HomeMy WebLinkAboutDept Report 12-17-02 w/ordinance
CARMEL/CLAY PLAN COMMISSION
DEPARTMENT REPORT
December 17, 2002
10h. Docket No. 162-02 OA; 163-02 CPA
Amendment to the Carmel/Clay Zoning Ordinance - Agricultural District
Amendment to the Carmel/Clay Comprehensive Plan - Agricultural District
The petitioner seeks to add a new zoning district to the Zoning Ordinance.
Filed by the Department of Community Services.
The Common Councils' Annexation and Land Use Committee have forwarded these items to the
Plan Commission. Councilor Snyder will be present at the meeting to speak on these matters.
The first item is an amendment to the Cannel/Clay Comprehensive Plan to establish policies for
agricultural uses. The second item is an ordinance amendment adopting the AG-l/ Agricultural
zoning district. Please find these documents e~.
"1t1J'k.web .
The Department recommends that this item be forwarded to the Special Studies Committee
on January 7th for further discussion.
DOCKET NO. 163-02 CPA
An Amendment to add the following section to the Carmel/Clay Comprehensive Plan:
Agricultural District Policies
In the rapidly developing community of Carmel/Clay, the need to protect the interests of
those that wish to preserve their agricultural land use and do not have the intention to
allow their property to be developed is imperative. The preservation of agricultural areas
provides for greater community open space and conservation of valuable natural
resources. Agricultural land can be used for the cultivation of crops and/or the raising of
animals, such as horse farms.
In determining if a property can be reasonably considered agricultural and is appropriate
to be rezoned to the AG-l/ Agricultural District classification, the following factors
should be considered:
1. Historical use of the property.
2. Current and proposed future use of the property.
3. Features of the property that make it suitable for agricultural use including but
not limited to woodlands, wetlands, soils, and the size and configuration of the
land.
4. Relationship to adjacent land uses, such as commercial areas or developed
subdivisions.
5. Relationship to other aspects of the Comprehensive Plan, including, but not
limited to, economic development and the Thoroughfare Plan.
Ordinance No.
Page 1 of 6
SPONSOR(S): Councilor Snyder
ORDINANCE NO. Z-4##-03
AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF CARMEL, INDIANA, ADOPTING
CHAPTER 201: AG-lIAGRICULTURE DISTRICT INTO
THE CARMEL/CLAY ZONING ORDINANCE
WHEREAS, pursuant to Indiana Code 36-7-4, the ~ommon Council has lawfully
adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting
of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay
Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10
ofthe Carmel City Code; and
WHEREAS, pursuant to Indiana Code Sections 36-7-4-601(d) and 36-7-4-201(b), the
Common Council is authorized and empowered to establish zoning districts for agricultural and
other uses; and
WHEREAS, the Common Council now wishes to create and adopt an agricultural zoning
district to promote the general welfare, to recognize the needs of agriculture within the
community, and to better plan for the future development of Carmel and Clay Township.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Carmel, Indiana, that:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. The Zoning Ordinance is officially amended to add the following Chapter:
201.0 AG-lIA2:riculture District.
201.0.1 Purpose and Intent:
The purpose of this district is to recognize and address the needs of agricultural
lands and activities located in rapidly developing areas. It is the intention of this
district to preserve and conserve prime agricultural land and protect existing open
areas from this encroachment.
201.1 Permitted Uses:
Agriculture, General
Dwelling, Single-Family
Horse Farm
Kennel, Residential
Prepared by Douglas C. Haney, Carmel City Attorney
[eb:mswor~"lordinanceslordinance amcndm<nts\2003 z-4##-03; 162-0200; ag-l agriculture\z-4##-03 ag-l agriculture.rtf: 12111102]
l
Ordinance No.
Page 2 of 6
SPONSOR(S): Councilor Snyder
Home Occupation
201.2 Special Uses (See Chapter 21 for additional regulations):
Antenna (if visually integrated with or camouflaged on or within a structure other
than a Tower)
Antenna, Dish-Type Receiving
Artificial Lake (not pfU1 of a plat)
Campground
Cemetery
Residential Greenhouse
Commercial Greenhouse
Golf Course
Kennel, Commercial
Plant Nursery
Power transmission line, in excess of 129 KV A
Private airplane or helicopter service facility
Airport or Airstrip
Private recreational development or facility (indoor and/or outdoor)
Heliport
Private water treatment and/or storage facilities
Radio or television transmission tower
Raising and breeding exotic animals
Roadside Sale Stand
Veterinary Hospital
201.2.1 Minimum Area Requirements.
Use
Minimum Area
(Acres)
10
10
30
Commercial Greenhouse
Plant Nursery
Cemetery
201.3 Accessory Buildings and Uses: (See Chapter 25 for Additional Regulations)
Prepared by Douglas C. Haney, Carmel City Attorney
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Ordinance No.
Page 3 of 6
201.4
Section 4.
SPONSOR(S): Councilor Snyder
Height and Area Requirements: (See Chapter 26 for additional regulations)
201.4.1 Maximum Height:
A. Principal Building: thirty-five (35) feet
B. Accessory Building: twenty-five (25) feet
C. Agricultural Building: fifty (50) feet
201.4.2 Minimum Lot Area: Five (5) acres
201.4.3 Minimum Lot Standards:
A. Minimum Front Yard: fifty (50) feet
B. Minimum Side Yard: fifty (50) feet (See also Section 26.1.1)
C. Minimum Rear Yard:
1. Principal Building: fifty (50) feet
2. Accessory Building: fifty (50) feet
3. Agricultural Building: fifty (50) feet
D. Minimum Lot Width: three hundred (300) feet
E. Maximum Lot Coverage: fifteen percent (15%) oflot
F. Minimum Ground Floor Area:
1. One-story Dwelling: one thousand (1,000) square feet
2. Two- or more story Dwelling: eight hundred (800) square
feet
G. Minimum Lot Frontage: three hundred (300) feet on a publicly
dedicated Street.
Amend Section 3.7: Definitions to adopt the following:
AGRICULTURAL BUILDING. See BUILDING, AGRICULTURAL.
ANIMAL, DOMESTIC. An animal that is tame or domesticated and not normally
found in the wild state.
ANIMAL, EXOTIC. Any wild animal not customarily confined or cultivated by man
for domestic or commercial purposes but rather kept as a pet or for display.
ANIMAL, FARM. Any animal that customarily is raised for profit on farms and has the
potential of causing a nuisance if not property maintained.
BUILDING, AGRICULTURAL. Any building or structure customarily used In
connection with a Farm other than a Dwelling.
Prepared by Douglas C. Haney, Carmel City Attorney
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Ordinance No.
Page 40f 6
SPONSOR(S): Councilor Snyder
DOMESTIC ANIMAL. See ANIMAL, DOMESTIC.
EXOTIC ANIMAL. See ANIMAL, EXOTIC.
FARM ANIMAL. See ANIMAL, FARM.
FARM, HORSE. A building or structure and/or land whose operator keeps equines
primarily for breeding and boarding and which operation mayor may not be
incidental to the owner's primary occupation. A horse farm includes related
equestrian trails.
HORSE FARM. See FARM, HORSE.
Section 5. The following Primary Zoning District shall be added to Section 4.1 of the
Zoning Ordinance:
AG-lI Agriculture District
Section 6. All City ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date
of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance
does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to
the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and
penalties shall be imposed and enforced under such repealed or amended ordinance as if this
Ordinance had not been adopted.
Section 7. Should any provision or portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected
so long as they can, without the invalid provision, be given the effect intended by the Common
Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable.
Section 8. This Ordinance shall become effective upon proper passage, signing by the
Mayor and such publication as is required by law.
Ordinance No. Z-4##-03 PASSED by the Common Council of the City of Carmel,
Indiana, this _ day of , 2002, by a vote of ayes and
nays.
Prepared by Douglas C. Haney, Carmel City Attorney
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Ordinance No.
Page 5 of 6
SPONSOR(S): Councilor Snyder
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer
Kevin Kirby
Wayne A. Wilson, President
John R. Koven
Robert Battreall
N. L. Rundle
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by Douglas C. Haney, Carmel City Attorney
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Ordinance No.
Page 6 of 6
SPONSOR(S): Councilor Snyder
Ordinance No. Z-4##-03 Presented by me to the Mayor of the City of Carmel, Indiana,
at o'clock _. m. on this _ day of , 2002.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-4##-03 Approved by me, Mayor of the City of Carmel, Indiana, at
o'clock _. m. this day of ,2002.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by Douglas C. Haney, Carmel City Attorney
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