HomeMy WebLinkAboutPublic Notice PC 01-15-02
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Docket No. 160-01 OA
NOTICE OF PUBLIC HEARING BEFORE
THE CARMEL/CLAY PLAN COMMISSION
Time and Place: Notice is hereby given that the Carmel/Clay Plan Commission will hold a public hearing upon a
Petition To Amend Zoning Ordinance pursuant to the application and plans filed with the
Department of Community Services as follows:
A. Amend Sections 2.9: Compliance with the Thoroughfare Plan; 3.7: Defmitions: HOME
OCCUPATION, SETBACK, FRONT YARD; 5.3.1: Accessory Buildings & Uses; 6.3: Accessory
Buildings & Uses; 7.3: Accessory Buildings & Uses; 8.3: Accessory Buildings & Uses; 9.3:
Accessory Buildings & Uses; 10.3: Accessory Buildings & Uses; 11.3: Accessory Buildings &
Uses; 12.3: Accessory Buildings & Uses; 13.3: Accessory Buildings & Uses; 14.1: Permitted
Uses; 14.2: Special Uses; 14.3: Accessory Buildings & Uses; 15.0.2: Minimum Tract
Requirements to 15.0.3: Minimum Tract Requirements; 15.3: Accessory Buildings & Uses; 16.3:
Accessory Buildings & Uses; 17.0.2: Minimum Tract Requirements to 17.0.3: Minimum Tract
Requirements; 17.3: Accessory Buildings & Uses; 18.0.2: Plan Commission Approval; 18.3:
Accessory Buildings & Uses; 19.0.2: Tract Requirements to 19.0.3: Minimum Tract
Requirements; 19.0.3: Plan Commission Approval to 19.0.2: Plan Commission Approval; 19.3:
Accessory Buildings & Uses; 20A.3: Accessory Buildings & Uses; 20B.3: Accessory Buildings &
Uses; 20C.3: Accessory Buildings & Uses; 20D.3: Accessory Buildings & Uses; 20E.0.3:
Approval of Development Plan; 20E.3: Accessory Buildings & Uses; 20F.3: Accessory Buildings;
20G.5.2(A)(2) Accessory Building; 23A.2: Minimum Front Yard; 23A.5: Plan Commission
Approval; 23A.6: Other Requirements; 25.1: Accessory Building & Uses; 25.12.1(7); 25.13(1)(1):
Zoning; 26.2.2; 31.3: Conflicting Ordinances.
B. Adopt Sections 12.0.2: Plan Commission Approval; 13.0.2: Plan Commission Approval 14.0.2:
Plan Commission Approval; 15.0.2: Plan Commission Approval; 16.0.2: Plan Commission
Approval; 17.0.2: Plan Commission Approval; 25.18: Home Occupation; 25.19: Automobile
Filling and Automobile Service Stations; 26.2.21
C. Repeal Sections 3.7: Defmitions: SERVICE STATION; 25.1.3; 25.1.4; 25.1.5; 26.2.12; 26.2.13;
26.2.15; 26.2.18
Designated as Docket No. 160-01 OA, the hearing will be held on Tuesday, January 15,2002, at
7:00 PM in the Council Chamber, Carmel City Hall, One Civic Square, Carmel, IN 46032.
Availability of Information: The file for this proposal (Docket No. 160-01 OA) is on file at the Carmel
Department of Community Services, One Civic Square, Carmel, Indiana 46032, and may be
viewed Monday through Friday between the hours of 8:00 AM and 5:00 PM.
Public Testimony: Any written comments or objections to the proposal should be filed with the Secretary of
the Plan Commission on or before the date of the Public Hearing. All written comments and
objections will be presented to the Commission. Any oral comments concerning the proposal will
be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the
hearing may be continued from time to time by the Commission as it may fmd necessary.
Ramona Hancock, Secretary
Carmel/Clay Plan Commission
Dated: December 21,2001
'"
Fax
To:
Fax:
Phone:
Re:
CITY OF CARMEL
Department of Community SelVices
One Civic Square
Carmel, IN 40032
(317) 571-2417
Fax: (317) 571-2426
Pages:
Date: /2- 2 J
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AN ORDINANCE 0
CI
Sponsor: Councilor Wayne Wilson
"--
OMMON COUNCIL OF THE
ARMEL, INDIANA
(Descriptien €If the effect €If 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
Carmel, Indiana, as follows:
Section I:
a. Amend Section 2.9: Compliance with the Thoroughfare Plan te read:
2.9 Cempliance with the Theroughfare Plan.
All prejects and Improvements under the jurisdictien €If this Ordinance shall cenferm with the
terms €If the Thereughfare Plan in regard te public dedicatien €If proper rights-ef-way and in
regard to setback and any other affected development standards.
b. Amend Section 3.7: Definitions: HOME OCCUP AT/ON te read:
HOME OCCUPATION. An Accessory Use conducted in a Single-, Two- er Multiple-family Dwelling
which is clearly incidental and secondary to the use €If the Dwelling for dwelling purposes. (see
also Section 25.18)
1. elearly incideRtal aaa seeonaary to the Hse €If the Gwelliag far dwelling purpases,
utilizing ao mare than fifteen flereeAt (I 5%) €If the tatal floor area of the dwelliag;
2. daes Bot ehaBge the eharaeter €If the dwelliBg; aad
3. €If 'lIhieh there is Ba iBdieatioB Hom the exteriar that the dwelliBg is beiBg utilized in
vmole or in flart far aa)' flurpase ather thaa a Gwelling
and further that:
I. the Hame OeeapatiaB is eandHetea '.vholly withiB the dwelling, aad there is no outsiae
Boise, eder, smoke or vibratioB;
2. there is Be autside storage ar aisplay of materials ia eonneetion with the Home
OceHpatieB;
3. BO aBe eutsiae afthe immediate family shall be e~loyed;
4 . Ba sigBs ether than those nermally permitted in the distriet iB 'Shieh the Home
OeeupatioB is loeated;
5. BO eommodity is saId OB the premises ather than that prepared on the premises;
6. the delivery ef aBY materials fer the Heme Ossll~atieB will Bet exeeea tV/e trips ~er day
by aRY vehiele Bet e'llBed by a family member; and
7. the meeeaaieal eqHipmem llsed fer the Heme Osel:lpatioa is ellstomarily lJSea fer
domestie plJl]:)oses aaa is ef a size aRa type that is similar te aomestie meehaaieal
eqeipmem er is elJstemarily fellaa iB a bllsiaess eftiee.
A Home Oeel:lpatieB shall Bet iaslllde:
1. barber shep;
2. !:lea-lity parler;
3. aatiqlle er gift: seep;
1. tea reem er the serving ef foed er eeveFages;
5. aaimal he spital er semmersial keDBel;
6. photegFaphie stHdie;
7. alltemeeile repair ether thaB vehiele owaed !:ly meml:lers efthe immediate family;
8. m~er at3pliaaee repair er servises; aad
9. any preeessiag er mamifaetlJriBg that pre911ees aexiells materials er preduets.
.^. Home Oeel:lpatiea iBell:ldes I:mt is Bet limitea te the f-ellewiBg:
1. art stHdio;
2. dressmaking;
3. effiee ef aB arehiteet, eBgiaeer, deeter, demist, lavl)'er or aeeelHltaRt;
1. effiee ef a sales reflreseatative; aRd
5. teaehiag, iaeludiag mllsieal instrumeBts or daaeiag bm limited te eae 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.
ST.^.TION, SERVICE. :\BY plaee ef bllsiBess with pl:llBpS aaa oodergrel:lad sterage tanks ha-'/iag as its
pllFflese the reffiil servieiBg ef moter vehieles with fuels aRd IU9rieaRts, iBsludmg mmer repairs
and iasfleetieas iaeidemal therete bm Bet inellJdiBg a geaeral repair shefl, pam or hedy shep,
maehiBe shep, 'lI:Ileanizing shell er aB)' elleratiea requiriBg the remeval er mstallatieR of a
radiater, eagine, eylmder heaa, eranksase, traasmissieB, differemial, feader, deer, hllmper, grill,
glass er ether eed)' part, er aay hedy repairing er paiBtiag.
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 +he sideEsj 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.eeessary uses aad stmetures are pemlitted 1:Hlaer the following
eaaditions:
I. They do nat alter or ehaRge the eharaeter efthe premises;
2. They are an t-he same lot as the priaeipal strnetur-e ts '.'.'hieh they are aeeessory;
3. They are not attaeoed to the prineipal strneture, wHh the exeeption sf an
allowable unifuml aBd eoatilRlous reof supperted by eustomary sl:lf'ports or
joists, and ns other eeooeetion or attaehment bet\':een the stmetures exists;
4. They are not ereeted prier to the ereetien efthe prineipal building;
5. They do net exeeed eighteen (18) feet ill height;
6. When detaehed from the priBeipal beilding, they are set baek seyeBty five (75)
feet or more from the front lot line. Cemer lots aad tm-segh lats are exemtlt
fram this pfJFagraph 6;
7. \Vhen closer than ten (19) feet to a main building, they shall be eansidered as
part af the main I:luilding aRd shall be provided '.'lith the side and rear yards
reqHired fer the main building; aRd,
8. 'II/hen mare than ten (19) feet from a main building, they may be ereeted wit-hin
fi'ie (5) feet, ar easement plus three (3) feet, ef a side er rear lot line, but nat
within ~' 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 Ch6fJ1er 25 fur additional
regulatians.)
Same as S I Distriet reg-l:llations ef Seett8R 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 OI6fJ1er 25 fur additianal
regulatians. )
Same as S I Distriet regulatians ef See/i81'1 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 Chtlpter 25 fer additienal
regl:llatiens. )
Same as S I Distriet regulations ef Seetiel'l 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 ChEJp1er 25 f-or additional
regulatiens. )
Same as S I Distriet regulations ef &JetteR 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 Chap~ 25 for aciditieB:al
reg\:llatioRs. )
Same as 8 I Distriet reg\:llations ef Sec-tiafl 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 Chapter 25 for additioaal
reg\:llatiens. )
"^.eeessery 1:Ises er b1:lildings e1:lstomarily aad p1:H"ely iB:eideB:ta1 to the 1:Ises allowed in this distriet
are permitted.
m. Adopt Section 12. O. 2: Plan Commission Approvalto read:
12.0.2 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Desie:n. Exterior Lie:htine:. Landscapine: and Sie:nae:e. To insure the
compatibility 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. See also Section 25.1. (s0e Chapter 25 fer additional
reg1:1latiens. )
"'\eeessery 1:Ises er b1:lilElings el:lstemarily aad p1:H"ely iB:eideBtal to the 1:Ises allewed 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 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-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 Buildings and Uses. See also Section 25.1. (see Ch{;lpror 25 for additiooal
regalatioos. )
f.eeessory llses or l:mildiogs ellstomarily aod fl\:Wely ioeideRtal to the llses allewed iR this district
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 Desilm. 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-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
Sign age (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: Ne8e
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 Permitted Special Uses: (See Chapter 21 for additional regulations.)
COl:latry ehlb
Gelf eel:lfse
Ml:dtiple family dwelling
Single family dwelling
Twe family dwelliag
Any Use Permitted in the B 2 Diskiet (Seeti81l 13.1) exeept:
Cemmereial wareh91:lse sterage
CeBtraeters sterage faeility
Extermiaatiag shop
Feed store
Feed preooets diskial:ltiag statien
Grain elevater
Home eeel:lJlatien
J ewelr)' stere
Maehiae shop
Pewer traRsmissien line
Sheet metal shep
Sign shep
Speeialized eoRtraeter shop
Welding shep
Any Special Use permitted in the B-2 District (Section 13.2) except:
Commercial sanitary landfill or refuse dump
Commercial sewage or garbage disposal plant
Junk or material and/or salvage yard
Outdoor theater
Penal or correctional institution
Race track
Raising and breeding of non-farm fowl and animals
t. Amend Section 14.3: Accessory Buildings & Uses to read as follows:
14.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additioaal
regalatioBs. )
f.eeesser)' lises eT eliildiBgs elistemarily and purely ineideatal te the lises allowed in this distriet
are permitted.
u. Amend Section 15. O. 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 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.
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 additieRal
regHlatieRs. )
:\eeessory ages er !laildings e\:l!Jtemarily aRd pmely iaeiaeRtal t9 the ages alle'.vea Hi this distriet
are permmed.
x. Adopt Section 16.0.2: Plan Commission Approval to read:
16.0.2 Plan Commission Aooroval.
A. Development Plan. Not required.
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-5
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 Buildings and Uses. See also Section 25.1. (see Chapter 25 fer additieaal
regHlatieRs. )
Aeeessory uses aad straetW"es are permitted Wlder the fellewing eeRditieRs:
1. do Ret alter the eharaeter ef the premises;
2. are OR the same let as the prHieipal straeture te whieh they are aeeessory;
3. are Bet attaehea to the priReifal struetme with t-he exeeptiaB af as allevlallle ooiform afla
eoatimial:ls reef, s\:lflported ey eastamary s\:lflflarts ar joists and Be at-her eaBBeetieB ar
attaehmeat eetweeB the struetures;
4. Bet ereetea prier to the ereetion of the priBeipal bailding;
5. wRen detaehea fram the priReipal bl:lilaing, set baek se'/eat)' five (75) feet ar mare from
the frent lat liRe;
6. laeated iR a side or rear yard bm may Bet oee\:lflY mere thafl thirty pereeat (30%) afthe
side er rear yard;
7. when eloser t-han ten (10) feet to a main bl:lilding shall be eaBsiaered as part of the maiB
builaing and shall be pravided with the side and rear yards reqaired far the maiB
building; and
8. ",:hen more than ten (19) feet from a maiB buildiBg may be ereeted within five (5) feet, or
easemeat plas three (3) feet, af a side or rear let liRe, bm Bet ...:ithiB my easemeat ar
reqaired landseapea ar greeooek 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 Approval to read:
17.0.2 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-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 Chapter 25 for additional
regHlatioBs. )
"^.esessory ases ar baildings eHstamarily and pmely iBcideBtaI to the uses allowed iB this distriet
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 Desilm. 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-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:
1. 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 Plan Commission shall examine each proposal in relation to the
health, safety and general welfare of the community and particularly nearby residential
areas. The Plan 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 Accessorv Buildings and Uses. See also Section 15.1. (see Chapter 25 far additioaal
regHlations.)
Accessory Buildings and Uses aRd stnletures 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 Bet alter the eharaeter ef the premises;
2. are eB the same let as the prineipal stnlemre te '.vhieh they are aeeessery;
3. are Bet attaehed te the priBeipal stnlemre with tee eKeeptieB ef aR allewaele lHliferm aRd
eeatiRl:leas reef, sl:lflperted by eastemar)' sl:lflperts er jeists aod oe ether eeBBeetieR er
attaehmeat bet\veeR the stnletures;
4. Ret ereeted prier te the ereetieR ef the priBeipallmildiRg;
5. 'lYheR detaehed Hem the prineiflal baildiRg, set baek seveRt)' fiye (75) feet er more Ham
the Heat lat liRe;
6. laeated iH a side ar rear yard bl:lt ma)' Bat oeel:lfl), mare teaR thirty pereeat (39%) of the
side ar rear )'ard;
7. vlheB eleser thaR teB (19) feet ta a maiR baildiBg shall be eeRsidered as part efthe maiB
bail ding aRd shall be provided w~ the side and rear yards reCIHked fer the maiR
bail ding;
&. wheR mere thaR teR (19) feet Hem a maiR baildiRg ma)' be ereeted 'lIithiR five (5) feet, or
easemeRt pIHs three (3) feet, ef a side er rear lot line, but Bot withiH im)' easemeRt or
reqliired laRdseafled er greenbelt area; aod
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. 0.3: 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 Desil!n. Exterior Lil!htinl!. Landscapinl! and Sil!nal!e. To insure the
compatibility of the proposed use with adjoining areas, the Plao 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 Plao 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 Buildings and Uses. See also Section 25.1. (see Ch<<prer 25 fer additienal
regalatieos. )
Accessory Hses--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 Accessory Buildings and Uses. See also Section 25.1. (see c.'1apter 25 f-or additional
regHlatiens. )
Aeeessary Uses ar BaildiBgs eastemarily aad pW'ely ineideBtal to the ases allewed in this distriet
are permitted.
al. Amend Section 20B.3: Accessory Buildings & Uses to read as follows:
20B.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 fur additional
regHlations. )
i\e()eSsory Uses or BaildiBgs ()astomarily aad pW'ely in()ideatal t8 the ases allowed iB this distri()t
are permitted.
aJ. Amend Section 20C.3: Accessory Buildings & Uses to read as follows:
20C.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additioaal
regalatioRs. )
f.()eessory Uses or BaildiBgs ()\lst8marily aad pW'ely ineideBtal to the ases a1l8wed is this district
are permitted.
ak. Amend Section 20D.3: Accessory Buildings & Uses to read as follows:
20D.3 Accessory Buildings and Uses. See also Section 25.1. (see Chapter 25 for additiesal
regHlatiofls. )
l\ceessory Uses or BaildiBgs cast8marily asd pW'ely iseideatal te the \lses allo,::ed iB this aistriet
are permitted.
al. Amend Section 20E. O. 3: Approval of Development Plan to read:
20E.0.3 Approval of Development Plan
In conjunction with its application to ~ 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 fmal 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 Ch&pter 25 for additienal
regulatieas. )
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 Chapter 25 fur aaditional
regulatiens. )
Trash enclosures designed in accordance with Section 20F.6.2 shall be the only Accessory
Buildings permitted unless otherwise authorized shall not be allewed eKoept 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 Yatdto read:
23A.2 Minimum Front Yard
The miniHHlm HeRt yard shall be eRe lmadred tweety (12Q) feet.
A. Residential Zones: thirty (30) feet.
B. Business. Industrial. and ManufacturiDl! Districts and/or Uses: one hundred twenty
(120) feet.
aq. Amend Section 23A.5: Plan Commission Approval to read:
23A.5 Plan Commission Approval.
A. DeveloDment Plan. Not required.
B. Architectural Desil!n. Exterior Lil!htinl!. LandscaDinl!. Parkinl!. and Si2nal!e.
~
"
1. Prooertv Zoned and Used for Simde- and Two-Familv Dwellinl!s.
Architectural Design, Exterior Lighting, Landscaping, Parking, and
Signage (ADLS) not required.
2. Multi-Familv. Business. Industrial. and Manufacturinl! Districts and/or
Uses. PlaB Commission approval of the LaadseapiBg Plaa, ParkiBg Plaa,
Lighting Plaa, and :\rehiteetural Design Architectural Design, Exterior
Lighting, Landscaping, Parking, and Sign age (ADLS) is required. If a
Parent Tract is located both inside and outside of the State Highway 431 -
Keystone Avenue Corridor Overlay Zone, ADLS approval is required for the
entire Parent Tract to be developed.
ar. Amend Section 23A.6: Other Requirements. to read:
23A.6 Other Reauirements.
A. Primarv Zoninl! Districts. All other requirements not mentioned in this Section shall
remain as stated for that primary zoning classification district mapped.
B. Conflictinl! Ordinances. Wherever there exists a conflict between the requirements
of the U.S. 31/Meridian Street Overlay Zone and those of the State Highway
431/Keystone Avenue Corridor Overlay Zone, the requirements for the U.S.
31/Meridian Street Corridor Overlay Zone shall govern.
as. Repeal Section 25.1.3.
25.1.3 /'. private resideatial gafage Sf aeeessory buildiag shall aot eKeeed the liviBg area of the primary
stmeture. The eombiaed sElllare feotage of the resideat, garage and aeeessory buildiBg shall aot
exceed the maximwn thirty five pereent (35%) lot eoyerage allowed.
at. Repeal Section 25.1.4.
25.1.4 Filling statioa pwnps aad light staadards may be loeated iB the required Hoat yard, bet aot v;ithia
thirty (30) feet aflaad whieh is lIsed or zaaed fer resideatial lIse.
au. Repeal Section 25.1.5.
25.1.5 Trash reeeptaeles mllst be eaelased iR all eammereial aad iadastrial areas.
avo Amend Section 25.1: Accessory Building & Uses to read as follows:
25.1: Accessory Buildings & 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:
I. Accessory Buildings and Uses shall not alter or change the character of the
premises;
v
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. Heil!ht. 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 Alley, 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 ManufacturiDl! 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. Timine::
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. Heie: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 Coverae: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 Manufacturine: 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 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.
ax. Amend Section 25.13: Towers; .1: Development Standards; (1): Zoning to read as follows:
25.13.1 Development Standards:
I.
Zoning.
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.
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 (I) 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.
B.
ay. Adopt Section 25.18: Home Occupation to read:
25.18: Home Occuoation.
25.18.1 Standards Generallv.
A. Floor Area: Home Occupations shall utilize no more than fifteen percent
(15%) of the gross floor area of the dwelling.
B. Character:
I. 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;
o
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. Emolovees. 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. EQuioment. 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. J 9: Automobile Filling and Automobile Service Stations.
25.19 Automobile Fillim! and Automobile Service Stations.
A. Generallv.
1. Setback.
a. Princioal Buildinl!. Per primary zoning district.
b. Pumos and Pumo Islands. Minimum thirty (30) feet from
residentially zoned or used property. May not be located within
required yards.
c. Accessorv Buildinl!s and Uses. See Section 25.1.
2. Lil!htinl!.
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 Fillinl! Station.
C. Automobile Service Station.
ba. Amend Section 26.2.2 to read:
26.2.2 Corner Lots.
A. OR Carner 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.
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 gaFage is eBtered Hem an alley, it must be kept three (3) feet Hem the alley easement
liae.
be. Repeal Section 26.2.13.
2ti.2.13 OR cemer lots the miRimum buildable width ef tweRty eight (28) feet for maiR buildings is
redueed to twenty tV/e (22) feet fer aeeessery buildiRgs. IR additieR, Re tewer may be ereeted
behveeR a priRcipal building and a street, eKeept iR the reEfHired side yard iR MaoufaeturiRg er
IRdustrial Districts.
bd. Repeal Section 26.2.15.
2ti.2.15 FilliRg statieR pumps aRd pump is laRds may eeeHflY reEfHired yards previded, hewever, that they
are Ret less thaa thirty (30) feet Hem all resideRtiallets.
be. Repeal Section 26.2.18
26.2.18 Where a reversed iRterier let abuts a cemer let, er an alley separating sueR lets, aa aeeessery
buildiRg leeated eR the rear let liRe Elf a eemer let shall set baek Hem the side street as far as the
dwelliRg eR the reversed iRterier let. Fer eaeh feot that sHeR aeeessery buildiRg is 13laeed Hem the
rear let liRe teV/ard the frent let liRe Elf the eemer let, the aeeessery buildiRg may be set feW' (4)
iRehes ",Ieser te the side street liRe, eut iR Re ",ase ",leser than five (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 prevision 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 prevision
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 _ day of
2002, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
John R. Koven
Kevin Kirby, President Pro Tempore
N. L. 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 _ day of
2002, at .M.
James Brainard, Mayor
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