HomeMy WebLinkAboutZ-399-02 DRAFT
Sponsor(s): Councilor Wayne Wilson
ORDINANCE NO. Z-399-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
(Description of the effect of 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 1.01: Title, to read:
1.01 Title.
This ordinance shall be referred to, and cited as, the Zoning Ordinance, Ordinance No. ~ Z-
289, as amended, of the City of Carmel and Clay Township, Hamilton County, Indiana.
b. Amend Section 1.02:Purpose and Intent to read:
1.02 Pux:pose and Intent.
The Zoning Ordinance is an ordinance for the development, through zoning, of the territory within
the jurisdiction of the Carmel/Clay Advisory GHy Plan Commission. In interpreting and applying
the provisions of this ordinance, they shall be held to be the minimum requirements for the
promotion of the public health, safety, comfort, morals, convenience and general welfare. The
Commission has given consideration to the future probable use orland in the territory affected by
this ordinance, and has prepared a Comprehensive Plan showing the future development of this
area which has served as a guide in the preparation of this ordinance.
c. Amend Section 2.07: Mobile Homes to read:
2.07 Mobile Homes.
All inhabited Mobile Homes shall be located in a Mobile Home eemt Park that has received
Special Use approval. No inhabited Mobile Home, outside an approved Mobile Home ee'I:lH Park,
shall be connected to utilities except those Mobile Homes being offered for sale. Mobile Homes
used for all other purposes shall be placed in accordance with the regulation of this Ordinance.
d. Amend Section 3.05 to read:
3.05 Words not defmed herein but defined in the Carmel/Clay Subdivision Control Ordinance shall betinterpreted in accordance with the Subdivision Control Ordinance definition.
e. Amend Section 4.01: Zoning Districts Established; Secondary Zoning Districts to read:
Secondarv Zoning Districts:
FP Flood Plain District
FW Floodway District
FF Floodway Fringe District
State Highway 431 - Keystone Avenue Overlay Zone
U.S. Highway 31 - Meridian Street Overlay Zone
U.S. Highway 421 - Michigan Road Corridor Overlay Zone
Old Town District Overlay Zone
Home Place District Overlay Zone
f. Amend Section 5.04.03: Minimum Lot Standards; ~B: Minimum Side Yard; ~~1: Single-
family Home to read:
5.04.03 Minimum lot standards:
B. Minimum Side Yard: (See also Section 26.1.1)
1. Single-family heme Dwelling: ten (10) feet;
g. Amend Section 5.04.03: Minimum Lot Standards; ~C: Minimum Aggregate of Side Yard;
~ ~ 1: Single-family Home to read:
5.04.03 Minimum lot standards:
C. Minimum Ageregate of Side Yard:
1. Single-family heme Dwelling: thirty (30) feet;
h. Amend Section 5.04.03: Minimum Lot Standards; ~D: Minimum Rear Yard; S~l: Single-
family Home to read:
5.04.03 Minimum lot standards:
D. Minimum Rear Yard:
1. Single-family heme Dwelling:. twenty (20) feet;
1. Amend Section 5.04.03: Minimum Lot Standards; E: Minimum Lot Width; 1: Single-
family Home to read:
5.04.03 Minimum lot standards:
E. Minimum Lot Width:
1. Single-family heme Dwelling: one hundred twenty (120) feet;
J. Amend the Section Title of Section 6.02: Permitted Special Uses to read:
6.02 Permitted Special Uses.
Ordinance No. Z-399-02
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k. Amend Section 6.02.03: Special Exceptions to read:
6.02.03 Special Exceptions. (see Chapter 21 for additional regulations)
Same as S-1 District regulations of Section 5.$.02.03.
1. Amend Section 7.02.03: Special Exceptions to read:
7.02.03 S"ecial Exceptions. (see Chapter 21 for additional regulations)
Same as S-1 District regulations of Section 5.$.02.03.
m. Amend the Section Title of Section 8.02: Permitted Special Uses to read:
8.02 Permitted Special Uses.
n. Amend Section 8.02.03: Special Exceptions to read:
8.02.03 Special Excentions. (see Chapter 21 for additional regulations)
Same as S-1 District regulations of Section 5.$.02.03.
o. Amend Section 9.02.03: Special Exceptions to read:
9.02.03 Special Exceptions. (see Chapter 21 for additional regulations)
Same as S-1 District regulations of Section 5.$.02.03.
p. Amend the Section Title of Section 10.02: Permitted Special Uses to read:
10.02 Pel1Tli-tt:ed Special Uses.
q. Amend Section 10.02.03: Special Exceptions to read:
10.02.03 Special Exceptions. (see Chapter 21 for additional regulations)
Same as S-1 District regulations of Section 5.$.02.03.
r. Amend Section 10.03.02 to read:
10.03.02Swimmine: Pool. A private swimming pool may be permitted as an Accessory Use, but shall be
located only within the Side or Rear Yard. No swimming pool or its deck shall be closer than ten
(10) feet to the property line. Fer fll:R'poses f~r safety, the fellO'.vil'lg shall apply:
-1-. walls af fe:eeiag aeemed to be impenetrable by the eRfefeing a:athority, that is Bat less
than five (5) feet high completely SlUTGl:H'ldifl.g the swimming flaal ElBa the aeck lH'ea with
eJeceptiol'J. of self e1esiag and latehiBg gates aDd doom, both eapable ofbemg locked;
Ordinance No. 2-399-02
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2-. ether H1eaas !let less tha!l five (5) feet high and aeemee. impeaetFa1:lle 1:Iy the eBferemg
aI:ltherity at the time Elf eemtruetieB aDd eompletely sarreu!le1iBg the paelaDe. e.eelc area
waeB the peel is net asee.; and
:l. a eombinatioR Elf subdi':isieas (1) thrElagh (2) that se!BJlletely smfellmds the poel and
deele with the eJteeptieB af self elasiRg aDd latehiBg gates and eaaFS .....,<lHeh are eapaBle ef
eeiBg lesleed; and
4. iB eeRjunctial1 with (1), (2), or (3) a safety paalsa':ef may Be used pre'Aded that:
a. there is a s811tiBueas eOBfleetieB BetweeB the sever and the eleele, se as te
prehieit assess te the peel when the eever is eeml3letely dra?VR a"ler the peal;
1:1. it is meshameally eflet=ated by leey ar key aDd switea saGh that the ee'/er SaBRot
be dra-WB UpOI1 ar refi'aetee. without the ase af a leey;
e. it is eapaBle Elf mlpporting a feer a1:l:Blired I3ElUBd imflElsee. load upe'19. a
completely lira......'ll eever;
d. it is iastallea.with a trasI<, rellers, rails ar guides;aad
e. it Bears aD iaeBtiJieatiaB tag iBEiieatmg the same ef the maRmaetarer, Bame of
the iastlHler, iBstallatioB. date, and applieQBle safety standards, if my.
See also Section 25. 01. 01 (C) (8).
s. Amend Section 10.04.02: Minimum Lot Size; D. to read:
1 0.04.02 Minimum lot size:
D. Lots with community water system and community sanitary sewer system: 8000 square
feet, see Soe#s1'I9.Q4.03.
t. Amend the Section Title of Section 11.02: Permitted Special Uses to read:
11.02 Pemu1:l:ed Special Uses.
u. Amend Section 11.02.03: Special Exceptions to read:
11.02.03 Special Exce?tions. (see Chapter21 for additional regulations)
Same as S-1 District regulations of Section 5.J.02.03.
v. Adopt Section 12.00.99: Application Procedure to read:
12.00.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Sign age (ADLS).
w. Adopt Section 13.00.99: Application Procedure to read:
13 .00.99 Application Procedure.
A. Development Plan. Not required.
Ordinance No. Z-399-02
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B. Architectural Design. Exterior Lighting. Landscaping and Sie:nae:e (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
x. Adopt Section 14.00.99: Application Procedure to read:
14.00.99 Application Procedure.
A. Development Plan. See Section 31.99(A): Development Plan.
B. Architectural Design, Exterior Lightine:. Landscapine: and Sie:nage (ADLS)' See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
y. Repeal Section 15.07: Application Procedure.
H:G+ hp13lieatieB PreeedW'e.
Preeeames eBB reEl\iit'emeats fer Plal3flE!a Dismat llflpravalare set ferth Hi Clulpter 21.
z. Adopt Section 15.00.99: Application Procedure to read:
15.00.99 Application Procedure.
A. Development Plan. Procedures and requirements for Planned District approval are set
forth in Chapter 24.
B. Architectural Design. Exterior Lightine:. Landscapine: and Sie:nae:e (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
aa. Amend Section 16.03.02 to read:
16.03.02Swimmin2 Pool. A private swimming pool may be permitted as an accessory use, but shall be
located only within the side or rear yard.. No swimming pool or its deck shall be closer than ten
(l0) feet to the property line. Fer pl:lIpeses fer safety, the folle....iBg shall apply:
-l-. walls er feaemg Eleemed te1:le impeBetmBle BY the eBferemg aatherit)', that is Bet less
than five (5) foet lHghaeFB.Jlletely s1:HTemdmg the sw4mmi:Bg pool !Hid the seek area v.itb
eJteeptieB of self elesiBg aae1latehiag gates and doers, both eapaBle efBeiBg lesked;
~. other means Bot less thaB fi'le (5) feet high aoo deemed iFBJIeBetrable by t:he eafureiBg
amherity at the time ef eeasoeaen !Hid aSfBFlletely sliIfeUB6iag the peol aaEi deek area
wheB t:he poel is Bet 1:15ea; !Hid
;. a sembiftlNieB of sabeliyisieBG (1) tBroligh (2) that eempletely surreaaets the peel and
deck with the exseptieB ef self elesmg and latelHag gates aaa doers ....\bieh are eapable of
bemg leekea; aea
4. if1 eeBj1::!Beaea "ith (1), (2), er (3) a safety peelee'ler may be 1:15ea pre.tided that:
a. there is a eeBtieuo1:15 eOBB.eetioB betweeB the eO'ler ana the Eleek, se as to
prelU13it assess te the peel ,,'heR the eS'o'er is eo:mpletely ckaW'B. O'ler the pool;
e. it is meshaBieal:ly e]3erated by key er key aBa sv<.':itea sliea that the eever E:lmBot
Be era-,m li13ea ef retFaetea witheHt the ase ef a key;
e. it is ellflaele ef &uppertiag a feW' ffi:melrea (40Q) 13eaeel impesealoas 1:1:I"OB a
eeffi]31etely era';m eever;
a. it is installed ."ith a trask, relleFs, rails ef guides; and
Ordinance No. 2-399-02
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e. it BeafS e ieleBtifieaa8B tag i:B6:ieatiBg the BlH'Be ef the maftUfaetarer, Hame of
1:8.13 iBstaRer, iBstallatiea elate, eel appHeable safety staB6ar:as, if aay.
See also Section 25.01.01 (C)(8).
ab. Adopt Section 16.00.99: Application Procedure to read:
16.00.99Application Procedure.
A. Development Plan. Not required.
B. Architectural Design. Exterior Lighting:. Landscapin!!: and Siena!!:e (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
ac. Adopt Section 17.00.99: Application Procedure to read:
17.00.99Application Procedure.
A. Development Plan. Not required.
B. Architectural Desie:n. Exterior Li!!:hting. Landscapin!!: and Siena!!:e (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
ad. Amend Section 18.07: Storage, Display and Refuse to read:
18.07 Stora!!:e, Displav and Refuse.
All storage, display and refuse shall be completely enclosed in a mam Principal or Accessory
Building.
ae. Repeal Section 18.08: Application Procedure.
~ AtlplieatieB Proeed'lil'e.
18.9&.Ol CoasWtatieR v.'ith Direetor aael.^q3JlliGaHee. .\pJ3liGaBts shall meet '.'lith the Direeter ta
revie'.": the zeBHig elassifieatioB of their site, review the regulatery oramaeees lI:Fld
materials, review the preeeeures and eml,faiRe the prepaseel \!:Se &BEl Eleyelspmeat af the
property. The Direetar shall aid and advise the ltflplieaat m preparieg his appHeation aad
s12f3partmg Eleel:HBeBts as BaGeSsaf]'. The applieet shall sOOmit me (2) eapies of the
writteB applieaeeR form, nve (2) eepies af the prepesed Develepment PlaB (DP) with its
Lmdseapiag PIa:&, ed a:1l ather Beeessary sap13artHlg aee1:UBeRts aad materials.
1&.O&.02Initial Review ef the fd)tllieatiaB and SaBflertiBe: Deewneftts &BEl Materials by the
Direeter: Sael'BissieB te the PlaB CemmissieB. FollawiBg the reeeipt ef the wntteB
ltflplieatiaB, Develepment PlaB (OP) 'llith Laaeseapmg PlaB aBa Beeessary !H:lflflertiag
daeameets aBa materials hy the Direetar, he shaJ..l. theB re'/iew the materials solely far the
p1:Upase of deteBBieiBg whether t;he GpplieatiaR is esmplete, iB teehmeal eompliaBee with
all applieable ordmaBees, la.-ws, aBa regulatieas &BEl is to he fen...arded to the
CeFBmissioa. If the materials submitteel BY the &l3paeat are Flat eomplete, ar ae not
eemply ,..lith the Beeessary legal reft\Hrements, the Direetor shall worm the applieaBt of
the defieieBeies iR said materials. UBless and 1::Hltil the Direetor f{)rmaJ..ly aeeepts the
applieatioa as eemplete ElBa ~R legal eeH1l"liaBSe, it shall Bot he eOB:5idereel as feIHlQIly
filed for the pmpase ef~reeeeeliBg to sueeeeding st613s m'''lara PlaB Col'f.liE:issioa appre'/al
as hereiaafter set furth. Within thirty (39) riays sf the fannal aeeeptanee ef the
ltflplieatien by the Direetar, he shall formally file the &l3plieatieFl hy plaemg it upaa the
agenda efthe CommissiaB, aeesremg ta the PlaB Cemmissian's Rules ofProeeEl1:1re. 'The
Ordinance No. 2-399-02
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applieant shaY. file fer eaeh Pllm Cammissis:a member a espy sf the De',elopment Plan
and s\:lppsmg doe\:lments and/or materials.
18.Q8.Q3P1:lblic Hearing BY Plan Commission: Onee the Direetor has aElcepted and filed the
apfll:ieation with the CsmmissioB, the Call1n'l:issian ar its delegat:e shall assign a deeket
number and set a date ad time fer a p1:leYs hearing as reElwed BY the Rales ofProeeGw-e
sf the CslBfBissioB. The appHeant shall be reSj30BSible fer the eost ad p1:lSlieatioB sf the
reEluHed p1:lbYshed legal :aetifieaas:a sf t1:l:e paaHa heariRg. The appliaam shaY. also :aetify
all interested parties and preperty e',,'mers as re~ed 1:Iy the R1:lles sf PrseeGw-eef the
CommissieB. The eond\:lct sf the P1:lalle Hearmg shall be i:a aeesrdanoe ,'lith the
CoIi'lB.'lissisn's Rules sfPreeed1:l:l"e.
af. Adopt Section 18.00.99: Application Procedure to read:
18.00.99 Application Procedure.
A. Development Plan. See Section 31.99(A): Development Plan.
B. Architectural Desim. Exterior Lightine:. Landscapine: and Signae:e (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage.
ago Adopt Section 19.00.99: Application Procedure to read:
19.00.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Desil!11. Exterior Lighting. Landscaping and Simae:e (ADLS). See Section
31. 99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
ah. Amend Section 19.03: Accessory Buildings and Uses to read:
19.03 Accessorv Buildings and Uses. See also Section 25.01.
Accessory Buildings and Uses customarily and purely incidental to the uses allowed in this district
are pennitted contingent upon Plaa Commission approval (see Section 19.00.03) and under the
following conditions:
1. provided that the building materials and color are compatible with those of the primary
Principal Building.
al. Amend Section 19.05: Parking and Loading Berth Requirements to read:
19.05 Parking and Loadine: Berth Reauirements. (See Chapter 27 for additional requirements.)
19.05.01 The parking requirements of Chapter 27 notwithstanding, if the structure is located in an
area where common parking is available to the users of the facility, then parking can be
reduced by the amount of common parking spaces which can reasonably be allocated to
the facility. A Parking Plan showing roadways, entrances, exits and common area
parking in relation to all structures shall be filed and approved by the PIaB: Commission.
19.05.02The loading requirements of Chapter 27 notwithstanding, loading berths and trash
collection areas shall be permitted per the demand of the business establishments and
shall be identified on the Site. Plan. A Loading Plan shall be filed and approved by the
l!Hm Commission. Trash collection areas shall be properly screened and enclosed.
Ordinance No. 2-399-02
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aJ. Amend Section 19.06: Landscaping Requirements to read:
19.06 Landscapine: Requirements.
Where a lot or parcel of ground used for business purposes in the B-8 District abuts, or adjoins
across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for
residential purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be
provided along the abutting or adjoining property line. A planting screen, consisting of suitable
shrubbery, shall be planted at the time of construction of, or conversion to, a business activity and
shall be maintained in order to provide effective screening at all times during the year. The
shrubbery may be planted informally or in rows and shall screen parking areas, outside storage
areas, loading berths, trash and refuse containers and so forth from abutting and adjoining
residential properties. Vision clearance on comer lots and at the intersections of streets and
driveways shall be observed and maintained. No accessory buildings or uses may be erected or
pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or
protective items, other landscaping items and signage as permitted by the Carmel-Clay Township
Sign Ordinance. Additional landscaping (such as street trees) may be required by the Plim
Commission in order to maintain area-wide uniformity. A Landscape Plan shall be submitted
concurrent with the Site Plan.
ak. Amend Section 19.08: Signs to read:
19;08 ~.
All signs shall conform to the Carmel-Clay Township Sign Ordinance. Signs for each proposed
use shall be uniform in character as to color and architectural design as approved by the PlaR:
Commission. A Sign Plan shall be submitted concurrent with the Site Plan.
(
al. Amend Section 20B. 07. 02: FrontLandscaped Yard to read:
20B.07.02 Front Landscaped Yard: A fifteen-foot (IS') landscaped and maintained yard area,
composed of trees not less than two and one-half inches (2W') dbhand spaced fifty feet (SO') on
center, shall be provided next to (an) existing residence(s) or a platted residential subdivision
unless otherwise determined by the CemmissioBer Director or unless otherwise required by the
Board for Special Uses.
am. Amend Section 20C.07.04: Landscaping Installation and Maintenance; 91 to read:
20C.07.04 Landscaping Installation and Maintenance:
1. Installation. All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Dej3artmeRt f.m:mmGtrator Director. If it is not possible
to install the required landscaping because of weather conditions, the property owner
shall post a bond for an amount equal to the total cost of the required landscaping prior to
the issuance of the Final Certificate of Occupancy.
an. Amend Section 20D. 00. 01: Purpose and Intent to read:
200.00.01 Purpose and Intent.
The purpose of the M-3 Manufacturing Park District is to create and protect land areas for the
development of unified preplanned manufacturing and other compatible land uses within a park-
like setting. All activities associated with manufacturing, commercial, warehousing,
Ordinance No. Z-399-02
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transportation, service, office and residential activities shall be conducted within completely
enclosed buildings in such a manner that any nuisance factors are not emitted outside ef the
building. Solid visual screening of the outside activities including, but not limited to, storage and
trash collection areas shall be included. It shall be a requirement of all preplanned manufacturing
parks to be reviewed and approved by the Carmel PlaB Commission. A Development Plan shall
address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking
areas in accordance with hannonious and aesthetic principles of architecture, design, sign and
industrial management. Land areas to be rezoned M-3 shall be served by public utilities (sewer,
water, etc.).
ao. Adopt Section 20D.00.99: Application Procedure to read:
20D.OO.99 Application Procedure.
A. Development Plan. Procedures and requirements for Planned District approval are set
forth in Chapter 24.
B. Architectural Desilm. Exterior Lililiting. Landscaping and Silmage (ADLS). Not
required.
ap. Amend Section 20D. 07. 04: Landscaping Installation and Maintenance; 91 to read:
20D.07.04 Landscaping Installation and Maintenance:
1. Installation. All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Departm.ent Aammistrater Director. If it is not possible to install
the required landscaping because of weather conditions, the property owner shall post a bond for
an amount equal to the total cost of the required landscaping prior to the issuance of the Final
Certificate of Occupancy.
aq. Repeal Section 20D.1 0: Application Procedure:
~ f43plieaaea Preeed1:1:re.
Proeedures aRa requiremeftts fElr Plai3:ilea Dismet approvalli'!'e set forth in Chs.ptor 21.
ar. Adopt Section 20D.99: Application Procedure to read:
20D.99 Application Procedure.
A. Development Plan. Procedures and requirements for Planned District approval are set
forth in Chapter 24.
B. Architectural Desilpl. Exterior Lil?:hting. Landscaping and Signa(l:e (ADLS). Not
required.
as. Amend Section 20E.00.03: Approval of Development Plan; (4) to read:
20E.OO.03: Approval of Development Plan.
4. A pablie hearing shaH be heM by t The Director shall hold a public hearing before it
eeaees deciding whether to approve or disapprove a DP. However, no DP is required
for additions to existing structures which:
a. Are attached to the existing structure;
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b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
c. Meet with requirements of the C-l District;
d. Do not exceed twenty percent (20%) of the original Gross Floor Area of the
existing structure, applicable from the date of this Section; and
e. Have received a prior ADLS approval from the Plan Commission.
at. Amend Section 20E.OO.03: Approval of Development Plan; (7) to read:
20E.00.03: Apl'roval of Development Plan.
7. ZoniD!! Waiver. The applicant may f8Etl:l65t apply for a PlaB COmmfSSiOB Zoning
Waiver te of the dimensional and quantitative standards of the C-I District by not greater
than thirty-five percent (35%), consistent with requirements set forth below:
a. The proposal shall be in harmony with the purposes and the hind use standards
contained in this chapter;
b. The proposal shall enhance the overall Development Plan. the adjoining
streets capes and neighborhoods, and the overall City Center District.
c. The proposal shall not produce a site plan or street/circulation system that would
be impractical or detract from the appearance of the Development Plan and the
City Center District, and shall not adversely affect emergency vehicle access or
deprive adjoining properties of adequate light and air.
d. The proposal exhibits extraordinary site design characteristics, including, but not
limited to: Increased landscape treatment, tree preservation, public art,
provisions for bicycles and/or mass transit, reduced surface parking coupled
with provisions for above or below ground parking facilities.
e. In granting a waiver, the Commission may impose such conditions that will, in
its judgment, secure the purposes of this chapter. This subsection does not affect
the right of an applicant under Indiana law to petition the Board for a variance
from development standards, as provided in IC 36-7-4-918.5 and this Zoning
Code.
au. Amend Section 20F.OO.03: Approval of Development Plan; (4) to read:
20F.OO.03: Approval of Development Plan.
4. .\ l3lislie heariBg shall be heM by t The Director shall hold a public hearing before ~
Eleeides deciding whether to approve or disapprove a DP. However, no DP is required
for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
c. Meet with requirements of the C-l District;
d. Do not exceed twenty percent (20%) of the original Gross Floor Area of the
existing structure, applicable from the date of this Section; and
e. Have received a prior ADLS approval from the Plafi Commission.
Ordinance No. Z-399-02
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avo Amend Section 20F. 00. 03: Approval of Development Plan; (7) to read:
20F .00.03: Approval of Development Plan.
7. Zonin!! Waiver. The applicant may ~ apply for a Pkm CsmmiGsioB Zoning
Waiver te of the dimensional and quantitative standards of the C-l District by not greater
than thirty-five percent (35%), consistent with requirements set forth below:
a. The proposal shall be in harmony with the purposes and the land use standards
contained in this chapter;
b. The proposal shall enhance the overall Development Plan, the adjoining
streetscapes and neighborhoods, and the overall City Center District.
c. The proposal shall not produce a site plan or street/circulation system that would
be impractical or detract from the appearance of the Development Plan and the
City Center District, and shall not adversely affect emergency vehicle access or
deprive adjoining properties of adequate light and air.
d. The proposal exhibits extraordinary site design characteristics, including, but not
limited to: Increased landscape treatment, tree preservation, public art,
provisions for bicycles and/or mass transit, reduced surface parking coupled
with provisions for above or below ground parking facilities.
e. In granting a waiver, the Commission may impose such conditions that will, in
its judgment, secure the purposes of this chapter. This subsection does not affect
the right of an applicant under Indiana law to petition the Board for a variance
from development standards, as provided in IC 36-7-4-918.5 and this Zoning
Code.
aw. Amend Section 22.04: Regulatory Flood Elevation; fA to read:
22.04: Regulatory Flood Elevation.
A. The regulatory flood elevations. for the SFHAs of White River, Cool Creek, Hot Lick
Creek, Williams Creek, Henley Creek, and Carmel Creek, within Clay Township, shall
be as delineated on the 100-year flood profiles in the Flood Insurance Study of the City of
Carmel dated NS'leBlaer 19, 19&9 February 19, 2003, and the corresponding Flood
Boundary/Floodway Maps, dated May 19, 1981 February 19, 2003, as well as any future
updates, amendments, or revisions, prepared by the Federal Emergency Management
Agency with the most recent date.
ax. Amend Section 22.07: Protecting Existing Buildings; fA(1) to read:
22.07: Protecting Existine: Buildine:s.
A. This building protection requirement applies to the following situations:
1. construction or placement of any new building having an enclosed area greater
than four hundred (400) square feet; or hRYiftg aft eBelased area greater than
ORe handFed (lOg) sll1l8re feet;
ay. Amend Section 22.11: Violations to read:
22.11 Violations.
Failure to obtain an Improvement Location Pernrit in the SFHA or failure to comply with the
requirements of a permit or conditions of a variance shall be deemed to be a violation of this
Ordinance No. Z-399-02
11
Ordinance. All violations shall be considered a common nuisance and be treated as such in
accordance with the provisions of the Zoning Code for the City of Carmel/Clay Township, and
shall be subject to citation and fine in accordance with Chapter 34: Zoning Violations City Cede
SeetieB5 HI leg tBreHgh 101M, iBelli5ive.
A. A separate offense shall be deemed to occur for each day the violation continues to exist.
B. The Carmel/Clay Plan Commission shall inform the owner that any such violation is
considered a willful act to increase flood damages and therefore may cause coverage by a
Standard Flood Insurance Policy to be suspended.
C. Nothing herein shall prevent the City of Carmel/Clay Township from taking such other
lawful action to prevent or remedy any violations. All costs connected therewith shall
accrue to the person or persons responsible.
az. Amend Section 22.15: Definitions; 9P: LOWEST FLOOR; 994(a) to read:
22.15: Definitions.
P. LOWEST FLOOR - means the lowest of the following:
4. the top of the floor level of any enclosure below an elevated building where the
walls of the enclosure provided any resistance to the flow of flood waters unless:
a. the walls are designed to automatically equalize the hydrostatic flood
forces on the walls by allowing for the entry and exit of flood waters,
by providing a minimum of two (2) openings (in addition to doorways
and windows) having a total area of one (1) square feet inch for every
Pn<e one ~ (1) square feet foot of enclosed area subject to flooding.
The bottom of all such openings shall be no higher than one (1) foot
above grade.
ba. Amend Section 22.15: Definitions; 9U: SFHA or SPECIAL FLOOD HAZARD AREA to
read:
22.15: Definitions.
U. SFHA or SPECIAL FLOOD HAZARD AREA - means those lands within the
jurisdiction of the City that are subject to inundation by the regulatory flood. The SFHAs
of the City are generally identified as such on the Flood Insurance Rate Map of the City
prepared by the Federal Emergency Management Agency and dated May 19, 1991
February 19, 2003.
bb. Adopt Section 23A.99: Application Procedure to read:
23A.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lightinl!. Landscaping and Signage (ADLS). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Sign age (ADLS).
be. Amend Section 23B.02(A) to read:
23B.02 Commission Review:
Ordinance No. Z-399-02
12
A. Development Plan. The Commission must approve, approve with conditions, or
disapprove the Development Plan (DP) for any tract of land in the U.S. Highway 31
Overlay Zone.
1. The Commission shall hold a public hearing shall Be heM BY the CemmissieB
before it decides whether to approve or disapprove a DP. However, no DP is
required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including
exterior color and materials; doors and windows, other detailing;
c. Meet with requirements of the underlying primary zoning district;
d. Do not exceed twenty percent (20%) of the original gross floor area of
the existing structure, applicable from the date of this ordinance, and,
e. Have received a prior ADLS approval from the Plaft Commission.
2. The Commission shall review a DP application to determine if the DP satisfies
the development requirements specified in Sections 23B.3 through 23B.8. The
Commission's review shall include but not be limited to the following items:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Surrounding zoning and existing land use;
d. Streets, curbs and gutters, sidewalks, and bicycle paths;
e. Access to public streets;
f. Driveway and curb cut locations in relation to other sites;
g. General vehicular and pedestrian traffic;
h. Vehicle and bicycle parking facilities and internal site circulation;
i. Special and general easements for public or private use;
J. On-site and off-site surface and subsurface storm water drainage
including drainage calculations;
k. On-site and off-site utilities;
1. The means and impact of sanitary sewage disposal and water supply
techniques;
m. Dedication of streets and rights-of-way, or reservation of land to be
sold to governmental authorities for future development of streets and
rights-of-way;
n. Proposed setbacks, site landscaping and screening, and compatibility
with existing platted residential uses;
o. Project signage;
Sp. Protective restrictions and/or covenants;
q. Compatibility of proposed project with existing development within the
U.S. Highway 31 Corridor; and,
r. Consistency with the policies for the Overlay Zone which are set forth
in the Comprehensive Plan, including the Thoroughfare Plan.
Ordinance No. 2-399-02
13
3. FindinlZs-of-Fact. The Commission shall make written findings concerning each
decision to approve or disapprove a DP, The President of the Commission shall
be responsible for signing the written fmdings of the Commission.
bd. Repeal Section 23B.02(B).
be. Repeal Section 23B.02(C).
br. Repeal Section 23B.02(D).
bg. Renumber Section 23B.02(F) to Section 23B.2(B):Architectural Design, Exterior
Lighting, Landscaping and Sign age.
bh. Amend Section 23B.02(B): Architectural Design, Exterior Lighting, Landscaping and
Signage to read:
23B.02 Commission Review:
B. Architectural Deshm. Exterior Lil!htine:. Landscapine: and Sie:nae:e. Except as
provided in Paragraph (A)(l) above, for all projects in the U.S. Highway 31 Overlay
Zone, the Commission shall review and approve the Architectural Design, Exterior
Lighting, Landscaping and Signage (ADLS), access to the property, site layout, parking
and site circulation, pursuant to Sections 23B.9 through 23B.15.
1. ADLS approval shall be necessary prior to:
a. The establishment of any use of land;
b. The issuance of any Improvement Location Pennit;
c. The erection, reconstruction or structural alteration of any building(s)
in the U.S. Highway 31 Overlay Zone; or
d. Any changes in any site improvements.
2. An amendment to an ADLS may be reviewed and approved by a committee of
the Commission according to the Rules of Procedure. However, any interested
party may appeal the decision of the committee directly to the Commission.
bi. Repeal Section 23B.02(E).
bj. Renumber Section 23B.02(G) to Section 23B.02(C): Zoning Waiver.
bIe. Amend Section 23B.02(F) to read:
23B.02 Commission Review:
Ordinance No. Z-399-02
14
F. Architectural Desim. Landscanioe. Exterior Liehtine. and Sieoaee. Except as
provided in Paragraph B above, for all projects in the U.S. Highway 31 Overlay Zone,
the Commission shall review and approve or approve with conditions the Architectural
Design, Landscaping, Exterior Lighting, and Signage (ADLS), access to the property,
site layout, parking and site circulation, pursuant to Sections 23B.9 through 23B.15, and
such approvals shall be necessary prior to:
(1) The establishment of any use of land;
(2) The issuance of any Improvement Location Permit;
(3) The erection, reconstruction or structural alteration of any building(s) in the U.S.
Highway 31 Overlay Zone; or
(4) Any changes in any site improvements.
bI. Repeal Section 23B.17.01: Consultation with the Director and Application.
bro. Repeal Section 23B.17. 02: Initial Review; Submission to the Commission.
bn. Repeal Section 23B.17.03: Approval or Denial of the Application by the Commission.
boo Renumber Section 23B.17.4: Reservation of Land for Pending State Highway
Improvements to Section 23B.17: Reservation of Land for Pending State Highway
Improvements.
bp. Adopt Section 23B.99: Application Procedure to read:
23B.99 Ap1'lication Procedure.
A. Development Plan. See Section 31.99(A): Development Plan.
B. Architectural Design. Exterior Lighting, Landscaping and Sigoage (ADLS). See Section
31. 99(B): Architectural Design, Exterior Lighting, Landscaping and Sign age (ADLS).
bq. Amend Section 23C.02: Commission Approval to read:
23C.02 Commission Approval.
A. Development Plan. The Commission must approve, approve with conditions, or
disapprove the Development Plan (DP) for any tract of land in the Overlay Zone. The
Commission shall hold a public hearing shall he held by the Ceam:JissioR before it
decides whether to approve or disapprove a DP. The Commission, in reviewing DP
applications, shall examine factors concerning the site, Site Plan and the surrounding
area, which include but are not limited to the following items:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and existing land use;
4. Streets, curbs and gutters, bicycle paths, and sidewalks;
Ordinance No. 2-399-02
15
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
8. Parking facilities and internal site circulation;
9. Special and general easements for public or private use;
10. On-site and off-site surface and subsurface storm and water drainage, including
drainage calculations;
II. On-site and off-site utilities;
12. The means and impact of sanitary sewage disposal and water supply techniques;
13. Dedication of streets and rights-of-way;
14. Provision for adequate and acceptable setbacks, screening, and compatibility
with existing, platted residential uses;
IS. Storage area;
16. Protective restrictions and/or covenants;
17. Effects any proposed project may have on the entire Overlay Zone; and,
18. Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan.
If a Parent Tract is located both inside and outside of the U.S. Highway 421 -
Michigan Road Corridor Overlay Zone, DP/ADLS approval is required for the
entire Parent Tract
br. Re-title Section 23C.04:Permitted Special Uses to Section 23C.04: Special Uses.
bs. Repeal Section 23C.15: Application Procedure.
bt. Adopt Section 23C.99: Application Procedure to read:
23C.99 Ap~lication Procedure.
A. Development Plan. See Section 31.99(A): Development Plan.
B. Architectural Desil!Il. Exterior Lighting. Landscaping and Signage (ADLS). See Section
3J.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
bu.
by. Adopt Section 23D.03(A)(I)(i): Permitted Uses to read as follows:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
1. Renovations and Additions to All Existing Buildings.
Ordinance No. 2-399-02
16
i. Permitted Uses. In addition to those uses allowed in the underlying
zoning district, retail uses shall be allowed in the Historic Range
Line Road Sub-Area.
bw. Adopt Section 23D.03(A)(3)(b)(ii) to read as follows:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
b. Setbacks.
ii. Side and Rear Yard Setbacks shall be a minimum of five
(5) feet from the property line.
bx. Renumber Section 23D.03(A)(3)(c): Materials to 23D.03(A)(3)(d): Materials.
by. Renumber Section 23D.03(A)(3)(d): Windows, Doors to 23D.03(A)(3)(e): Windows,
Doors.
bz. Renumber Section 23D.03(A)(3)(e): Roof to 23D.03(A)(3)(f): Roof
ca. Renumber Section 23D.03(A)(3)(j): Porches to 23D.03(A)(3)(g): Porches.
cb. Renumber Section 23D.03(A)(3)(g): Building Height to 23D.03(A)(3)(h): Building
Height.
cc. Adopt Section 23D.03(A)(3)(c): Lot Dimensions and Coverage to read as follows:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
c. Lot Dimensions and Coveral!e.
i. Minimum Lot Width.
(a) Single-family Dwelling: Fifty (50) feet.
(b) All other Uses: Sixty (60) feet.
ii. Maximum Lot Coveral!e.
(a) Single-family Uses: Forty-five percent (45%) of
the area of the lot
(b) All other Uses: Seventy percent (70%) of the area
of the lot.
Ordinance No. Z-399-02
17
iii. No lot may be created by Subdivision or by joining which
is greater than ninety (90) feet in width.
cd. Adopt Section 23D.03(A)(3)(i): Garages to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
i. Gara!!es.
i. All new garages must be either:
(a) Detached buildings that are sited at least five (5)
feet behind the Front Line of the Principal
Building, or
(b) Attached to the Principal Building so that the
front face of the garage is at least fifteen (15) feet
further from the Front Lot Line than the Front
Line of the Principal Building. New attached
garages on Corner Lots should be oriented to the
side street, rather than to Range Line Road.
ii. New detached or attached garages and other Accessory
Buildings should use exterior materials similar to the
Principal Building.
iii. Covered walkways attaching the garage to the Principal
Building are allowed.
ceo Adopt Section 23D.03(A)(3)(j): Landscape and Lighting to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
j. Landscape and Lil!htinl!.
i. A paved walkway from the porch or front door to the front
sidewalk is required.
ii. The remaining Front Yard of all buildings will be
maintained with a groomed landscape of low shrubs,
ground cover, trees, flowers and/or grass.
iii. Exterior lighting is restricted to lamps mounted on the
building, seven-foot (7') maximum-height pole-mounted
decorative lights, and low-wattage landscape lighting.
iv. Fences greater than thirty-six inches (36") tall are not
allowed in the Front Yard of the property.
v. Chain link material is prohibited forward of the Front
Line of the Principal Building.
vi. Dumpsters and trash receptacles must be screened from
view.
Ordinance No. Z-399-02
18
ef Adopt Section 23D.03(A)(3)(k): Signs to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
k. Silms. Signage, where allowed, shall abide by the City of Carmel
and Clay Township Zoning Ordinance specified in Section 25.7.02-
13: Old Town Carmel.
eg. Adopt Section 23D.03(A)(3)(l): Parking and Driveways to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
l. Parkin!!: and Drivewavs.
i. Parking is not allowed in the Front Yard of any property,
except on a driveway leading to the garage.
ii. Driveways leading to the garage may not be wider than
twelve (12) feet, except within thirty (30) feet of the front
of the garage, where the driveway may be up to twenty-
four (24) feet wide.
iii. Parking spaces required to be provided under the Zoning
Ordinance may be reduced by up to fIfty percent (50%) in
order to accommodate difficult site conditions such as
limited access, small lots, and/or existing mature trees.
iv. New curb cuts on Range Line Road will not be permitted
unless there is no alternative access from a side street.
eh. Adopt Section 23D.03(A)(3)(m):Permitted Uses to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
m. Permitted Uses. In addition to those uses allowed in the underlying
zoning district, retail uses will be allowed in the Historic Range
Line Road Sub-Area.
el. Amend Section 23D.03(C)(3)(b): Setbacks to read:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
Ordinance No. 2-399-02
19
b. Setbacks.
1. New buildings must follow the dominant or average front yard
Setback dimension of existing buildings on the same block
and on the same side of the street, with a variation of up to
three (3) feet allowed (See Figure 2a).
ii. Additions, except for open-ail' porches, may not be added
to the front of the building except where the building is set
back more than twenty (20) feet from the Setback line of
its nearest two neighbors (See Figure 2b).
iii. A Corner Lot for a residential use is presumed to have a
Front Yard Setback on both streets that it faces. For a
non-residential use, the Front Yard shall be Range Line
Road (if the property is located on Range Line Road) or
the street with the greatest traffic.
iv. Side and Rear Yard Setbacks shall be a minimum of five
(5) feet from the property line.
CJ. Renumber Section 23D.03(C)(3)(c): Materials to 23D.03(C)(3)(g): Materials.
ck. Renumber Section 23D.03(C)(3)(d): Windows, Doors to 23D.03(C)(3)(h): Windows,
Doors.
cl. Renumber Section 23D.03(C)(3)(e): Roof to 23D.03(C)(3)(i): Roof
cm. Renumber Section 23D.03(C)(3)(j): Porches to 23D.03(C)(3)0): Porches.
cn. Renumber Section 23D.03(C)(3)(g): Building Height to 23D.03(C)(3)(k): Building
Height.
co. Adopt Section 23D.03(C)(3)(c): Lot Dimensions and Coverage to read as follows:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
c. Lot Dimensions and Covera2:e.
i. Existing lot dimensions as originally platted shall be
acceptable.
ii. Minimum lot width.
(a) Single-family Residential: Fifty (50) feet.
(b) All Other Uses: Sixty (60) feet.
iii. Maximum Lot Coveral!e.
Ordinance No. Z-399-02
20
(a) Single-family Residential: Forty-five (45%) of the
area of the Lot.
(b) All Other Uses: Seventy percent (70%) of the area
of the Lot.
iv. No lot may be created by subdivision or by joining which is
greater than ninety (90) feet in width.
cpo Adopt Section 23D.03(C)(3)(d): Garages to read as follows:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
d. Garal!:es.
i. All new garages must be either:
(a) Detached buildings that are sited at least five (5)
feet behind the Principal Building, or
(b) Attached to the Principal Building so that the
front face of the garage is at least fifteen (15) feet
further from the Front Lot Line than the primary
front line of the Principal Building. New attached
garages on Corner Lots should be oriented to the
side street, rather than to Range Line Road.
ii. New detached or attached garages and other Accessory
Buildings should use exterior materials similar to the
Principal Building.
Hi. Covered walkways attaching the garage to the Principal
Building are allowed.
cq. Adopt Section 23D.03(C)(3)(e): Landscape and Lighting to read as follows:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
e. Landscape and Lil!:htinl!:.
i. A paved walkway from the porch or front door to the front
sidewalk is required.
ii. The remaining Front Yard of all buildings will be
maintained with a groomed landscape of low shrubs,
ground cover, trees, flowers and/or grass.
iii. Exterior lighting is restricted to lamps mounted on the
building, seven-foot (7') maximum-height pole-mounted
decorative lights, and low-wattage landscape lighting.
iv. Fences greater than thirty-six (36) inches tall are not
allowed forward of the Front Line of the Principal
Building.
Ordinance No. 2-399-02
21
v. Vinyl covered chain-link material is allowed in the Front
Yard except on those properties which front on Range
Line Road. For properties fronting on Range Line Road,
chain-link material is prohibited forward of the Front Line
of the Principal Building.
vi. Dumpsters and trash receptacle must be screened from
view.
cr. Adopt Section 23D.03(C)(3)(j):Parking and Driveways to read as follows:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
f. Parkin!! and Drivewavs.
i. Parking is not allowed in the Front Yard of any property,
except on a driveway leading to the garage.
ii. Driveways leading to the garage may not be wider than
twelve (12) feet, except within thirty (30) feet of the front
of the garage, where the driveway may be up to twenty-
four (24) feet wide.
iii. Parking spaces required to be provided under the Zoning
Ordinance may be reduced by up to fifty percent (50%) in
order to accommodate difficult site conditions such as
limited access, small lots and/or existing mature trees.
iv. New curb cuts on Range Line Road will not be permitted
unless there is no alternative access from a side street.
cs. Adopt Section 23D.04(A)(2) to read as follows:
23D.04 Submittal Process/Application Procedure.
A. Consultation with Director and Application.
2. Site Plan & Design Review (SDR) approval is not required where
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
approval is required.
ct. Amend Section 23E.02(B): Architectural Design, Landscaping, Exterior Lighting and
Sign age to read:
23E.02 Commission Approval.
B. Architectural Design. Landscaping, Exterior Lighting: and Signage. Except as proyider.!
in Sootian 23E.2(B), fer For all projects in the Home Place Business District and West
Home Place Commercial Corridor, the Commission shall review and approve or approve
with conditions the Architectural Design, Landscaping, Exterior. Lighting and Signage
(ADLS), access to the property, site layout, parking and site circulation, pursuant to
Section 23E.8 and Section 23E.9, and such approvals shall be necessary prior to:
1. The establishment of any use ofland;
Ordinance No. 2-399-02
22
2. The issuance of any Improvement Location Permit;
3. The erection, reconstruction or Structural Alteration of any commercial
building(s) in the Home, Place Business District or West Home Place
Commercial Corridor; or
4. Any changes in site improvements.
cu. Amend Section 23E.08(J): Zoning Waiver to read:
23E.08 Home Place Business District.
J. Zoning Waiver. The applicant may ~ apply for a Zoning Waiver t& of the
dimensional and quantitative standards of this Section 23E.8, by not greater than thirty-
five percent (35%), consistent with requirements set forth in Section 23E.2(C).
cv. Amend Section 23E.09(H): Zoning Waiver to read:
23E.09 West Home Place Commercial Corridor.
H. Zoning Waiver. The applicant may ~ apply for a Zoning Waiver t& of the
dimensional and quantitative standards of this Section 23E.9, by not greater than thirty-
five percent (35%), consistent with requirements set forth in Section 23E.2(C).
cwo Repeal Section 23.11: Application Procedure.
~ ApplieatieR ProeeOOi-e.
A Consultatien with Direetor and ..^cpplieatiea
"^43plieams shaY. meet ",'ith the Direeter ts reyiew the zs:e:mg elassifieation ef their site,
review the regalatery erclinlHlees anel materials, review the praeedares and eJilHl:1Hie the
prsposed l:lSe IHI:el Ele'/elopmeat sf the prsl3erty. The Direetor she:Y. aiel aee1 aGyise the
applieant iB pr6Jlarmg his applieatian aeel SlippSrt:i:Bg deeuments as Beeessary. The
applieaTlt shall slib1'13it:
-1-. Twe (2) sepies sf the ,..fritteR applieatien farm;
~. Twe (2) eopies of the DevelepmeRt Plan (DP) and/or the required iE.f{)rmation.
an :\remteetaral DesigB, Exterior Lighting, Landseapmg, Signage, Parking and
Aesess (.\DLS);
;. as weY. as all Becessary sup)9aJ.1ie.g documen.ts and materials.
B. Initial Re'/iew: Suemission to the CeHlR'!:'ission.
Follo'.'.'iRg receipt sf the written applieatisa, DP and/or the required infmmation OR
Arellteetui'al Design, Exterier Lighting, LandseapiBg, 8ignage, Parkmg and .^.esess
(ADL8), aed Resessary sUPl3ertmg aseameBts and/or materials by the Director, he shall
then review the materials selely for the parpose sf eleten:nmiBg .....hether the application is
eomplete, iB teelmieal eompliaB€e v.'ith all applicable enml:afleeS, laws and regHlations
and is te be f{)r1l'arded te the Col.'l.1:l'l3issien.
.f.. If the ma-terials slibrnitteel BY the applieant are not eomplete, or do Rot eomply
'.\'#13. the necessary legal requiremeBts, the Director shall inferm the applieaRt of
the defieiencies i:B. said materials.
Ordinance No. Z-399-02
23
Unless aRt4 UBtil the Direetor formally aeeepts the appHeatioa as e01'l1fllete and in
legal eompliaBee, it sha:R Bet Be eElasit4erea as formaRy tiled f-or the pl:I!jlElses Elf
proeeedi:l:lg to &l:leseeamg st8f3s to'.vara approval as hereiBa.:fter set forth.
2,. If the materials sliSmittea BY 1:I3.e appHeaBt are deteJ."RlH:leel to he eElmplete and in
eomplimee, the materials shall be forwardea tel the CommissioB.
a. Wit:hiB twenty (29) eays of fElrmal aeeeptanee of the applieatioB hy 141e
Director, he shall formally :file the application by plaemg it \ipon the
agenda €if the Cofl.'lmission, aeeoreing to 141e Col33fl.'1ission's Rwes ef
Proeed1:lfe.
b. The af3plicant shall :file for eaela CemmissioB member a copy of the DP
aBd/or ADLS pla:es aad. !H:lppertiHg aoe\iments asdlor materials
pl:l:l'S\iaRt te the Commission's Rules of Proeedure, .11"tiele VII, Seetie1i
4.
G. f'Jl~roval or Demal of the .^.ll13lieation bv 1:I3.e Commission.
-1-. :\a appreveel DP or .IDLS petition shall be valia for t\ve (2)yelKs from. the date
of approval. If a full aBel eomplete af3plieation for an Improvement Loeatiea
Permit (ILP) has Ret been s\:lbmit:tea at the end of the two (2) year period, the
DP and/ar .IDLS mast be resabmittea to the COlllfl'riSSiOR for a time extension.
2,. If the DP and/or .IDLS plaR is materially ehaBged in any v,<ay, resabmissioa te
the Commissiea per SeetiaR 23E.2 is reqairea.
ex. Adopt Section 23E.99: Application Procedure to read:
23E.99 Application Procedure.
A. Development Plan. See Section 31.99(A): Development Plan.
B. Architectural Desilm. Exterior Lighting, Landscaping and Signage (ADL8). See Section
31.99(B): Architectural Design, Exterior Lighting, Landscaping and Sign age (ADLS).
C. If the DP and/or ADLS plan is materially changed in any way, resubmission to the
Commission per Section 23E.02 is required.
ey. Amend Section 26.01: Additional Height Requirements; ~01 to read as follows:
26.01 Additional Height Requirements.
26.01.01 In the 8-1, 8-2, R-l, R-2, and R-3 Residential Districts limiting height to !weRty five
~ thirty-five (35) feet, a D'.velling may be mereased in height to thiiiy five (35) feet
provide a the required Side and Rear Yards are increased an additional foot for each foot
such Structure exceeds twenty-five (25) feet in height.
ez. Adopt Section 31.99: Application Procedure to read as follows:
31.99 Application Procedure.
A. Development Plan.
1. Consultation with Director and Application:
Applicants shall meet with the Director to review the zoning classification of
their site, review the regulatory ordinances and materials, review the procedures
and examine the proposed use and development of the property. The Director
Ordinance No. Z-399-02
24
shall aid and advise the applicant in preparing his application and supporting
documents as necessary. The applicant shall submit:
a. two (2) copies of the written application form;
b. two (2) copies of the Existing Features & Site Analysis Plan;
c. two (2) copies of the DP;
d. as well as all necessary supporting documents and materials.
2. Initial Review of the Ap,plication and SuPtlorting Documents and Materials bv
the Director: Submittal to the Commission. Following the receipt of the written
application, DP, and necessary supporting documents and/or materials by the
Director, the Director shall review the materials for the sole purpose of
determining whether the application is complete and in technical compliance
with all applicable ordinances, laws and regulations.
a. If the materials submitted by the applicant are not complete or do not
comply with the necessary legal requirements, the Director shall inform
the applicant of the deficiencies in said materials.
Unless and until the Director formally accepts the application as
complete and in legal compliance, it shall not be considered as formally
fIled for the purpose of proceeding to succeeding steps toward approval
as hereinafter set forth.
b. If the materials submitted by the applicant are determined to be
complete and in. compliance, the materials shall be forwarded to the
Commission.
(1) Within thirty (30) days of the formal acceptance of the
application, the Director shall formally fIle the application by
placing it upon the agenda of the Commission according to the
Commission's Rules of Procedure.
(2) The applicant shall fIle for each Commission member a copy
of the Existing Features & Site Analysis Plan, the DP, and
supporting documents and/or materials pursuant to the
Commission's Rules of Procedure, Article VII, Section 4.
3. Public Hearing bv the Commission. Once the Director has accepted and fIled
the DP application with the Commission, he shall assign a docket number and
set a date and time for a public hearing as required by the Rules of Procedures of
the Commission. The applicant shall be responsible for the cost and publication
of the required published legal notification of the public hearing. The applicant
shall also notify all interested parties and property owners as required by the
Rules of Procedure of the Commission. The conduct of the public hearing shall
be in accordance with the Commission's Rules of Procedure.
4. Approval or Denial of the Application by the Commission:
a. An approved DP shall be valid for two (2) years from the date of
approval. If a full and complete application. for an Improvement
Location Permit (ILP) has not been submitted at the end of the two (2)
year period, the approval becomes null and void, and the DP must be
resubmitted to the Commission for approval. Upon application to the
Director before the expiration of said approval, and upon good cause
shown, said approval may be extended for six (6) months.
b. If the DP is materially changed in any way, resubmission to the
Commission is required.
Ordinance No. 2-399-02
25
c. If a DP petition is denied, the Commission shall provide the applicant
with a written copy of the findings-of-fact, ifrequested.
Ordinance No. 2-399-02
26
Section IT: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are herebyrepealed.
Section Ill: This Ordinance shall be infull force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-399-02 PASSED by the Common Council of the City of Carmel,
hldiana this day of , 2002, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Wayne Wilson, President Pro Tempore
John R. Koven
Robert Battreall
N. L. Rundle
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Ordinance No. 2-399-02
27
Ordinance No. Z-399-02 Presented by me to the Mayor of the City ofCarrnel, Indiana
this _ day of , 2002, at .M.
Diana L. Cordray, IAMC, Clerk.,. Treasurer
Ordinance No. Z-399-02 Approved by me, Mayor of the City of Carmel, Indiana, this
day of , 2002, at .M.
ATTEST:
Diana L. Cordray, lAMC, Clerk.,.Treasurer
John R. Molitor
Carmel/Clay Plan Commission Attorney
One Civic Square
Carmel, IN 46032
Prepared by:
James Brainard, Mayor
Ordinance No. 2-399-02
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