may be \iseEi pTa'Aded that: a. there is a eeatinueus GeBBeatiaB between the ee':er aad the cieek, sa as ta prahieit aGaess ta the peel wRen the ae':er is eemJlletely Gra'.YB ever the peel; it is meehaBieally eJlerated by key er key aad s\':iteh sueh that th.e eaver eanfiet be Gravia upen or retraeted witheut the use ef a key; h. e. it is eapable ef sHflpertiBg a fe\H' hUB:dred paURa impasealead Hfl81l a Gempletely dmwn eever; it is iastalled with a traek, railers, rails ar guides; el. e. it hears aa ideatifiGatieB tag indieating the Rame af the manufaemrer, Bame ef the installer, installatiaB date, aIla aflJllieable safety staBdards, H-aay. f. that it is iB eamplianee with the Inaialla swimmiRg peal eede, 2d EditiaR, effeetive date September 13, 1989, as amended. 5.3.3 TeRRis eams may Be permittea as all aEaessery \ise bat shall be laeatea allly within a side ar rear yara. Opea '.vire mesh feaees sarralmaiBg teBnis eems may be eTeeted te a height ef sixteea (Hi) feet if sueh fenees eaIy eaelose a regalatieR GaHrt area aIla staaaard Ordinance No. Z- p.4 . apreB areas. LightiRg efthe eamt area shall Rat Greate &l:ore thaa Bye (5) foetean<:Ues of light tweRt}' five (25) feet frem. the perimeter afthe eel:Jrt. 5.3.4 Qaartefs for 88nafide servants emplayea By the eeeapaats 9fthe ElwelliRg Me permitted. 5.3.5 One (1) gaesthease ...','ith eoekiftg faeilities may be permitted as aD aeeessery 9aildiag en lots eemaiDmg Ret less tRaD ORe (1) acre. 5.3.6 .A..eeess9ry lightiftg is permitted; hewever, RO lightiftg shall GaI:l5e illwniBatieD at or beyaDa aDY let liRe m eKeess €If 9.1 f9atGanElle af light. 5.3.7 Pi'h'ate Fallia ana tele'/isieB reeeptieB aDd traBsmittiBg tewers aDd aDtennas life permitted subjeat te applieaele leGal, state and fedel'al regulatiaRs. Ne struemre shall be loeated ar permitted within teB (1 g) feet €If a pe'Ner traDsmissiaB liBe. 5.3.8 .f..eGessery ases saeh as pablie atility iBstaUatieDs, private walks, drP/e'Nays, retaining v:alls, mail eexes, nameplates, lamp pests, birdbaths aDd struemres €If a like Damre are permitted iB aDY reqaired froDt, siae 9r rear yarEl. i. Amend Section 6.3: Accessory Buildings & Uses ta read as fallows: 6.3 Accessary Buildings and Uses. See also Section 25.1. (see Chapter 25 [-or additieaal regalations. ) Same as 8 1 Dismat regal.atieRS af SeetiaYl 5.3. j. Amend Section 7.3: Accessory Buildings & Uses to read as follows: 7.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additienal regalatioBs. ) Same as S 1 Distriat regalatioRs ef SeetiaYl 5.3. k. Amend Section 8.3: Accessory Buildings & Uses ta read as follows: 8.3 Accessory Buildinl!s and Uses. See also Section 25.1. (see Chapter 25 for additieaal regulatieBs.) Same as 8 1 Distriet regulatioRB sf SeeHSYl 5.3. 1. Amend Section 9.3: Accessory Buildings & Uses to read as follows: 9.3 Accessory Buildinl!s and Uses. See also Section 25.1. (see Chapter 25 [-or additienal regalatioBs. ) Same as 8 1 Distriet regalatioDs of SeetisYl 5.3. m. Amend Section 10.3: Accessory Buildings & Uses to read as follaws: 10.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapler 25 [-or additieaal regalatieBs. ) Ordinance No. z-3h p.5 U Same as S 1 Distriet regulatiaB5 ef See/ien 5.3. n. Amend Section 11.3: Accessory Buildings & Uses to read as follows: 11.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for aaaitiaaal r-egalatieas.) J.eeessery l:lSes aF bailaiBgs eust9marily aad pmely ineideBtal te the ases allowed in this elistriet are pe1t9ittea. o. Adopt Section 12.0.2: Plan Commission Approval to read: 12.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desien. Exterior Liehtine. Landscapine and Sipae: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. p. Amend Section 12.3: Accessory Buildings & Uses to read as follows: 12.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 f-oF aaaitieaal reguJatieBs.) f.eeessary l:lSes ar buildiags eustamarily aad pmely iBeidental t9 the ases allowed in this distriet are permitted. q. Adopt Section 13.0.2: Plan Commission Approval to read: 13.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desie:n. Exterior Lie:htine:. Landscapine: and Sie:nae:e. To insure the compatibility ofthe 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. r. Amend Section 13.3: Accessory Buildings & Uses to read as follows: Ordinance No.boR' p.6D'. 13.3 Accessory BuiIding:s and Uses. See also Section 25.1. (see Chspler 25 far additional r~gtilatieBs. ) 1\eeess8ry 1;lses ar eailaiags e1ist8marily aHa p1H"ely ineideBtal t8 the 1;lses alla',vea iB this distriet are permitted. s. 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 Desilro. Exterior Lil!htine:. Landscapine: and Sil!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. 1. Amend Sections 14.1: Permitted Uses to read: 14.1 Permitted Uses: Neae Country club Golf course Multiple-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 Machine shop Power transmission line Sheet metal shop Sign shop Specialized contractor shop Welding shop Ordinance No. Z- p. 7 u. Amend Section 14.2: Special Uses to read: 14.2 Permitted Special Uses: (See Chapter 21 for additional regulations.) Cel:lntry elub Gelf eeurse Multiple family ElweUiBg SiBgle family ElweUiBg TV/e family Q.welliBg Ju:ty Use Permitted iR the B 2 Distriet (886#81'1 13.1) exeept: Commertlial war-ehetiSe storage CeBtr-aeters stel'age faeility BKterminating shep Feed stere Feed predaets distributiBg stati<:18 Gram elevater Heme eeelipatioB Jewelry store MaehiBe shop Pe'.'I'ef tFaRsmissioB liRe Sheet metal shep SigH. shep Speeialized eeBtFaeter shep WeleliBg shap Any Special Use permitted in the B-2 District (Section 13.2) except: Commercial sanitary landfill or refuse dump Commercial sewage er garbage dispesal plant Junk er material and/or salvage yard Outdeor theater Penal or correctional institution Race track Raising and breeding efnon-farm fewl and animals v. Amend Section 14.3: Accessory Buildings & Uses to read as fellows: 14.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for adciitioaal regulatiaB5. ) .^.eeessery uses ar haildmgs eastomarily aDd parely ineideatal to the uses alle':/ed iR this distriet are permitted. w. Amend Section 15.0.2: Minimum Tract Requirements to 15.0.3: Minimum Tract Requirements. x. 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 Ordinance No. p.8 " 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 Desie:n. Exterior Lie:htine:. Landscapine: 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-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. y. Amend Section 15.3: Accessory Buildings & Uses to read as follows: 15.3 Accessory Buildings and Uses. See also Section 25.1. (see c.'1apter 25 far additiaBal regalatiaBS. ) Aeeessary uses ar builamgs oostemarily aRd p'lH'ely ineideatal ta the uses allewed in this distriet are permitted. z. Adopt Section 16.0.2: Plan Commission Approval to read: 16.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desie:n. Exterior Lie:htine:. Landscapine: and Shmae: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., aa. Amend Section 16.3: Accessory Buildings & Uses to read as follows: 16.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 fer additieBal reglilatioBs. ) Aeeessery uses aad stmetares are permitted Wlder the follewing eaBditieRs: 1. ao Bot alter the charaeter ef the premises; 2. are OB the same lat as the prineiflal strHctlire ta .....aieh they are aeeessory; 3. are Bet attaehed ta the prineipal strnetlH'e 'l:iih the 8*eeption of aD allowable Wliform aRd eontHma1:ls roaf, sapported by el:istomary s1:lpparts er jeists aRe BO other connection or attaehmeRt betv.'eea the !Jtruet'lH'es; 4 . Ret ereeted prier tEl the ereetiea af the principal b1:lildiRg; Ordinance No. Z-3 p.9 5. WaeR aetaehed HeFR the priReipal 9uilEiiRg, set haek seveBt'j w:e (75) feet eT FRare frOFR the Heat let liRe; 6. leeatea in a siae ar rear yard eut FRay Rat a66~y FRore tam thirty pereeBt (30%) af the side ar rear yare; 7. \'IlleR elaser them ten (19) feet ta a maiR 1:l1:lilEiiag shall be eORsiEiered as part af the maiB builamg and saaY be pravided with the side aaa rear yares required for the FRam BuildiRg; aall 8. waen FRere thaB teR (19) feet HaFR a FRaiR huilaing FRay be ereetea witlHB five (5) feet, ar easeFReat plas three (3) feet, af a side ar r~ar let liRe, but Rat witlHB an)' easeFRent ar reEluirea laaaseaped ar greeabelt area. ab. Amend Section 17.0.2: Minimum Tract Requirements to 17.0.3: Minimum Tract Requirements. ac. Adopt Section 17.0.2: Plan Commission Approval to read: 17.0.2 Plan Commission Approval. A. Development Plan. Not required. B. Architectural Desil!n. Exterior Lil!htinl!. Landscapinl! and Sil!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-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. ad. Amend Section 17.3: Accessory Buildings & Uses to read as follows: 17.3 Accessory Buildings and Uses. See also Section 25.1. (see Ch6lfJter 25 fer aaditieRal regalatians. ) :\66essery ases ar buildings 6ustamarily aHa ]3Ufely iBeideRtaI to the uses allewed ia. this Eiismet are permitteEi. ae. 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 (OP) 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 (OP) 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 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) Ordinance No. Z-369- p.l0 T 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 ofthe 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 Plaa 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: I. Neighborhood Impact. Sociallneighborhood 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 Desilm. 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. af. Amend Section 18.3: Accessory Buildings & Uses to read as follows: 18.3 Accessory Buildinl!s and Uses. See also Section 25.1. (see Chapter 25 for additieB:al regulations. ) Accessory Buildings and Uses aBEt !1wetl:lres 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: I. de Bot alter the eRaFaeter of the premises; Ordinance No. Z- p.ll '~r 2. are eR the same let as the priBeipal Bwetw:e to 'l.4HeR they are aeeessery; 3. are Bet attllGhed te the priBeiflal strneture with the eJceepaon ef aH allewable uaiform aBa eontiBuaus reaf, BHppertea by eHstem.ary sapperts er jeists aHd ne ether eermeetien ar attaehmeat between the stnletures; 1. Rat Breeted prier te the ereedeR af the prineipal building; 5. '.'!hen detaooed flem. the priBeipal hailaiBg, set baek se'/eBty five (75) f1ilet er more frem the flem: let liBe; €i. leeatea in a siele er rear yara but may Bat eeeapy mere thaH thirty persent (39%) of the siele er rear yard; 7. wRen eloser than. ten (19) feet ta a main bllildiBg shall Be eeasielered as part efthe maiB bllileliBg aHa shall be previeled v:ith the Biele aHd rear yaras requirea for the maiB bllileliBg; 8. v:heB mere thaH teB (to) feet frem a main Bailding may be ereetea withiB five (5) feet, er easemeRt plus three (3) feet, ef a siEle er rear let liBe, bat Bet withiB aHY easemElflt er reElaireellaHdseaped er greeBBelt area; aad 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. ago Amend Section 19.0.2: Tract Requirements to 19.0.3: Minimum Tract Requirements. ah. Amend Section 19. O. 3: Plan Commission Approval to 19.0.2: Plan Commission Approval to read: 19.0.2 Plan Commission Aooroval. A. Develooment Plan. Not required. B. Architectural Desil!n. Exterior Lil!htinl!. Landscaoinl! and Sil!nal!e. To insure the compatibility of the proposed use with adjoining areas, the Plaa 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 Plaa 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 Plaa Commission. ai. . Amend Section 19.3: Accessory Buildings & Uses to read as follows: 19.3 Accessory Buildine:s and Uses. See also Section 25.1. (see ChflfJler 25 far adaitieBal regulatieBs.) Accessory uses-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. Ordinance No. 7A.., p. 12 -1(7 T ~ aj. Amend Section 20A.3: Accessory Buildings & Uses to read as follows: 20A.3 Accessery Buildings and Uses. See also Section 25.1. (see Chapter 25 for adaitieaal regulatiaas.) .^~aaessefY Uses af Baildiags e-ustemarily aed fll:H"e~y iIlaideBtal ta the ases allowed ill this district are pe11'flitted. ak. Amend Section 20B.3: Accessory Buildings & Uses to read as fellows: 20B.3 Accessery Buildings and Uses. See also Section 25.1. (see Chapter 25 for adelitieaal regalatioB5. ) :\eeessary Uses Of BailEiiags aastemarily aRe fll:l:fely iaeieeatal to the ases alla'::ee iB this eistrict are permitted. a1. Amend Section 20C.3: Accessory Buildings & Uses to read as follows: 20C.3 Accessery Buildings and Uses. See also Section 25.1. (see Chspler 25 far adElitioaal regalatiaB5. ) Aeeessory Uses aT Baildiags 6astomarily aRd pl:l:fe~y meideatal ta the ases allowed in this Elistrict are permitted. am. Amend Section 20D.3: Accessory Buildings & Uses to read as follows: 20D.3 Accessery Buildings and Uses. See also Section 25.1. (see Chapler 25 for adelitieaal regalatieBs. ) f\eeessary Uses aT Bailcliags eustemarily and purely meieleBtaI to the ases allo'lIed in this distriet are permittee. an. Amend Section 20G.5.2: Multi-Family Housing Zone (MF); A. Permitted Uses; (2) Accessory Buildings to read as follews: 20G.5.2(A)(2) Accessory Buildings. See also Section 25.1. ae. Amend Section 23A.2: Minimum Front Yard to read: 23A.2 Minimum Front Yard The miaimam frORt yard shall be eae huBdrecl tv/eRty (120) f-eet. A. Residential Zones: thirty (30) feet. B. Business. Industrial. and ManufacturiDl! Districts and/or Uses: one hundred twenty (120) feet. Ordinance No. Z- p.13 ap. Amend Section 23A.5: Plan Commission Approval to read: 23A.5 Plan CommissionApproval. A. Development Plan. Not required. B. Architectural Desie:n. Exterior Lie:htine:. Landscapine:. 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. Plaa Commission approval of the LaeQseapmg Plan, Parking Plae, LightiB:g Plae, aRa Ai'ekiteetural 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 te be denlopea. aq. Amend Section 23A.6: Other Requirements. to read: 23A.6 Other Reauirements. A. Primary 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. ar. Repeal Section 25.1.3. 25.1.3 f. prh<ate resiaential garage ar aeeessary buildiBg shall Bat exceed the liymg area eft-he primary strueture. The eomemea sqaafe featage ef the r-esideBt, garage aDd aeeessory bail ding shall Bet eKeeea the maximum thirty the pereeBt (35%) let eaverage allewed. as. Repeal Section 25.1.4. 25.1.4 Filling statiaB pWRj)s aDa light staDdards may be leeated m the reElllked frOBt yard, but Bot within thirty (30) feet eflana whieh is ased er zeBed fer resideBtial use. at. Repeal Section 25.1.5. 25.1.5 Trask receptaeles must be ElBelesed m all eemmereial aDd melasmal areas. au. Amend Section 25.1: Accessory Building & Uses to read as follows: 25.1: Accessory Buildings & Uses. Ordinance No. p. 14 'T' l~. . 25.1.1: Residential Districts. A. Accessory Buildin!!:s and Uses Generallv. 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. 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; B. Heie:ht and Area Reauirements. 1. Maximum Hei!!:ht. Eighteen (18) feet. 2. Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard. i. Except as otherwise provided for Corner and Through Lots, when detached from the Principal Building, Accessory Buildings shall be set back a minimum ofthe greater of the following: (a) twenty-five (25) feet behind the Front Line of Building; (b) twenty-five (25) feet behind the Building Setback Line. ii. On Corner Lots no residential Accessory Building may be erected: Ordinance No p.15' (a) forward of any Front Line of Building of the Principal Building, or (b) in any required Minimum Front Yard. iii. On Through Lots no Accessory Building may be erected: (a) forward of the Front Line of Building of the front fa~de of the Principal Building, or (b) in the required Minimum Front Yard located to the rear of the Principal Building. b. Minimum Side and Rear Yards. i. When more than ten (10) feet from a Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) Five (5) feet, or (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. ii. 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. 7. Maximum Lot Coverae:e. The combined square footage of all Dwellings, Private Garages and Accessory Buildings on a given Lot shall not exceed thirty-five percent (35%). 8. Maximum Gross Floor Area. The combined square footage of a Private Garage and/or Accessory Building shall not exceed the living area ofthe Principal Building. 9. Lie:htine:. No lighting shall cause illumination at or beyond any Lot Line in excess of 0.1 Footcandle of light. C. Accessory Uses. 1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways, retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any required Front, Side or Rear Yard. 2. Multi-familv Districts. a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a Ordinance No. Z-3 p. 16 minimum height of dumpster and/or compactor plus two (2) feet. 3. Private radio and television reception and transmittine towers and antennas. a. Permitted subject to applicable local, state and federal regulations. b. No structure shall be located or permitted within ten (10) feet of a power transmission line. 4. Guest House. a. One (1) Guest House with cooking facilities may be permitted as an Accessory Building on Lots containing not less than one (1) acre. 5. Servants Ouarters. a. Quarters for bona fide servants employed by the occupants of the Dwelling are permitted. 6. Tennis courts. a. Shall be located only within a Side or Rear Yard. b. Fencinl!. Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16) feet if such fences only enclose a regulation court area and standard apron areas. 7. Private Garal!e. Where a Private 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. 8. Private Swim minI! 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 or Rear Lot Line or ii. the Minimum Side or Rear Setback for the district. b. Safety. For purposes for safety, the following shall apply: i. Walls or Fencinl!. Walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self-closing and latching gates and doors, both capable of being locked; Ordinance No. z.. p. 17 T ii. Other Means. Other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and iii. Combination. A combination of Subsections (i) through (ii) that completely surrounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked; or iv. Pool Cover. 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 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 (400) pound imposed load upon a completely drawn cover; (d) it is installed with a track, rollers, rails or guides; (e) it bears an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any. (t) that it is in compliance with the Indiana swimming pool code, 2d Edition, effective date September 13, 1989, as amended. 25.1.2: Business. Industrial. and Manufacturinl! Districts. A. Accessory Buildinl!s and Uses Generallv. 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 ofthe 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 Ordinance No. p. 18 T ~ 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; B. Hei!!ht and Area Reauirements. 1. Maximum Heilzht. Twenty-five (25) feet. 2. Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard Setback. i. When detached from the Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) twenty-five (25) feet behind the Front Line of Building; (b) twenty-five (25) feet behind the Building Setback Line. b. Minimum Side and Rear Yards. i. When more than ten (10) feet from a Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) Five (5) feet, or (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. ii. 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. 7. Maximum Lot Covera!!e. Ordinance No. Z-f9.~~t: p 19 W. j~ iii. . t~\~~J ~~ >~!~;= 1P';'''', !~ 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. Maximum Gross Floor Area. Reserved. 9. Lie:htine:. 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 Lot Line or road right-of-way line in excess of 0.3 Footcandle of light. C. Accessorv Uses. 1. Exceptions. Accessory Uses are permitted in the required Front Yard in all Business, Industrial, and Manufacturing districts. 2. Business. Industrial. and Manufacturine: Districts. a. Trash receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster and/or compactor plus two (2) feet. 3. Garae:e. 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. avo Amend Section 25. 7.01-2: Definitions: VEHICLE SIGN to read as follows: VEmCLE SIGN. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the body of the original vehicle and. does not project or extend beyond two (2) inches from the original manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate and shall not be permanently parked on a public street or street right-of-way. .\ sign iB er en a vehiele that advertises the ','ehiele fer sale, lease er rental shall Bet be eeBsiderea a Vehiele Sign. See alse See#slf 27.2.5. See also Section 25.7.01- 4(q)." aw. Repeal Section 25. 7.01-3(/): 25.7.01-3: Exempted Signs. (1) Vehiele SigElS; ax. Adopt Section 25. 7.01-4(q) to read as follows: 25.7.01-4: Prohibited Signs. Ordinance No. Z- p.20 FT 0: q) It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the right-of-way line of any public street and forward of the Front Line of Building of the Principal Building, with the exception of: (i) Vehicles actively involved in construction on or the 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) Passenger vehicles, pick-up trucks, and vans of a size that can fully fit within a standard parking space, containing signs painted on or permanently affIxed on the doors or integral body panels that do not exceed sixteen (16) square feet in area. ay. Amend Section 25.12.1 (7) to read: 7. i'~ Building 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. az. Amend Section 25.13: Towers; .1: Development Standards; (1): Zoning to read as follows: 25.13.1 Development Standards: 1. Zonine:. A. Business Industrial and Manufacturinl! 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 Manufacturinl! 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 Ordinance No. p.21 T 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. ba. 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 of the 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; Ordinance No.7_ p.22 -1;1 T " 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. bb. Adopt Section 25.19: Automobile Filling and Automobile Service Stations. 25.19 Automobile FilIin2 and Automobile Service Stations. A. Generallv. 1. Setback. a. Principal Buildin2. 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 Buildin2s and Uses. See Section 25.1. 2. Li2htin2. 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 Fillin2 Station. C. Automobile Service Station. be. Amend Section 26.2.2 to read: 26.2.2 Corner Lots. A. On Comer Lets 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. Ordinance No. p.23 c. The minimum buildable Lot Width of twenty-eight (28) feet for Principal Buildings is reduced to twenty-two (22) feet for Accessory Buildings. bd. Repeal Section 26.2.12: 26.2.12 Where a garage is entered from an atley, it must be kept three (3) feet from the alley easement liRe. be. Repeal Section 26.2.13. 26.2.13 On comer lets the minimam haildable ..yiEltB ef twenty eight (28) feet fer main baildiags is redaced to twenty tv:o (22) feet fer accessory haildmgs. In additien, Be to','ler may be erected bew/eeB a priBcipat baileliag aDd a street, e~(cept in the reqaR-ed side yard ia Manafactaring er Indootriat Districts. bf. Repeal Section 26.2.15. 26.2.15 Filling station p1iHl:pS aDd p1:lB'lJl islaDds may eccapy reqaR-ed yards provided, however, that they are BOt less than thirty (39) feet frem all resideBtiatlets. bg. Repeal Section 26.2.17: 26.2.17 :\ccessery ases are perm#ted ia the requir~d frent yard in the Basiness, lBdastrial aaa ManGfa6tll:rieg Districts. . He.....ever, a tewer mast meet atl setback reElaR-ements ef the district ia whicR it is erected, eKcept that in the lBdastriat aaa Maaafactarmg Distriets a t-ewer may encroach iBte the reEtliired rear yard se leng as the rear pr-eperty liae dees Ret abat a ResiEleBtiat District. lB additioR, if a tewer is permitted as a speciat exeeptioB in a Residentiat District, the tewer mast be 9uilt: A 4,.&.. Ret less than one BaBdred (199) feet, plas OBe additioBa.J. feet fer every for a',ery feat of the tewer's height, Hem the preperty line ef aft)' parcel ased fer residential parposes, and B. Ret less than ene hatf (4) mile frem aft)' ether eKisting or appreved te\\'er an which celloeatieR is pessiele. bh. Repeal Section 26.2.18. 26.2.1& Where a reversed interier let abats a eomer lot, or an alley separating saeR lots, an accessory bailding lecated on the rear let liBe of a earner lot sRatl set hack from the side street as far as the lPl,lelliBg OR the ra',ersed interier let. For eael1 feet that slieh accessory bHilding is placed from the rear let liae to'Nard the frcmt let line of the cerner lot, the accessory bailding may be set foar (1) iBches closer to the side street line, hat in no case closer than five (5) feet. bi. Repeal Section 27.2.5: 27.2.5 It shall be prohHlited to park er ase a ',elUde iR S1:l:6R a way as te flmetieR as a sign, aefmed te inclede the parkiBg of any veRicle, trailer or similar movable strlietare coFltamiBg or sapporting any signage betv,leeB the right of ",,lay liae of any pabtic street and ferward of the From Line ef BaileHBg oitl1e Principal Bailding, .....itI1 the exceptieB ef: Ordinance No. p.24 T f- A .ol..... B. C. D. Vehieles aGtively Hl'lBl"/ea in eonstmetian on or the serving Bftlie site. Vehicles eeliveriag pradl:lets to the site in eesigaated loading areas. 'I ehieles park-ed in designated tnlek parkiBg areas ef a de"/elopment that have seen ssreeBed from or are Bat generally visible from the pealie right Bf way. PasseBger "/ehieles, pick up tnleks, aae vaas of a size that GaB fully fit ?:ithin a smndanl parkiBg Sflaee, eoataiaiBg sigas paiBted an or permanently affixed OF! the doors or integral body panels that de net 8*6eed sixteen (Hi) sliHare feet iB area. bj. 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. ~. Ordinance No. ~3~-i. p. 25 1Jr~~/ tir- 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 No. Z-369-02 PASSED by the Common Council of the City of Carmel, Indiana this _ day of 2002, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N. 1. Rundle Ronald E. Carter Luci Snyder Ordinance No. p.26 -. , ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-369-02 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2002, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-369-02 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2002, at .M. ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. p.27 James Brainard, Mayor ? I