HomeMy WebLinkAboutApplication
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Fahey, Joyce D
From:
Sent:
To:
Subject:
Dobosiewicz, Jon C (-
..wednesday, November 13, 20024:32 PM r!Ju'
Lillig, Laurence M; Lawrence, Kelli A; Hollibaugh, Mike P; Fahey, Joyce D
FW: Docket Number Assignment - OA; Amendments to the Carmel/Clay Zoning Ordinance -
Agricultural District
The message I sent before indicated Patch #4 in the subject line.
It should read Agricultural District.
Thanks,
Jon
-----Original Message-----
From: Dobosiewicz, Jon C
Sent: Wednesday, November 13, 2002 4:22 PM
To: Tingley, Connie S
Cc: Ullig, Laurence M; Lawrence, Kelli A; Hollibaugh, Mike P; Fahey, Joyce D
Subject: Docket Number Assignment - OA; Amendments to the Carmel/Clay Zoning Ordinance - Patch #4
Connie,
Please print this e-mail and set up a folder for the following Ordinance Amendment (small expandable). I have
issued the necessary Docket Number for the Amendment to the Carmel/Clay Zoning Ordinance -
Agricultural District. It will be the following:
162-02 OA $0
Total Fee: $0
Docket No. 162-02 OA;
Amendment to the Carmel/Clay Zoning Ordinance - Agricultural District
The petitioner seeks to add a new zoning district to the Zoning Ordinance.
Filed by the Department of Community Services.
Please note the following:
· Published Public Notice needs to occur no later than Friday, November 22,2002. Published notice is required
within the Indianapolis Star.
· Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than noon, Friday, December 6, 2002. Failure to submit Informational Packets by this time will result in
the tabling of the petition to the Tuesday, January 21,2003, agenda of the Plan Commission.
· Proof of Notice will need to be received by this Department no later than noon, Monday, pecember 16, 2002.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
· This Item will appear on the December 17, 2002, agenda ofthe Plan Commission under Public Hearings.
· This Item may also appear on the January 7, 2002, agenda of the Plan Commission Special Studies
Committee.
Once the file is updated (copy filed and file labeled on cover and internal files) please return the file to Kelli.
Thanks,
1
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.!!!!iJ1ey, Connie S
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From:
Sent:
To:
Cc:
Subject:
Dobosiewicz, Jon C
Wednesday, November 13, 20024:22 PM
Tingley, Connie S
Lillig, Laurence M; Lawrence, Kelli A; Hollibaugh, Mike P; Fahey, Joyce D
Docket Number Assignment - OA; Amendments to the Carmel/Clay Zoning Ordinance - Patch
#4
Connie,
Please print this e-mail and set up a folder for the following Ordinance Amendment (small expandable). I have
issued the necessary Docket Number for the Amendment to the Carmel/Clay Zoning Ordinance -
Agricultural District. It will be the following:
162-02 OA $0
Total Fee: $0
Docket No. 162-02 OA;
Amendment to the Carmel/Clay Zoning Ordinance - Agricultural District
The petitioner seeks to add a new zoning district to the Zoning Ordinance.
Filed by the Department of Community Services.
Please note the following:
· Published Public Notice needs to occur no later than Friday, November 22, 2002. Published notice is required
within the Indianapolis Star.
· Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than noon, Friday, December 6,2002. Failure to submit Informational Packets by this time will result in
the tabling of the petition to the Tuesday, January 21,2003, agenda of the Plan Commission.
· Proof of Notice will need to be received by this Department no later than noon, Monday, December 16, 2002.
Failure to submit Proof of Notice by this time will result in the tabling ofthe petition.
· This Item will appear on the December 17, 2002, agenda ofthe Plan Commission under Public Hearings.
· This Item may also appear on the January 7, 2002, agenda of the Plan Commission Special Studies
Committee.
Once the file is updated (copy filed and file labeled on cover and internal files) please return the file to Kelli.
Thanks,
Jon
,
1\11~ 01/
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DOCKET NO.I63~02 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~ 1/ 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
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SPONSOR(S): Councilor Snyder
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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 Common 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
of the Carmel City Code; and
WHEREAS, pursuant to Indiana Code Sections 36-7-4-60l(d) and 36-7-4-20l(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-lI Ae: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=word:s:lordinanccslordinance am:ndmen1512003 z-4##-o3; 162-0208; ag-I agriculture\z-4##-03 ag-I agriculture.rtf:12/12/02)
Ordinance No.
Page 2 of6
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SPONSOR(S): Councilor Snyder
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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 part 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
(cb:msword:s:lordinanceslordinance amcndments\2003 z-4##-03; 162-j)2 00; og-I ogriculturelz-4##-j)3 og-I agriculture.rtf:12112102)
Ordinance No.
Page 3 of6
201.4 Height and Area Requirements: (See Chapter 26 for additional regulations)
201.4.1 Maximum Height:
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SPONSOR(S): Councilor Snyder
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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.
Section 4.
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 m
connection with a Farm other than a Dwelling.
Prepared by Douglas C. Haney, Carmel City Attorney
[cb:msword:s:\ordinances\ordinancc amcndments\2003 z-4##-03; 162-0208; ag-l agriculturc\z-4##-03 ag-l agriculturc.rtf:12/12/02)
Ordinance No.
Page 4 of 6
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SPONSOR(S): Councilor Snyder
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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
[cb:msword:s:\ordinanccslordinancc ~ts\2003 z-4##-03; 162-02 oa; ag-1 agriculturelz-4##-03 ag-I agriculture.rtf:I2II2I02)
Ordinance No.
Page 5 of 6
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SPONSOR(S): Councilor Snyder
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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
(cb:msword:s:\ordinances\ordinancc ~ts\2003 z-4##-03; 162-0208; a8-1 agriculture\z-4##-03 ag-l agricultW"e.rtf:I2/12J02]
Ordinance No.
Page 6 of 6
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SPONSOR(S): Councilor Snyder
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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.
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by Douglas C. Haney, Carmel City Attorney
[cb:m;word:s:lordinanccslordinance amcndmcnts\2003 z-4##-03; 162-02 oa; ag-I agriculturclz-4##-03 ag-I agricutture.rtf:12/12/02)
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Ordinance No.
Page 1 of 6
. P SPONSQ): councilo~sn~ ~/!
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J RECFIVED t, ORDINANCE No.D- IfJlOr-.-o2---
~-j NOV 13 20n? :-1
AN iPIN~"OYTmF:COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AME~JNG t'.ittPr~~ ARTICLE 1, DIVISION n, SECTION 10-15 OF, AND ADDING
CHAPT~~~P, .~TI~, DIVISION ill, SECTION 10-51 TO, THE CARMEL CITY CODE
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WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a
zoning ordinance, the terms of which are applicable to the geographic area consisti;ng of the
incorporated area of the City of Cannel, Indiana, and the unincorporated area of Clay Township,
Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Carmel City
Code; and
WHEREAS, pursuant to Indiana Code Sections 36-7-4-60 1 (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 o~cia11y amended to add the following Chapter:
.>_ . ..'. .,:),_',..;:.:'J.':,-i.'.~,-,,~.. '~,.>...'-".'" ,...,-,'~"'-,",.~",. -,
X.O. AG-l Al!ricultural District.
X.O.l Puroose 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.
X.l Permitted Uses:
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Agriculture, General
Dwelling, Single-Family
Horse Farm, and related equestrian trails
Kennel, Residential
Home Occupation
Prepared by Douglas C. Haney, Carmel City Attorney
(eb:mswon\:c:_ and HlliDp\lsayda'doW IettiDpIb:mpIldopt odd ICe IG-S ..... qJicuIluraLdoc:lOI2SI02)
---...\ --.
. Ordinance No.
Page 2 of 6
X.2 Special Uses (See Chapter 21 for additional regulations):
'0
SPONSV): Councilor Snyder
Antenna (If visually integrated with or camouflaged on or within a structure
other than a Tower)
Artificial Lake (not part of a plat)
CampgroUnd
Cemetery
Church, temple, or other place of worship
Residential Greenhouse
Commercial Greenhouse Antenna, Dish-Type Receiving
Country Club
Day Nursery
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
Heliport
Private water treatment and/or storage facilities
Radio or television transmission tower
Raising and breeding exotic animals
Veterinary Hospital
Roadside Sale Stand
X.2.I Minimum Area Reauirements
Use
Minimum Area
(Acres)
10
10
30
Commercial Greenhouse
Plant Nursery
Cemetery
X.3 Accessorvbuildings and uses: (See Chapter 25 for Additional Regulations)
X.4 Height and area reauirements: (See Chapter 26 for additional regulations)
X.4.1 Maximum Height:
A. Principal Building - thirty-five (35) feet
B. Accessory Building - twenty-five (25) feet
C. Agricultural Building - fifty (50) feet
Prepared by Douglas C. Haney, Carmel City Attorney
[eb=-d:c:\doc:umallI1IDlI HlIinpIlSDyda\loc:ol HlIinp\tl:lqlladopt add see 1()'5 ..... ogricuIlunLdoc:lOl25I02)
Ordinance No.
Page 3 of 6
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SPONQ(S): 'Councilor Snyder
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X.4.2 Minimum Lot Area: Five (5) acres
X.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: one hundred fifty (150) 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 Street
H. Maximum Lot Depth to Width Ratio:fourto one (4-1)
Section 4.
The following definitions shall be added to Chapter 3 of the Zoning Ordinance:
Agricultural Building
Any building or'structure customarily used in connection with a farm other than a dwelling.
Farm Animal
Any animal that customarily is raised for profit on farms and has the potential of causing a
nuisance if not property maintained.
Exotic Animal
Any wild animal not customarily confined or cultivated by man for domestic or commercial
purposes but rather kept as a pet or for display.
Domestic Animal
An animal that is tame or domesticated and not normally found in the wild state.
Prepared by Douglas C. Haney, Carmel City Attorney
(eb:tlBWllnl:c:~ and IclliDpIlmyda'Jocal ~Iadapt odd... 10.5 ..... qricaIIunLdoc:lOI2SI02]
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SPO~(S): 'Councilor Snyder
Ordinance No.
Page 4 of 6
Horse Farm
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.
Section 3. All City ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repeale~ 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 4. 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 5. nn.sOidinance shall become effective upon proper passage, signing by the Mayor
and such publication asi~:rciIuire~ by law.
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PASSED by the COIDlIlon Council of the City of Carmel, Indiana, this _ day of
. 2002, b~, a v~te of ayes and nays.
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
Prepared by Douglas C. Haney, Carmel City Attorney
[eb_~ m11c11i1l8l1...,..'I...hellm8lIllll.,lodopudlhec 10.5 ..... qricuIlunLdac:l0/25lO2)
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SPO~(S): Councilor Snyder
Ordinance No.
Page 5 of 6
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by Douglas C. Haney, Carmel City Attorney
[cb:msword:c:\documadI8Dd nuinpllmydorllocal ~Iodopl odd ...10-5 .....l8JicuItunI.cIoc:1012SI02]
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Ordinance No.
Page 6 of6
o
SPON~(S): Councilor Snyder
Presented by me to the Mayor of the City of Cannel, Indiana, at
the _ day of . 2002.
o'clock _' m. on
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Cannel, Indiana, at
day of . 2002.
0' clock _. m. this
James Brainard, Mayor .
ATTEST:
DianaL. Cordray, IAMC, Clerk':Treasurer
'1 .."
Prepared by Douglas C. Haney, Carmel City Attorney
[clI:Im-.l:"""""""- ...heai....\ImydoI\locII1eaiDp\laqI1adapl odd see 10.5 .... qricuJlIInLdoc:lcmJ02)
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WHEREAS, pursuant to Indiana Code 36-7-4, the Common 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 of the Cannel City
Code; and
WHEREAS, pursuant to Indiana Code Sections 36-7-4-601(d) and 36-7-4-201 (b), I 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 Cannel and Clay Township.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Cannel,
Indiana, that:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Chapter 10, Article 1, Division IT, Section 10-15 of the Carmel City Code, be and
the same is hereby amended to include the following primary zoning district:
"AG-1 Agricultural"
Section 3. The remaining portions of Chapter 10, Article 1, Division IT, Section 10-15 are not
affected by this Ordinance and remain in full force and effect.
Section 4. Chapter 1 0, Article 1, Division ill, Section 1 0-51 should be and the same is hereby
added to the Cannel City Code and shall read as follows:
"110-51. AG-1 Aaricultural District.
(a) Purpose and intent: The purpose of this district is to recognize and address the needs of
agricultural lands and activities, particularly when they are located in areas not expected
to be developed for urban uses within the near future. It is the intention of this district to
preserve and conserve prime agricultural land and protect existing open areas from the
encroachment of scattered urban uses that may inhibit the overall development of our
community in conformance with the Comprehensive Plan.
Page One of Five Pages
Prepared by Douglas C. Haney, Carmel City. Attorney .J- "f,.... ~ aa ~
[eb:rmword:z:llaw bUlImy _1onIinanca1amaldcodel2002\adop1 add oec Io-S ..... agricultural.doc:llnl02)
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a SF10NSOR(S): Councilor Snyder
(b) Permitted Uses: Farm uses, including, but not limited to, agricultural crop production
and harvesting; storage and primary processing of agricultural products and the storage
of farm vehicles, farm equipment and farm materials.
Dwelling, Single-Family
Feed Lot
Riding Stable, and related equestrian trails
Roadside Sale Stand
(c) Permitted Special Uses (See Chapter 21 for additional regulations):
Antenna (If visually integrated with or camouflaged on or within a structure
other than a Tower)
Artificial Lake
Farm Equipment (sales and service)
Campground
Residential Greenhouse
Commercial Greenhouse (with minimum area of 10 acres)
Antenna, Dish-Type Receiving
Country Club
Golf Course
Commercial Kennel
Residential Kennel
Mineral Extraction and top soil removal and storage
Plant Nursery (with minimum area of 10 acres)
Borrow Pit (with minimum buffer of 300 feet from any residential district)
Power transmission line, in excess of 129 KVA
Private airplane or helicopter service facility
Airport or Airstrip
Private recreational development or facility
Heliport
Private water treatment and/or storage facilities
Radio or television transmission tower
Raising and breeding non-farm fowl and animals
Veterinary Hospital
(d) Accessorybuildings and uses: (See ~10-90(a) for additional requirements)
(1) Accessory uses and structures are permitted under the following conditions:
a) They do not alter or change the character of the premises;
'b) They are on the same property as the principal building to which they
are accessory;
c) They 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;
d) They are not erected prior to the erection of the principal building;
e) They do not exceed eighteen (18) feet in height;
Ordinance No.
Page Two of Five Pages
Prepared by Douglas C. Haney, Carmel City Attorney
[cb:mswwd:z:lJawle boss\my cIocumcDIs\ordinallcclllarnr:nlkoclel2002\adopl add... 10.5 .....l8riadtunldoc:llnl02j
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Q SPONSOR(S): Councilor Snyder
f) When detached from the principal building, they are set back seventy-five
(75) feet or more from the front lot line;
g) When located ten (10) feet or less from the principal building, they shall be
considered part of said building and subject to the side and rear yard
requirements of same; and
h) When located more than ten (10) feet from the principal building, they may be
erected within the greater of five (5) feet, or easement plus three (3) feet,
from the side or rear lot line, but not within any easement.
(2) A private swimming pool may be permitted as an accessory use. No swimming pool
or its deck shall be located less than ten (10) feet from a property line or a minimum
setback. For purposes of safety, the swimming pool and surrounding area must comply
with all of the requirements of City Code Section 10-30(d)(2), as the same may be
amended from time to time.
(3) Accessory lighting is permitted; however, no lighting shall cause illumination' at or
beyond any lot line in excess of 0.1 foot-candles of light.
(4) Private radio and television reception and transmitting towers and antennas are
permitted subject to applicable local, State and Federal regulations. No such structure
shall be located or permitted within ten (10) feet of a power transmission line.
(5) 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.
(e) Height and area requirements: (See ~10-91 for additional requirements)
(1) ~JHnll"num Lot Size- five (5) acres
(2) Minimum Lot Width - three hundred (300) feet
(3) Minimum Lot Frontage - three hundred (300) feet on a Street
(4) Maximum Lot Coverage - fifteen percent (15%) of lot
(5) , Maximum Lot Depth to Width Ratio - four to one (4-1)
(6) Minimum Front Yard - fifty (50) feet
(7) Minimum Side Yard - fifty (50) feet
(8) Minimum Rear Yard:
a) Principal Building - fifty (50) feet
b) Accessory Building.;... fifty (50) feet
c) Agricultural Building - one hundred fifty (150) feet
(9) Maximum Height:
a) Principal Building - thirty-five (35) feet
b) Accessory Building - twenty-five (25) feet
c) Agricultural Building - fifty (50) feet
(10) Minimum Ground Floor Area:
a) One Story Building - one thousand (1,000) square feet
b) Two or more story Building - eight hundred (800) square feet
(11) Parking:
A minimum of three (3) On-Site Parking Spaces shall be provided
(f) Special Exceptions:
Wireless telecommunications service tower, monopole-type construction only,"
Ordinance No.
Page Three of Five Pages
Prepared by Douglas C. Haney, Carmel City Attorney
[eb:Jl1JWCI1l:z:lIawlo blU\my ___\amaxIoode\20021odap1 oddocc 10.5 ...... ~doc:llnlO2)
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Q SPONSOR(S): Councilor Snyder
Section 5. 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 6. 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 90uncil in
adopting this Ordinance. To this end, the provisions of this Ordinance are severable. .
Section 7. This Ordinance shall become effective upon proper passage, signing by the Mayor
and such publication as is required by law.
PASSED by the Common Council of the City of Cannel, Indiana, this -'- day of
, 2002, by a vote of ayes and nays.
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
Ordinance No.
Page Four of Five Pages
Prepared by Douglas C. Haney, Carmel City Attorney
(ob:JIII_\Iawlobuslmy __IonIOIIdc:ocIe\2002\odop1 add... 10-5 ......gricuIluraLcIoc:llnlO2]
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Q SPONSOR(S): Councilor Snyder
Presented by me to the Mayor of the City of Carmel, Indiana, at
the _ day of .2002.
o'clock _' m. on
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, at
day of. 2002.
o'clock_. m. this
ATTEST:
James Brainard, Mayor
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Diana L. Cordray, li\MC:, 9Ierk~!reasurer
Ordinance No.
Page Five of Five Pages
Prepared by Douglas C. Haney, Carmel City Attorney
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Verry COUNCIL (Original and 12 Co~~), DOCS Jj
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BOARD OF PUBLIC WORKS (Original and 5 Copies)
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ADD-ON
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FUTURE MEETING:
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Ordinance No. .
Page'1 of 5
'0
SPONSOpl-~): Councilor Snyder
U'
- ORDINANCE NO. D-1607-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADDING CHAPTER 201: AG-l AGRICULATURAL DISTRICT TO THE CARMEL/CLAY
ZONING ORDINANCE
WHEREAS, pursuant to Indiana Code 36-7-4, the Common 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 Cannel, Indiana, and the unincorporated area of Clay Township,
Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the 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 an4 empowered to establish zoning districts for agricultural and pther
uses; and
WHEREAS, the COInmon 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 Cannel and Clay Township,
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
.. '.'. . .
Indiana, that:
!. .'. :>-J',.
Section I, 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-l Aericultural District.
201.0.1
, Pwpose 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, and related equestrian trails
Kennel, Residential
Home Occupation
Prepared by Douglas C. Haney, Carmel City Attorney - At The Direction Of Sponsor
{eb:msword:z:'lawl< basslmy doc:umonlS\onIinancalamonclcodcllOO2Iadopt add _ IG-S...,. apU:ullural_1 vonon.doc: IlnI011
Ordinance No. .
Page 3 of 5
-0
SPONOS): Councilor Snyder
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) f~et
2. Accessory Building: fifty (50) feet
3. Agricultural Building: one hundred fifty (150) 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 Street
H. Maximum Lot Depth to Width Ratio: four to one (4-1)
Section 4.
The following definitions shall be added to Chapter 3 of the Zoning Ordinance:
Agricultural Building
Any building or structure customarily used in connection with a farm other than a dwelling.
Farm Animal
Any animal that customarily is raised for profit on farms and has the potential of causing a
nuisance if not property maintained.
Exotic Animal
Any wild animal not customarily confined or cultivated by man for domestic or commercial
purposes but rather kept as a pet or for display.
Prepared by Douglas C. Haney, Carmel City Attorney - At The Direction Of Sponsor
[cb:msword:z:llawle _\my _..lordinancalamondc:odolZOO2\adoplIAld.... 10.5.... qricuhunJ _ Yenaa.doc:llnI02)
Ordinance No. .
Page 4 of 5
'(..)
SPONQ): Councilor Snyder
Domestic Animal
An animal that is tame or domesticated and not normally found in the wild state.
Horse Farm
A building or structure and/or land whose operator keeps equines primariiy for breeding and
boarding and which operation mayor may not be incidental to the owner's primary occupation.
A horse fann includes related equestrian trails.
Section 5. The following Primary Zoning District shall be added to Section 4.1 of the
Zoning Ordinance:
AG-l Agricultural 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 6f this
Ordinance. However, the repeal or amendment by this Ordinance of any other QrdiiJ.ance 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.
PASSED by the Common Council of the City of Cannel, Indiana, this _ day of
, 2002, by a vote of ayes and nays.
Prepared by Douglas C. Haney, Carmel City Attorney - At The Direction Of Sponsor
(eb:msword:z:Uawle bau\my cIocumonlJlorIIinaMa\amonckodel2002ladopt add see 10-5 zone asricultural _I.........d..: IlnlOl)
OrdioaACe Nb. ,-
Page 5 of5
.u
SPONSQ}: Councilor Snyder
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer
Kevin Kirby
Wayne A. Wilson, President
JohnR. Koven
Robert BattrealI
N. L. Rundle
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-T~easurer'
. .:: ,~..,:~, ';::";' - . . '" '. '
'::t(;;EJ!!i0~;:yri"~~'j;~'";~;:"; t
Presented by me to tile. MayOr of the City of Carmel, Indiana, at
the _ day of ; . . {~0.t./'t;;;;", .2~02. .i: . .'
,--:"~~j7'r,':'I~.".:;- "'. ,~'::- ..:
o'clock _' m. on
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, at
day of . . 2002. .
o'clock _' m. this
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by Douglas C. Haney, Cannel City Attorney - At The Direction Of Sponsor
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