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CERTIFICATION OF THE CARMEL/CLA Y
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
TO AMEND THE CARMEL/CLA Y ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-369-02
To:- The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the application (Docket No. 160..{)1 OA) of the City of
Carmel Department of Community Services petitioning the Commission for a favorable recommendation to amend Sections 2.9:
Compliance with the Thoroughfare Plan; 3.7: Definitions; 5.3: 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; 12.0.2: Plan Commission Approval; 12.3: Accessory Buildings & Uses; 13.0.2: Plan
Commission Approval; 13.3: Accessory Buildings & Uses; 14.0.2: Plan Commission Approval; 14.1: Permitted Uses; 14.2:
Special Uses; 14.3: Accessory Buildings & Uses; 15.0.2: Plan Commission Approval; 15.0.3: Minimum Tract Requirements;
15.3: Accessory Buildings & Uses; 16.0.2: Plan Commission Approval; 16.3: Accessory Buildings & Uses; 17.0.2: Plan
Commission Approval; 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: Plan Commission Approval; 19.0.3: Minimum Tract Requirements; 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; 20G.5.2(A)(2): Accessory Buildings; 23A.2: Minimum Front Yard;
23A.5: Plan Commission Approval; 23A.6: Other Requirements; 25.1: Accessory Building & Uses; 25.7.01..2: Definitions;
25.7.01..3(1); 25.7.01..4: Prohibited Signs; 25.12.1(7); 25.13: Towers; 25.18: Home Occupation; 25.19: Automobile Filling and
Automobile Service Stations; 26.2.2: Corner Lots; 26.2.12; 26.2.13; 26.2.15; 26.2.17; 26.2.18; 27.2.5; and 31.3: Conflicting
Ordinances of the Carmel/Clay Zoning Ordinance:
The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is FAVORABLE.
At its regularly scheduled meeting of February 19,2002, the Carmel/Clay Plan Commission voted ten (10) in Favor,
zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-369-02
with a Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36..7-4..
607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the
Commission. Ninety days from the date of this Certification is Thursday, May 30,2002.
RECEIVED
Dated: March 1, 2002
flWt - I 2002
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MEMORANDUM
TO: Carmel City Council
FROM: The Department of Community Services
SUBJECT: Items forwarded by the Plan Commission for action by the City Council
DATE: March 8,2002
Please find information on several rec6mmendations made by the Plan Commission included
within this report. These items will appear on your March 18th Agenda. Tabs organize the
report, as follows:
1. Z-369-02, Amendments to the Zoning Ordinance
(New provisions & corrective amendments)
PC Docket No. 160-01 OA (Text Amendment)
2. Z-372-02, Amendments to the C-lICity Center Chapter of the Zoning Ordinance
PC Docket No. 3-02 OA (Text Amendment)
3. Z-373-02, Amendments to the C-2/0Id Town Chapter of the Zoning Ordinance
PC Docket No. 4-02 OA (Text Amendment)
4. Z-374-02, Old Town Overlay Zone
PC Docket No. 96-01 Z (Text Amendment)
5. Z-375-02, Home Place Overlay Zone
PC Docket No. 135-01 Z (Text Amendment)
6. Z-376-02, Lumber Yard Mall Rezone
PC Docket No. 2-02 Z (Rezone)
7. Resolution No. CC-03-18-02-01, Home Place Comprehensive Plan Policies
PC Docket No. 136-01 CPA
(This information has also been provided under separate cover in your Council packet)
The information has been arranged in the following format:
1. First page(s) include brief description of Ordinance (Resolution) and background
information.
2. Copy of Ordinance (Resolution). Copied on yellow paper.
3. Copy of Plan Commission Certification. Copied on blue paper.
Council Report 2002-3-8.rtf
CARMEL CITY COUNCIL
March 18,2001
1. Z-369-02, Amendments to the Zoning Ordinance
(New provisions & corrective amendments)
PC Docket No. 160-01 OA (Text Amendment)
The petitioner seeks to add new provisions and make several corrective amendments
to the Zoning Ordinance.
Filed by the Department of Community Services.
Please take time to review these amendments and call or forward any questions to the
Department prior to the meeting so we may be prepared to address any questions at the
Council meeting and for the Committee.
The Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a
unanimous (10-0) Favorable Recommendation (see enclosed certification).
The Department recommends that this item be forwarded to the Annexation and Land
Use Committee for review and that the Council adopt the Ordinance upon receiving a
recommendation from the committee.
Brief des~ription and ha~kgrollnd 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 Cannel/Clay 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-
llResidence and subsequently cross-referenc~d 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
Council Report 2002-3-8.rtf
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-lI, B-2/, and B-5/Business
Districts.
Seventh, ~s adds both Development Plan and ADLS requirements to the B-3/Business
District. These replace the Special Use requirement, which is amended per ~t and ~u.
Eighth, ~w and ~ab 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 ~ac 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, ~ae explicitly states the currently existing Development Plan and ADLS
requirements of the B- 7/Business District.
Tenth, ~ag and ~ah 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, ~ao, ~ap, and ~aq 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, ~as and ~bf repeal language moved to Section 25.19: Automobile Filling and
Automobile Service Stations per ~bb.
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, ~az adopts Tower setback language into Section 25.13.1 that is being
removed from Section 26.2.17 per ~bg.
Fifteenth, ~bc amends Section 26.2.2 regarding Comer Lots, adopting language being
repealed from Section 26.2.13 per ~be.
31.3.
Finally, ~bj addresses conflicts within the Zoning Ordinance, and reformats Section
Council Report 2002-3-8.rtf