HomeMy WebLinkAboutPacket to Plan Commission 07-09-04
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City of Carmel
CARMEL PLAN COMMISSION
,i'c'
"
-MEMORANDUM-
Date: July 9, 2004
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: 150-02 OA: Patch IV
The Subdivision Committee forwarded this Ordinance back to the full Commission with a
unanimous favorable recommendation. Since many sections have changed and new items have
been added since this Ordinance was first introduced in February, the Department felt it was
necessary to make Public Notice and place this back into the Public Hearing portion of the
agenda. However, it is the Department's hope that the Commission votes to suspend its Rules,
thereby sending this item to the City Council.
Please find the following enclosed:
. Summary of proposed changes, per Chapter.
. A color-coded draft indicating the type of change made in each section. Sections in
Green are minor language modifications,. Blue sections indicate something is moving or
being re-arranged to make each Chapter consistent in its structure. Sections in Red
indicate more significant changes and/or new regulations.
If you have any questions please call at 571-2417.
Page 1
ONE CIVIC SQUARE
CAR.'\>IEL, INDLWA 46032
317/571-2417
CITY OF CARMEL &: CLAY TOWNSHIP ZONING ORDINANCE
Section
7/6/2004
TABLE OF CONTENTS
Palle Summary of ChaD!!:e (Patch IV)
ENACTMENT - INTERPRETATION
1
2
3
Title, PUIpose, Authority and Jurisdiction .................................1-1
COlIlpliance with the Regulations...............................................2-1
Defmitions.................................................................................3-1
DISTRICT REGULATIONS
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20A
20B
20C
20D
20E
20F
20G
20H
20J
Districts and Boundaries. ...... .................. ................................... 4-1
S-1 Residence District............................. ................................... 5-1
S-2 Residence District..... ........................................................... 6-1
R-l Residence District ............................................................... 7-1
R-2 Residence District ............................................................... 8-1
R-3 Residence District ............................................................... 9-1
R-4 Residence District ...............................................................10-1
R-5 Residence District (pianned District)..............................11-1
B-1 Business District .................................................................12-1
B-2 Business District .................................................................13-1
B-3 Business District ...................................... ...........................14-1
B-4 Business District (planned District) ....................................15-1
B-5 Business District ................................................................16-1
B-6 Business District ................................................................17-1
B-7 Business District .................................................................18-1
B-8 Business District ................................................................19-1
I-I Industrial District...... ......... ................. ......... ............ ............ 20A-l
M-l Manufacturing District ................................................... 20B-l
M-2 Manufacturing District ....................................................... 20C-l
M-3 Manufacturing District (planned District)..........................20D-l
C-l City Center District .............................................................20E-l
C-2 Old Town District ...............................................................20F-l
OM Old Meridian District ......f1............................................... 20G-l
P-l Parks & Recreation..............................................................20H-1
AG-l Agriculture District ...................... .................................... 20J-1
SUPPLEMENTARY REGULATIONS AND DISTRICTS
Consistency
Clarifies BZA action
Adjust TOWER definitions
Conective
Consistent wlDefs.
None
None
None
None
Consistent wlDefs, remove pools
Add ADLS, chapter consistency
Chapter Consistency
Chapter Consistency
Chapter Consistency
REPEAL CHAPTER
AddDP, <lOBSistenoy, pools
Add 1)IJ..ch.aptet consistency
Consistency, clarification
Add DP, consistency
Chapter Consistency
Add DP/ADLS, clarification
REPEAL CHAPTER
Chapter Consistency, clarification
Clarification
Clarification
Add DP, Signs to Sign Ordinance
None
None
21 Special Use Regulations............................................................. 21-1 None
22 Flood Plain Districts ..................................................................22-1 None
23A State Highway431- Keystone Avenue Overlay Zone............... 23A-1 Chapter Consistency
23B U.S. Highway 31 - Meridian Street Overlay Zone .....................23B-l Consistency, Clarify occ. floors
23C U.S. Highway 421 - Michigan Road Corridor Overlay Zone..... 23C-l Consistency, Clarify in&out tracts
23D Old Town District Overlay Zone ............................................23D-1 Clarification, Retail in RL sub-area
23E Home Place District Overlay Zone ............................................23E-l Chapter-c-onsistency
24 Planned District Regulations ..................................................24-1 Change Title: DP/ADLS Regs
25 Additional Use Regulations..................................................... 25-1 Pool covers
25.07 Sign Ordinance......................................................................... 25.07-1 OM, Nonconforming signs, charts
26 Additional Height, Yard and Lot Area Regulations................... 26-1 Clarification
27 Additional Parking and Loading Regulations ............................27-1 Add missing title to 27.01
28 NonconfoIIDing Uses and ExelIlptions.......................................28-1 Consistency
Table of Contents
i
CITY OF CARMEL &: CLAY TOWNSHIP ZONING ORDINANCE .
Section
Page
ADMINISTRATIVE - ENFORCEMENT
Administration.. '" ........... ............ ...... ............. .......... .... ........ ...... 29-1
29
30
31
32
33
34
APPENDICES
A
Board of ,Zoning Appeals.........................................................30-1
General Provisions ............................................ ......................... 31-1
Manufactured Homes .................... ....... .............. ............ ............ 32-1
Residential Open Space (REPEALED) ....................................33-1
Zoning Violations ..... .......... ...... ........................................ .........34-1
II
Schedule of Uses ....... ........... .................. ............... ............. ........
Reference to Building Code in CC
SU & SE to Hearing Officer
None
None
None
None
None
Table of Contents
ii
Autumn 2003 vI
COLOR KEY
GREEN- i\'l i nor changes in language, clarification
BLUE- Organizational changes, chapter consistency, duplication
RED- New Language/Requirements
Sponsor: Councilor Mark Rattermann
ORDINANCE NO. Z-446-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana
(contained in IC 36-7-4), each unit of local government that wishes to adopt land use and
zoning ordinances must first approve by resolution a comprehensive plan for the
geographic area over which it has jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan")
Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay
Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No.
CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the
official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined
Zoning Ordinance; and
WHEREAS, the City
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is
authorized to amend the text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance
No. D-1600-02, the Carmel Zoning Ordinance is incorporated by reference into the
Carmel City Code; ...
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 150-02b
OA having received afavorable/negative/no recommendation from the Carmel Advisory
Plan Commission on Tuesday, MONTH DAY, 2004, it hereby adopts this Ordinance to
amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as
follows:
Section I:
CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION
a. Amend See/ion 1/)/: Til/e. to read:
1.01 Title.
Thi~ (lrdin;lnce ~hall he referred to. and cited a~. the Lllning Ordinance. Ordinalll:e Nil. 7~
u,(j Z-2S9. a~ ;lI11ended. uf the City (If Cannel itfttl-('"-hty-TtWrfl4ip. HamiltllJ) ('(lllnt)'.
Indiana.
h. Amend See/ion 1.02: pJ{/pose (fnd IfIlell/lo read:
1.02 Purpose and) ntent.
The Zoning Ordinance is an urdinClI1L"e fllr the development. through /lining. llf the
territory within the Jurisdiction Ilr lhe Gitf-H-let-t::.tty-}'htn COlTlllli~silln. In interpreting and
applying the pnlvision~ of thi~ ordinalll:e. they shall he held t(l he the minimulll
requirements for the pnlmotion of the public health. sakty. COlllf(lrl. Illor;ils. cUJ)n~nience
and general welfare. The Commj~~ion has given consideration tll the future prllh;ible IIse
of land in the telTitllry 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
pn:paratil1l1 of this (,rdinance.
C. Amend Section /.04: Jurisdictioll to read:
1.04 Jurisdiction.
WHEREAS. tire Tllwn Plan Commission of the Tuwn of Carmel. Indiana. under the date
of January 28. 1960. considered a petition n:questing joinder. forwarded by the Clay
Township Trustee and the Clay Township Advisory Board. and being Ll\orahle to the
petition. the Town Plan Cnrnrnissinn recull1menJed joinder to the Town of Cannel. and
the Town Buard uf Trustees suh>.equenlly passed a resollnillll selling forth the terms of
the juinder. one copy of which was filed with the Cuunty Recorder 01 Hamilton County.
Indiana. all in accordance \\ilh Chapter 46, Acts uf 1959. General Assembly. SUite uf
Indiana. Further. said joinder is transferred to the City of Carmel. established January].
1976, and
'VHEREAS. the executive nHmniUl'e of the City Plan Commission of the City of
Carmel, Indian<l, haying been duly authorized and acting in the name of said
Commission on Decem her ] 9, 2011], <Iutho.-ized the filing, with the Count)' Rel'order
of Hamilton County..lndian<l, of' a dCStTiption or map ddining tlll~ limits of' the area
undt'r its jurisdiction, whkh deslTiption or map included both the illl'orporated
area of the City of Carmel, I ndiuna. and till' unilll'orporated area of' Clay Township,
Hamilton County, Indiana, whkh description or m<lp was filed "ith the COllnty
Ret'onler on Beel'mlll'r ] I. 2111l3. all in accordann' "ith Indiana Code St'ctioll 36-7-
4-205;
NO''', Therefore. the are~1 of jurisdicti(ln shall be the incorporated area of the City uf
Carmel. Indiana. ;l1ld the unincorpl\ralCd area of Clay Township. Hamilton Cuumy.
Indiana.
2
r-
CHAPTER 2: COMPLIANCE WITH THE REGULATIONS
J. Amend Sec!iun 2J)]: Building and Land Use to rcad:
2.0 I Building and Land lIse.
Nn Building (\r land shall b~ us~d and nu Building shall be crt'cted, r~c()nSlrllctt'tl (lr
Sllucturaliy altered which is arranged. intended, ,)r designed to h: llseu fur any pllrpuse
(lther than .1 Use \\hich is pumitted and spel'ified in a Distri"t in which sllch Building I)r
land is locatl'd without first hlning had an appropriate Use Varialll'c approH:c1 by
the Board,
e. Amend SecTiol/ 2.02: Height to read:
2.02 Height.
No Building shall he erecteu. rt'cunstrllct~d or structurally altered \ll exct'ed the limits of
height estahlished and specifieu for the Use and the District in which such Building is
located pl"ior to ha\'ing had the appropl'iate Devdopmcnt Standards Varialll'e
appro\'cd hy the Board.
f. Amend SecTion 2.03: Yurd. LoIAf"{}{I, {lml Size (~rB/lilding to read:
2.03 Yard. Lot Area. and Size of Building,
No Building shall he erected. reeunstruct~d or structurally altered in any manner which
will encroach UP()Il, ur reduce in any manner. the Yards, Lut Alea per Dwelling Unit.
Grountl Floor Area of residential Building. or Lut C(llerage regulations. estahlished and
specified for the Use and the Distrid in whieh such Building is located prior to having
had the appropriate Dc.n:lopment Standards VariaJu-e(s) apprond hy the Board.
g. Amend SecTion 2JJ4: LoIs to read:
2.04 Lots.
In no ease shall there he more than nne (I) Principal Building used for residential
purposes. and its ACe't'ss"ry Buildings. located on one (I) Lot. ber)' Building hereafter
erected shall he ]()cated on a platted Lot or on an unplatted Lot ur tract as appruwd by the
DireetoL \\hieh abub upon and has adequate frontage on a puhlicly dedicated Street and
has adequate storm water drainage: unless the appropriate Dnelllpml'nt Standards
Variance(s) has been approved hy the Board and/or the apprnpriate Subdhision
Waiver(s) has heen approved by the Commission,
..
h. Amend SecTion 2'()7: Mobile Homes to read:
2.07 ~lohilc Homes.
All inhahited :\lohile H'lllles shall he located in a J\lnbile Hulllc t.'flttH Park that has
rc'ceived Special Use ap[)['(wal. No inhabited J\Johile Home. uutside an appfllved Muhile
Hume CiliIH Park, shall he connected to utilities except thuse !Vlobile Hpl1ICS being
,)ft'ered fpr sale, l\lnhile Hllllles lIsed for all uther purp,)ses shall be pla,'ed in accordanl'e
with the regulation of this Ordinance.
3
I. Amend Sec/ioll 2.fO: Suhdivisioll oj'Lwu! to read:
2. J() Suhdivision of Land.
The Subdivision of 1;lfld IIl:r)' oc,-"ur in :ll'cordancc with tlw Suhdivision Control
Ordinancl' in all /()Iling districts cqahlish('d in Seetinn 4.0J.
CHAPTER 3: DEFINITIONS
J. Amend Section 3.0j to read:
3.05 Words not defined herein but d\::fi,ncd in the (~ifffk'-l Subdi\ isidn Control Ordinance shall
b<i? i'nrerprercJ in acnwdann: \\i,tl1 the Sllbdivision Control OrdinarKe dclinition.
k. Amend See/ion 3.06 to read:
3.06 Words and terrn~ !Tvt defined herein 1..1r in the GaHRt;t Subdivisinn Control Ordin;llIce
shall be interpreted in accord with th~'ir nDrIna] dictionary meaning and V'ust'lIl1ary usage.
1. Amend the following definitions' in Sectio1l 3.07 to read:
3.07 Definitions:
TOWER. A ground or roof-mounted pole, spire, structure, or combination thereof taller
than fifteen (15) feet, including supporting lines, cables, wires, braces. and
masts, intended primarily for the purpose of mounting an Antenna, a
meteorological device, or other similar apparatus above grade. The term does
not include (I) a water tower that is owned by public utility or municipally
owned utility; or (2) any pole, spire, structure, or combination thereof on
which an amateur radio station antenna is mounted.
TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground-mounted pole,
spire, structure. or combination thereof, including supporting lines. cables,
wires, braces, masts. intended primarily for the purpose of mounting a radio or
television transmission antenna (other than an amateur radio station
antenna) above ground.
CHAPTER 4: DISTRICTS & ItOUNDARIES
m. Amend Seuion 4J)f: Zoning DisfriCls Es/uhlished to read:
4.0 I Zoning Districts Estahlished.
The City oi" Cannel ;1I1d its jurisdictional area IS hereby divided into the f\llIo"ing
districh:
frirnarv Z(l!ljll~ Districts:
s- 1 Residence DiSTrict
S-2 Resicknce District
R-l Residence District
R-2 Residence DisTriC't
R-3 Residence Disrriet
R-4 Residence Distrfet
R-S Residence District t-P-Ianned-J)bt-Fit't-)
B-1 Busine.ss DisHict
4
B-2 Business District
B-3 Business District
H-4-1 ~HSi nt:'Ssl Jist-rwt-( PlunnedDtstrid)
13-) Business District
13-6 Business District
13-7 Business District
B-R Business District
C-I City Center District
C-2 Old Town District
OM Old l\1eridian District
1- I I ndw;trial District
1\'1-1 Manufacturing District
M-J-~-t-llnHfiwhtr-ing-l}ist-r-it't
1\1- 3 Manu fact uri ng District f-!!}unnetJHistl-it't4
1'-1 Park and Recreation District
AG-I Agriculture District
Planned Unit De\elopment District
SeQ.1.nQ~r:y Zl.1njD..!L Di~tJ:i~t.~:
FP Flood Plain District
FW Floodway District
FF Fhmdway Fringe District
State Highway 431 - Keystone A venue Corridor ()\erhlY Zone
U.S. Highway 31 - Meridian Street Corridor Overlay Zpne
U.S. Highway 42 I - Michigan Rpad Corridor Overlay Lpne
Old Town Distrkt Overlay ZOl1e
Home Place Distrid {hcrlay Z{)l1e
n. Amend Section 4.02: qtficial Zoning Mop to read:
4.02 Official Zoning Map.
Territory within the Jurisdiction of the P-latl COlllmission oHhe City of Carmel. Imli-tttHt:
is hereby divided into zones. or districts, as shown on the Official Zoning Map which.
together with all explanatory matter thereon. is hereby adopted by reference and declared
to be part of this Ordinance.
The Official Zoning l\lap shall be identified by the signature of the l\layor and the Clerk-
Treasurer under the \\ords "Ofticial Zoning Map:' together with the dale of the adoption
of this Ordinance.
Regardless or the exi:iJence of purported copies of the Official Zoning Map which may.
from time to time. be made or published. the Official Zoning Map shall be located in the
office (\1' the Clerk-Treasurer and shall be the final authority as to the current zoning
status of land and waleI' areas. buildings and other structures within the .Jurisdiction (If the
HtHlldfGk+y-P.htH Commissi()J).
n. Amend Seelion 4.04: Ofllciol Zoning Mal) Replucenwn/ to read:
4.04 Otlicial Zoning Map Replacement.
In the event that the Official Zoning Map becomes damaged. lost, or difficult 10 inlerpret
be'cause of the number of changes and additions, the City Council may by res(llution
ad(\pt a new Official Zoning Map which shall supersede the pri(lr Official Zoning Map.
The ne\v Official ZOlling Map may correct drafting or other errors or omissiolls in the
prior map. but no such correction shall have the effect of amending the miginal Official
Zoning Map or any subsequent amendment thereof.
5
CHAPTER 5: S-l/RESIDENCE DISTRICT
p. Amend Section 5JJJ.OJ: Minill/lI/fI Arm Rt'(j/firemel/t,\' It) read:
5.01 Permitll'd USl'S:
-_..._._--_._..~-- ---_.,~.._--- ---..--...--....--
~-hoeuttlH\ ~liHillHlm-A.ffa EiJ'lH'Vtl ~t'fIt-i.)t'Hsily-f-;\lit"Hnum}
fr\-t'ffS-l
Res-iJettltill--s'HPtl wi,; H4fb-.I+'l.'illed ~lc'R-i-h:'feS,~f1tl mhef-t,f..I+->t S-HI .j,.;\-I, l!-S;-1-tfl~--fHlfn~f-++l-~H:'s...in
~s-l._.,~!~<';jffing-t\.lill-R+'ilt!-..aHtl suhJt'riStHfl SitBt.ltv.fs.i"n
ntH'! It .,+f-l4+ ".,';t-fet'!
ReshlelHtHI-s*,,-lf..v-P.i.H4fl.--HWitte+1 .L4+-l-.at'fes-.-ttflleS-H IHHhef-,4:..J,lb---in .H.)..I++!!Y-;-.tiflleS--ffiml1ff'f-,~f--HH6-tn
w-t>s!-of-Stwi f~li II-R+>ad..-fffiflh-Hf suhdivtstHfl sW-'{Ii-VtSH'H
+ I-B'~ --S!fee!-itnJ--SHfHh -of-14r'
&tft'e!
R~k>tH ial'-s*,,-ltBSHlfl ;---I'*itl~ 4c'R-iK'f6,-!imeS-fltlmkF"ot=-hw..;- in j.;-)- -H 'ls;----tHnes-fJ tfmj~r-.+)I:"-rt€fes..tn
wes-l-+..f.--.St'l't>>g-MtH-R+'iKl-tttlll subdtvistOH suhtl i.vtsiHfl
SHtllh.of-l-.j{)'~-:-SH~
R6Klen!tal--sulx4iffiitltl,----tHi.'itlt'tJ (H~"*fes-,tiH_les-flHmBef-+}t:..JBts-tn ~-lHb;.-tiffJ<'oS-nllmlff'f--+,f:..n€res__Hl
t'ttSl-Hh<.;1*ttl~-NliH..RHiKl s-uhtliv.tsitltl s IffidffisiHH
St't'7'\t1Ih'l/di-:h\.'-Sf-'lU'tlU 1i'-t+(-U""6.
.'i.0 1.0 1~"liflHHtIftf--AreaR~':rtHift'-ft1t'-tlb: See Appt'fulix A: Schedule or Uses.
:rhis~4 itm-47e"dlttl-itne€l-lhe-he-~h~tttlll.art'tt-f&tHift'fnefl-l;;-ff\f-ffid~ffil ual-Iftl ,;-t-h.aHtftL€-HHlnilled
if~HH/-~,.j~~Ite-HltliHg-{)ffitnilftt'e .
q. Amend Section 5JJ4.03: lvlinill/IIII/ Lot Stalldards; 9B: Minimlllll Side }fard; .~~J:
Sing/e~f(/Jni/y Home to read:
5J)4.03 MinimulIl Lot Standards:
B. ~linil)1Unl Si0e Y'llic!:
I. Sin~le-family ht-ltlff' Dwelling: Ten (II)) feet;
r. Amend Seclioll 5JJ4.03: Minil/lll/l1 Lot Stalldunjs: .9C: Alinilllllll/ Aggregate (~r
...
Side YOI'd; !$.~l: 5'illg/('~j(mli/y Home to read:
5.0-L03 ~I inimunlLm.StilllL1ards:
C. ~\'linill111m A~~re~ate uf.Side Yan!:
I. Singh>family ItHtHe Dwelling: Thirty (3ll) feet:
s. Amend Seclioll 5.04.03: iHinill/lIIll Lot SWfld(/rds; ~[): Minill/IIIII Rear }fun/: {~J:
S'ing/e~/(lIlli/y lIoll/(, to read:
5 .l)4.l n ~vI i n i Il1.lJll}...LllL2Uml] a r\b:
D. i\linil1lul1l Rear Yard:
I. Single.family Ih"He Dwdling: T\\("1l1Y i2()j feet:
6
I. Amend Sect ion 5.04JJ3: AI inilll//1Il Lot Stondards: F: A1 in illl I III I Lot widtll.. }:
Singh'fwllily l10llle 10 read:
5.04.03 ~1illillluml:ot ~lan~Jnl~:
E. lvlinimum Lot Width:
I. Single-family RttHlt' n\\clling: One hundred l\\enty (1.20) feet:
CHAPTER 10: R-4/RESIDENCE DISTRICT
1I. Amenu Section }O.02JJ}: Minilll//III A reo Rnj//irements 10 read:
1O.m.OI Minimulll Area Requirements:
!t~
Mohile Home ttltIft Park
MinilllliD!.lli~-'!
(Acres)
Fifteen (15)
Also. same as 5-1 District regulations of Se<'iiOIl5.02.0/.
v. Amend Section 10.03.02 to read:
1O.03.02Swimmine: Pool. See Section 25.01.01(C)(8). ^ 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. ffl
purposes for safety, the following shall apply:
+. '.valls or feneing deemed to be impenetrable by the enforcing al:lthority, that is
not less than five (5) feet high comflletely sHrrounding the swimming pool and
the deck area ,,"ith exception of self closing and latehing gales and doors, both
capable of being locked;
~. other means not less than five (5) feet high and deemed impenetrable by the
enforcing authority at the time of construction and completely surrOl:lRding the
pool and deck area when the pool is not used; and
~. a combination of subdivisieNs (!) through (2) that completely sl:lrrounds the pool
and deck with the exception of self closing and latching gates and doors which
are capable of being locked; and
4. in conjunction with 0), (2), or (3) a safety pool cover may be used provided
tOOt :
...
a. there is a continuous connection between the cover and the deck, so as
to prohibit access to the pool when the cover is completely drawn over
the pool;
e. it is mechanically operated by key or key and switch such that the cover
cannot be drawn upon er retracted without the use of a key;
e. it is capable of supporting a f-our hundred pound imposed load upon a
completely drawn cover;
4. tt-is installed with a track, rollers, rails or guides; and
e. it bears an identification tag iFldicating the name of the manufacttlfeF,
name of the installer, installation date, and applicable safety standards,
t-Hmy.
7
W. Amend ,)'ecliun 10.04.02: Minillll/lIl LOI Size: D. to read:
IlJ.(l4.l)2 :'vjin;mlllll Lil.LSi/~:
D. L ,l~ with l[Jrnmunity water ~y~tel1l and cOl1lnlllllit} ~anitar} ~cwer ~.y~tem: ~'H10
sq ua re fl'l't ;-~-St<t 'fiH~..O..'" O,i .
CHAPTER 11: R-5/RESIDENCE DISTRICT
X. A mend Ihe Tit Ie of ChapliT II: R -5/R esidence Disl riel (Plalll/cd Ois/rie1) to read:
CHAfYITR II: R-5/RESIDENCE DISTRICT WbANNl;P-P!S1~RK-:::r-l
v. Amend Section II.nO.OI: Purposc (/nd In/en/lo read:
It.OO.OI Purpu~e andJ_lltc'l\.
The rt!l"p,,~e of lliis the R-5 Di~trict is In provide for the enculIl"agement "I' large ~cale.
Jiv,'rse residential devduPlllcnts of goud design with re~idential open space. and
maximum living amenities. tvli'c'd residential structUl"es. their supporting accessory
buildings and uses and limited commercial uses arc alhJ\\cd with ma\imulll laYilut
t1evibility permitted. Densities are variable II ithin the district in nrder tn assure
ver~ati!ily of development. Applicatinn tu the PhH1 Commission is required for
Architedural Design. Exterior Lighting, Landsl'aping and Signage (A DLS)
~aFy-f)evet"'fHReHt-Plnfl approval and Fiffitl De\'t'lnprncnt Plan (DP) appwval.
z. Renumber See/ioll J 1.00.02: Minill/lIlIl Tro('/ Re(ll/irell/l'n/s 10 Section I J.OO.03:
Minimum TraCl Reqlliremenls.
aa. Adopt Section 11.00.02: Plan Commission Approval to read:
I 1.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP)
of any proposed use of any Lot or parcel of ground within the R-5 District prior
to the issuance of an Improvement Location Permit by the Department. See
Section 24.02: Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure
the compatibility of the proposed use with adjoining areas. the Commission shall
review the Architectural Design, Exterior Lighting. Landscaping and Signage
(ADLS) appl'lcation of any proposed use of any Lot or parcel of ground within
the R-5 District prior to the issuance of an Improvement Location Permit by the
Department. See Section 24JJJ: Architectural Design, Exterior Lighting,
Landsmping and Signage.
ab. Adopt Section 11.00.99: Application Procedure to read:
11.00.99 Application Procedure.
A. Development Plan. See Section 24. 99(A): Development Plan.
E. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99( B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
8
ae. Amend See/ioll J J.{J4J)5: Greenhd/ Bulli>rto read:
I I.04.())(rrecnbcILJluffex. r\ grecnbclt buffer ~hall he provided. <lnd may lakc the fnllnwing
fmm~ :
A. A lalld~capcJ transitinnal area dc~igned consistcnt with Satil/n 26,fJ4:
Perimeter Hujl'ering Reqllin'ments lJw.-f2Ian-G-+ttttHi-s-s-iBtt---Gttidt4ilk's---li.r
bnt1tl~itpe--Bu4'ffftflf. l lr
B. Op~'n ~pacc. design pursuant to Ihe ChoJl/l'!' 7 of the Subdi\i~ion Regulatil1n~.
ad. Repeal Section 11.05: Application Procedure:
.~ ,^.pplicatioR Procedure.
Procedures ami reljuiremeRts for PlaRRed Di:~trict approval are set forth iR c.~ttp:er 24:
P!8l'Uwd Dis:,.-ict RegulatisHs.
CHAPTER 12: B-1/BUSINESS DISTRICT
ae. 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 24. 99( B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
af. Amend the title of Section 12.02: Special Uses to Section 12.02: Special Uses &
Special Exceptions.
CHAPTER 13: B-2/BUSINESS DISTRICT
ago Adopt Section 13.00.99: Application Procedure to read:
13.00.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See
Section 24. 99(B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
ah. Amend the title of Section 13.02: Special Uses to Section 13.02: Special Uses &
Special Exceptions.
CHAPTER 14: B-3/BUSINESS DISTRICT
aI. Adopt Section 14.00.99: Application Procedure to read:
14.00.99 Application Procedure.
A. Development Plan. See Section 24. 99(A): Development Plan.
9
B. Architectural Design. Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24. 99( B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
aJ. Amend the title of Section 14.02: Special Uses to Section 14.02: Special Uses &
Special Exceptions.
CHAPTER 15: B-4/BUSINESS DISTRICT
ak. Repeal C/llIjlTer 15: B-4/Business Dislric/ (Plol/I/cd Dis/ricT) ill its entirely.
CHAPTER 16: B-5/BUSINESS DISTRICT
aI. Amend Section 16.00.02: Plan Commission Approval; .9A: Development Plan to
read:
16.00.02 Plan Commission Approval.
A. Dev~loprnent Plan. Not reql:lired. The Commission shall review the
Denlopment Plan (DP) of any proposed use of any Lot or parcel of ground
within the 8-5 Distrkt prior to the issuance of an Improvement Location
Permit by the Department. See Set.'tion 24.02: Development Plan.
am. Adopt Section 16.00.99: Application Procedure to read:
16.00.99 Application Procedure.
A. Development Plan. See Section 24. 99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
an. Amend the title of Section 16.02: Special Uses to Section 16.02: Special Uses &
Special Exceptions.
ao. Amend Section 16.03.02 to read:
16.03.02Swimmine Pool. Se<e also Section 25.01.01(C)(8). /\ private swimming pool may be
permitted as an accessory I:Ise, 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
purposes f~or safety, the f{)lIowing shall apply:
+. walls or fencing deemed to be impenetrable by the enf{)feing authority, that is
not less than fi'ie (5) feet high completely surrounding the swimming pool and
the deck area with exception of self closing and latching gates and doors, both
capable of being locked;
2. other means not less than five (5) feet high and deemed impenetrable by the
enforcing authority at the time of construction and completely surrounding the
pool and deck area when the pool is not used; and
~. a combination of subdivisions (I) through (2) that completely surrounds the pool
and deck .....ith the eKception of &elf closing and latching gates and doors which
are capable of beiHg locked; aHd
10
r--
4. in conjunction 'Nith (I), (2), or (3) a safety pool cover may be used provided
that :
a. there is a continuous connection between the cover and the deek, so as
to prohibit acce:;s to the pool when the cover i:; completely drawn over
the pool;
b. it is meehunically operated by key or key and switch sueh that the cover
cannot be drawn upon or retracted withoHt the use of a key;
e. it is capable of supporting a four hHndred (100) pound imposed load
upon a completely drawn cover;
d. it is installed with a traele, rollers, rails or gHides; and
e. it bears an identification tag indieating the name of the manufactHrer,
name of the in:;taller, installation date, and applicable safety standards,
tf--aRy .
CHAPTER 17: B-6/BUSINESS DISTRICT
ap. Amend Section 17.00.02:Plan Commission Approval; *A: Development Plan to
rcad:
17.00.02Plan Commission Approval.
A. Development Plan. Not required. The Commission shall review the
Development Plan (DP) of any proposed use of any Lot or parcel of ground
within the B-6 District prior to the issuance of an Improvement Location
Permit by the Department. See Section 24.02: Development Plan.
aq. Adopt Section 17.00.99: Application Procedure to read:
17.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
ar. Amend the title of Section 17.02: Special Uses to Section 17.02: Special Uses &
Special Exceptions. ..
CHAPTER 18: B-7/BUSINESS DISTRICT
as. Adopt Section 18.00.99: Application Procedure to read:
18.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
at. Amend the title of Section 18.02: Special Uses to Section 18.02: Special Uses &
Special Exceptions.
11
au. A mend Seel ion /8. 06JJ /: LUl1dscaping PllIn to read:
) 8.06 Lands.c:,lfJj!lgJS.~.mLi.r~me_m~.
I S.Oh.O I LandsG-'fling Plan: A Landsl:aping Plan sh~d I he suhmitted It) the Phm
Commission f<)r its ~Ippr<)val al the same time other plans (i.c.g.. archilectural
design. lighting. p~\Jking and signagel are suhmillcd. This pl~lIl sh~dl he dr~lwn to
s,'ale. including dimensions and distances: shall delineal,' all (':\,isling and
proposed strudUfes, private parking ~lreas. walks. ramps rur handicapped.
terraces. drivcways, lighting standards. signs. steps ;lI1d ulher similar structures:
and. shail delinealt' the I<)cation. size and desniplion of all lalltbcape material
and the method to be used for the watering or irrigation of all planti ng areas.
Landscape Ireatment fur plazas, roads, paths. service and private park ing areas
shall be designed as an integral and c<)ordinate part (If the LlI1dscape Plan fllr
the ent ire 1(11.
avo
A mend Sect ion 18.06'(J4
/nslallulioll 10 read:
L({nds('(/ping Instal/at ion and AIainh'lwnce; .~ /:
IS.OC) 1.andsl:i.!I2!IH.! Rel)~ili:eIlK'nts.
I X.I 16,( 14 La!1lGcapilJ,g..Lnswllat i..0.D...:.!IJ.<l~J..;linlen;!~l~.~:
I. Installation: Ail required landscaping shall be installed prior In the
issuance of a Certi ficate of Occupancy hy the Diredor Pej*tft+He-Ht
Adtfti-ni4filtftF. I r it is nol possihle to install the required landscaping
because of VI eat her condit inns. t he property owner shall p( 'st a homl for
an amount equal III Ihe tnlal cost of the required landscapin); prim 10
the issuance nf the Final Certi ficate of Occupancy.
aw. Amend See/iof/ /8JJ6JJ4: LOf/dscaping Instal/(/tion (///(1 M(/illlef/Oncc:
*3:Clwl1ges (/Iia Approml to read:
1 S.06 Landscapin~ Requirements.
18JJ6.04 Landscapin~ Installation and ;\-laintenance:
~ Ch~llH:!es After Apj)J'(wal: No landscapin~ which has heen approveu hy
the I2httl Commission may later be ~lltercd, eliminated or sacrificed
withoul firSlobtaining further J1.lftA Commissiun approval.
ax. Amend Section J SJJ7: St/fruge. Display (/1/(1 Rejilse tu read:
18.07 Stora~e. Display and Refuse.
All storage. display and refuse shall he completely enclosed in a tHittn Principal nr
Accessory Building.
ay. Repeal Section 18,08; Application Procedure.
-l-&J}8 :\pplicatioR Procedure.
1 &.08.01 CORsultation with Director aRd :\pplicatioR. i'.pplicants shall meet with the
Director to review the WRing classification of their site, review the regt:llatory
ordinances aRd materials, review the procedures and examine the proposed use
and development of the property. The Director :;hall aid aRd advise the
applicaRt iR preparing his application and sHpporting documents as necessary.
The applicant shall submit two (2) copies of the written applicatioR fmm, two
12
(2) copies of the proposed Development Plan (DP) with its Land:;caping Plan,
and all other necessary supporting document:~ and materials.
18.m~.02 Initial Review of the l\pplication :u'Id Supporting Documents and Materials by
the-f).jrector; Submission to the Plan Commission. Following the receipt of tfle
written application, Development Plan (DP) ',vith Landscaping PlaR and
Recessary sHpporting documents and materials by the Director, he shall then
reviev; the materials solely for the purpo:;e of determiniRg ',vhether the
application is complete, iR technical compliance with all applicable ordinaRces,
laws, and regulations aRd is to be fonvarded to the Commission. If the materials
submitted by the applicant are not complete, or do not comply 'Nith the
necessary legal requirements, the Director shall inf-orm the applicant of the
deficiencies in said materia\:;. Unless and until the Director formally aecepts the
application a:; complete and in legal compliance, it shall not be eonsidered as
formally filed for the purpose of proceeaing to succeeding steps toviara Plan
Commission approval as hereinafter set forth. Within thirty (30) days of the
formal acceptance of the application by the Director, he shall formally file the
applieation by placing it lIpon the agenda of the Commission, according to the
Plan Commission's Rules of Proceaure. The applicant shall file for each Plan
Commission member a copy of the Development Plan and sllpporting
documents and/or materials.
18.08.03 Public Hearing b', Plan Commission: Once the Director has aceepted und-fi.letl
the application with the Commission. the Commission or its aelegate shall
assign a docket number and set a date and time for a public hearing as required
by the Rules of Procedure of the Commission. The applieant shall be
responsible fDr the cost and publication of the required published legal
notification of the public hearing. The applicaRt shall al:;o notify all iRterested
parties and property owners as required by the Rule:; of Procedure of the
Gemmission. The condHet of the Public Hearing shall be in accordance ....,ith the
Commission's Rules of Procedure.
CHAPTER 19: B-8/BUSINESS DISTRICT
az. Amend Section 19.00.02(A): Development Plan to read:
19.00.02 Plan Commission Approval.
A. Development Plan. Not required. The Commission shall review the
Development Plan (DP) of any proposed use of any Lot or parcel of ground within
the 8.8 District pri2r to the issuance of an Improvement Location Permit by the
Department. See Section 24.02: Development Plan.
ba. Adopt Section 19.00.99: Application Procedure to read:
19.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design. Exterior Lighting. Landscaping and
Signage (ADLS).
bb. Amend the title of Section 19.02: Special Uses to Section 19.02: Special Uses &
Special Exceptiolls.
13
he. Amend See/ion 19.ri3: Accessory Buildings (jnd Uses 10 read:
19.03 Acc~ssorv Buildin1.2s and Us~s. St't' also Scetioll 25.01.
Accessmy Buildings and Uses customarily and purely incidental tll lhi;? uses allll\\l'J in
this district are permitti;?d contingent uron P.lrtll C,'mmission appn)\al (st't' Sce/iol/
19.(}().03) and under the following c,)nditiuns:
I. provided that the huilding materi:t1s and color are comp:lIibk with those Ill' the
f*HHary Prindpal Building.
hel. Amend SeClioll 19.05: Porking (f1U1 Looding Benh Requirl'lIlen/s to read:
19.05 Parkin\! and Loadin!! Berth. RC4uirement~. (See Chllp/!'r 27: Addi/illl/{/! I'urkil/g S
Lllmlil/g Hcgll/ll/iol/s fllr additional requirernel1ls.)
1l).O.'i.lll The parking requirements 0'- Cho/lll'/" 27: Addi/illl/o/ I'urkillg (\ l.lll1dillg
Hcgll/lIIiol/s notwithstanding. if the structure is Illcated in an area where
COlllmtJn p;lrking is available to the users of the facility. Ihen parking can be
reduced by the amount of Cl1l11l11on parking spaces \\ hich can reasonably be
allocaled to the fal"ility. A Parking Plan shl1wing roadways. entrances. exits and
Clllllllll1n area parking in retlti,)n io all structures shall be filed and appnl\ed by
the Plun ClImmissi()n.
19.05.02The loading requirements of ehll/lter 27: Addilioll{// Pllrkillg ell Loot/ill.!!.
Hcgll/mimls nlltwithstanding. loading berths and trash collection areas shall be
permitted per the demand uf the business establishments and shall he identified
on the Site Plan. A Luading Plan shall be filed and ~lppr(lved by the l!Htn
Commission. Trash collection areas shall be prnperly sLTel'ned and enclosed.
be. Amend See/ion 19.06: Ltmdsul!Jing Re(IUiremenls to read:
]l).()6 Landscapin1.2 Requirements.
Where a lot or parcel of ground used for business purposes in the B.X Diqrict abuts. PI'
adjoins aLToss a street (adjoining across a limited access highway is excluded), a parcel
loned or used for residential purposes, a greenbelt or lawn area with it minimum width of
thirty (30) feet shall be prnvided along the abutting PI' adjllining property line. A planting
screen. n>nsisting of suitable shrubbery. shall he planted at the time of construction oL or
conversion tll. a business activity and shall be maintained in order 10 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 abulling and adjuining residential pmperties. Vision
clearance on corner""jots and at the intersections of slreets and driveways shall be
obsened and maintained. No accessory buildings or uses may be erected ur pursued
within the required greenbelt or lawn area with the exception of sidewalks. decorative or
protective items. other landscaping items and signage as perlllilled by the Carlile I Gtfty
:-HWi!~ Sign Ordinance. Additional landscaping (such as streettreeSi Illay be required
by the lll-it!t COlllmission in order to maintain area-wide uniformity. A I.andsclpe Plan
shall be submitted concurrent with the Site Phlll.
bf. Amend Section 19.08: Signs to read:
19.()X Si!..'ns.
All signs shall conform to the GarH!e1-(-;+ay-TB-\Hb.h..j.r Sign Ordinance. Signs for each
rroposed use shall be unifmm in character as to color and archileclUral design as
arproved hy the 1!1,tH Cnnmission. A Sign Plan shall be submilled concurrent with the
Sill' Plan.
14
-
bg. Amend Sect ion 19.09: EI//agfllcy A ('[ 'fSS 10 read:
19.0l) l~~l.!\cc(,~.
Auequ<lle emergency ac((.'s~ ~IXICC ~hall be pruvided to the side and re~lr of all j)ftltlitf)'
Prineipall3uildings located within the district. All emergency access areas and facilities
shall be shown on the Site Pbn and reviewed by the Carmel Chief llf Police ami Carmel
Fire Chief.
CHAPTER 20A: 1-1 INDUSTRIAL DISTRICT
bh. Adopt Section 20A.00.99: Application Procedure to read:
20A.00.99 Application Procedure.
A. Development Plan. See Section 24. 99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
bi. Amend the title of S~ction 20A.02: Special Uses to Section 20A.02: Special Uses
& Special Exceptions.
CHAPTER 20B: M-l/MANUF ACTURlNG DISTRICT
bj. Adopt Section 20B.00.02: Plan Commission Approval to read:
20B.OO.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP)
of any proposed use of any Lot or parcel of ground within the M-l District prior
to the issuance of an Improvement Location Permit by the Department. See
Section 24J)2: Development Plan
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure
the compatibility of the proposed use with adjoining areas, the Commission shall
review the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) application of any proposed use of any Lot or parcel of ground within
the M-l DiS4rict prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.03: Architectural Design. Exterior Lighting.
Landscaping and Signage.
bk. Adopt Section 20B.00.99: Application Procedure to read:
20B.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24. 99( B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
15
bl. Amend the title of Section 20B.02: Special Uses to Section 20B.02: Special Uses
& Special Exceptions.
bm. Amend SectioJl 20/JJJ7.02: Fro/lt L{//u/.\ciI/l('d Vorl! to read:
20B,07 Land~caDilll! RL'quirell1cnt~,
20B,07J)2 Front LandsGll?~~_Yard: A fiftecn-fout \,15') lalllbcapcd ~tI1d
maintained yard ,Hea, l'l1rnposed uf trees ntlt less thall two and one-half inches
(21.'2"') dbha1ll1 spaced fifty feet (50') 011 centtT, shall he pn)\'ided next \() (an)
nistillg rcsidcllcc(s I or ,1 platted residential suhdil iSj.Hl ullless otherwise
determined by the GHtHHtf5.s.jfHler Dire{'!or nr unless otherwise required hy the
Board I'm Spc~'ial Uses.
bn. Amend Sec[ion 20/UJ7.(J4: Lwu!.\nljJing IJlslOl/mio/l 0/1(/ Moilllel/ul/ce: *1:
11Is[(/I/(/tiIl1l to read:
2(lB.(17 Lambcapilu;J{e~lltirelllents.
I.
Laillk0.!pi IH.' I nstallat ion and tvl ai ntcnance:
Inqall:.wi.ill: ;\11 required landseaping shall l1e installed prior to the
issuance of a Certilicate of Occupancy hy the Dep<trttHt'itt
AffiH.i.HtSl-HtIHr Dircdm', If it is not pllssibJe tll in~tall the required
landscaping becau~e III' weather conditiuns, the pruperty uwner ~hall
P(\st a bond fur an amount equal tll the IIltal cost uf the required
landscaping prior tu the issu<lllCe uf the Final Certificate of Occupancy.
20B.m,nel
CHAPTER 20C: M-2/MANUFACTURING DISTRICT
boo Repeal Chapter 20C: M-2/Mwll(/ilctltring District in its entirety.
CHAPTER 20D: M-3/MANUFACTURING DISTRICT
bp. Amend the Title of Chapter 2(jj); M-3//'v1aJ/l((acturing Dis[rict (Plunned District)
to reat!:
CHAPTER 2nD: M-3/jvIANUFACTURING l'i\RK DISTRICT (.J2L.\l':l';ED D~STR~GH
...
bq. Amend SeClion 20D.OO.OI: Purpose (/I/d hltenl to reat!:
20[),OO.O I
l'urRose and I nten!.
The purpose of the M-J Manufacturing Park District is to create and protect land areas
for the development of unified preplanned manufacturing and other compatihle bnd uses
within a p;uk- like setting. All activitics associated vv ith manufacturing. cOlllll1ercial.
v.arehtlllsing, transportation, service, office and residential activities shall he conducted
within completely enclosed buildings in such a manner that any nuisance fachlrs are not
emitted outside ftf the building. Solid visual screening of the outside activities including.
but not Iirniled It I, storage and trash collection areas shall be' inclmkd. It shall he a
requirement of all preplanned manufacturing pmks to be reI iewe'd and approved by the
<..;a-Fmel-J!latl Commission. :\ Development Plan shall ,{(.Idress the comprehensi, e
arrangement of land uses. buildings, landscape areas, road alld parKing areas rn
accordance with harllloniuus and aesthetic principles of architecture, de~ign, sIgn and
16
--
industri:d management. Land areas to be rezoned iv1-.) shall be served by publk utilities
(sn\'er, water, Cle.).
br. Adopt Section 20D.00.02: Plan Commission Approval to read:
20D.OO.02 Plan Commission Approval.
A. Development Plan. The Commission shaH review the Development Plan (DP)
of any proposed use of any Lot or parcel of ground within the M-3 District prior
to the issuance of an Improvement Location Permit by the Department. See
Section 24.02: Development Plan.
B. Architectural DesiCll. Exterior Lighting, Landscaping and Sil!nage. To insure
the compatibility of the proposed use with adjoining areas. the Commission shall
review the An:hitectural Design. Exterior Lighting. Landscaping and Signage
(ADLS) application of any proposed use of any Lot or parcel of ground within
the M-3 District prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.03: Architectural Desigll. Ettaior Lighting.
Landscllping alld Signage.
bs. Adopt Section 20D.OO.99: Application Procedure to read:
20D.OO.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See
Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
bt.
Amend the title of Section 20D.02: Special Uses to Section 20D.02: Special Uses
& Special Exceptions.
bu.
read:
Amend 5;ectiofl 20DJJ7. 04: Landscaping Installation and lvlail/tenonce; * / to
I.
Landscaping Installation and !vlaintcnance:
Installation. All required landscaping shall be installed prim to the issuance llf a
Certificate of Occupancy by the GernfHHe-Hf-Aumiffi.s1ffitt-\f Director. If it is nllt
possible tll install the required landscaping because of weather conditions, the
property 0\\ ner shall post a bond for an amount equal tll the tntal CllSt of the
required lantrscaping prillr to the issuance of the Final Ceni ficate of Occupancy.
20[).07.04
by. Repeal Section 20D.I0: Application Procedure:
2OO,-I-Q Application Procedure.
ProeedHres and requirements for Planned District approval are set fortH in Ch8ptcr 24:
Planed District Rcgu!6tilms.
17
~
CHAPTER 20E: C-l/CITY CENTER DISTRICT
hw. Amend SecTion 20E.OOJJ3: Approml (~r Develop/llenT Pion: .~4 to read:
20E.O().03: 0])p[l)val of Dc\'elupment Plan.
4. At>tt8fft'-A..aFiflg-;,;haH-l1e-tli:"-ltt-b)'-{ The UirCl'h)r shall hold a publk hearing
bl'fure il.dt'E-i-tks dcdding "hether to appn\\e ur dis,jppro\e a UP. However. Ill'
DP is requirt'd for additiuns It.> existing structures which.
a. Art' attached to the nisting structure:
b. Conlinut' the architectur,d design 01 the existing ''fruClure. including
exterior color and materials: do()!'s and windows. other detailing:
c. Meet \\ ith requirements uf the C-l Di~trict:
d. Do not exn:ed twenty percent (2()1);') of the miginal Gmss Floor An.'a
of the existing structure. applicable from the date ()fthis Secti'ln: ,l1ld
e. Have received a prior ADLS approval from the t~li1fl Commission.
bx. A mend SeCT ion 20E. 00. 03: Approvol of Dcvelopment PIII/z: (7) to read:
2()E()0()3: ARpt}Lvl!lof Dev~lDl?!.!KJlt Plan.
7. Zoning \Vlliyer. The applicant may !'e{jut'-st apply for a PtitH-8IHltHiYii-tHl
Zoning \Vaiver tH of the dimensional and llu,lTltitative standards of the C-l
District by not greater than thirty-five percent \35'k). consistent with
requirernellls set forth below:
a. The proposal shall be in harmony \I ith the purposes and the land use
standards contained in this chapler:
b. The prnpllsal shall enhance the llverall Development Plan, the
adjoining streetscapes and neighborhoods. ,Illd the overall City Cellter
District.
c. The proposal shall not produce a site plan or street!circulari,)n system
that WI\uld be impractical \\r detract from the appearance of the
Development Plan and the City Center District. and shall not adversely
affect emergency vehicle access or deprive adjllining properties of
adequate light and air.
d. The proposal exhibits extral1rdinary "ite design characteristics.
including. but not limiTed tll: Increased landscape treatment. tree
pre~ervation. public an, provisions I'm bicycles and!pr mass transit.
reduced surface parking coupled with provisions for above or beh)w
grnund parking facilities.
e. In granting a waiver. the C\)mmission may impose sllch cllnditions that
will. in its judgment. secure the purposes of this chapter. This
suhsection does not affect Ihe right of an applicant under Indiana law to
petition the Bt)ard f(lf a variance from development standards. as
provided in IC 311-7-4-91 XS and this Zoning Code.
by. Amend the title of Section 20E.02: Special Uses to Section 20E.02: Special Uses
& Special Exceptions.
18
CHAPTER 20F: C-2/0LD TOWN DISTRICT
hI.. Amcnd Sectio/) 20F, 00. 03: Apprul'u! ofDeveloJ)JII{,llt Plo/): (4) tn read:
lOF.OO.03: Appr,)\ al of De\ eloJ)lllentl'lan.
4. r\'i*lI'>li~-ll~arjllg-51tatl-he-helt~-bT~ Thc Director shall hold a publk hearing
before it-d€{'K1€S dedding \\ h<.'ther to arpflnc "I' di~apprO\l' a DP. I 10\\ C\cr. Ill)
DP i~ requircd fur additions to existing structures whkh:
a. Are all<lched tu the existing structure:
b. Continue the arL'hiteClural de~ign nf the e\l~lIng ~tructure. includilll!
exterior color and materials: d()()rs and \\indow~. utlwr det;tiling:
c. MeL'l with requirements of the C-I niSHil'l:
d. Do rwt exceed t\lenty percent (20':~) uf the uriginal (;ru~s Fluor Art'a
of the exi~ting ~Iructurc, applicable fnllll the datc Ill' this Section; and
e. Havc received a prior ADLS appro\ al from thc l!Jal-l COllllllis~iun.
ca, Amend Sectio/) 20FJ)(J.03: Approm! (~r/)evdopll/(,1I1 P!o/): (7) In rcad:
20 F. 00.03: ~PJ2[~) va I of De ve lllilJll.~lliJ.'l an.
7. Zoninc Waiwr. The appliL',lIlt may f€ttll€SI apply for a 1!lfllt-GHfHlHi55it~fl
Zoning \Vaiver tB of Ihe dil1lensiunal and quantitati\e standards Ill' the C. I
District by nut greater than thirty-fi\e percent 135',(-). cun~istent with
requirements set fnnh beln\\':
a. The pmposal shall be in harmony \lith the purposes and the land use
standards contai ned in this chapter:
b, The propo~al ~hall enhance the o\Crall Devel()pment Plan, the
adjllining streclscapes and neighborh(l(\d~, and the overall City Center
District.
c. The proposal shall not prnduce a site plan or street/circulation system
that \\lluld be impractical or detr;lct from Ihe appearanL't' n1' the
Devel()pment Plan and the City Center District. and shall not ad\Crsely
affect emergency vehicle aCCt~SS (\1' deprive adjoining prllpl'l'ties "t
adequate light ,lIld ,lir.
d. The prnposal exhibits c'\lraordinary ~ile de~ign characteristics.
including. but not limited to: Increased landsL'ape treatment, Iree
pre~ervatilln. public art, provisi(\ns f{)r bicycles and/nr mass transit.
reduced ~ur1'ace parking coupled with pro\ i~ions fill' abme or below
ground parking facilities.
e. In granting a \"Iiver. lhc Commission Illay impllse ~uch conditions that
will. in its judgment. secure the purpose~ of this chapler. Thi~
suhseL'lion doe~ npt affectlhc right {)f an applicanl under Indiana law to
pctition the Board for a variancc fWIll dcyelppmcnl sl;1I1dard~. a~
prn"ided in Ie lA. 7.-1.9 I 8.5 and this Z( ming (,pde.
cb. Amend the title of Section 20F.02: Special Uses to Section 20F.02: Special Uses
& Special Exceptions.
19
CHAPTER 20G: OM/OLD MERIDIAN DISTRICT
cc. Amend the numbering of Section 20G.0 I: Purpose, Intent & Authority to Section
20G.OO.OI: PU/1Jose, Intent & Authority.
cd. Adopt Section 20G.OO.02: Plml Commission Approml to rcad:
20G.OO.02
Plan Commission Aprroval.
B.
DevclQpment Plan. The Commission shall review the Development Plan (DP)
of any proposed use of any Lot or parcel of ground within the Old Meridian
District prior to the issuance of an Improvement Location Permit by the
Department. See Section 24JJ2: f)('I'e!ol'l1ll'nt Plal/.
Architectural Design, Exterior Lighting, Landscaping and Signage. To insure
the compatibility of the proposed use with adjoining areas, the Commission shall
review the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) application of any proposed use of any Lot or parcel of ground within
the Old Meridian District prior to the issuance of an Improvement Location
Permit by the Department. See Section 24.03: Architectural Design. Exterior
Lighting. Landscaping and Sigtlage.
A.
ce, Adopt Section 20G.00.99: Application Procedure to read:
20G.00.99 Application Procedure.
A. Development Plan. See Section 24. 99(A): Del'eloplllent Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), See
Section 24.99( B): Architectural Design. Exterior Lighting. Landscaping and
Signage (ADLS).
cf. Adopt Section 20G.OJ: unassigned.
Cll Amend Section 20G.05: DeI'elofJlIll'l/t ZOlles to read:
20G.05
Development Zones.
k'rl:!-ft-+H Eight (Hl development zones ale hereby established. each wilh its (l\\ n
development standards. Only ,hose lIses detailed within each /lJne shall he permitted.
S(~('{i()ll\' 5.Ii/throllgh 5.!)7 pnlVide design standards for within each de\e1opmentl.ones.
ch. Amend Section 20G. 05. oj : Single Family Attached Zone; *J: Signs to read:
J. Signs. No permanent exterior signs of an)' kind will be allowed except for Rouse
numbers See Section 25.07,02-14: Old Meridian District of the Sign Ordinance,
Cl. Amend Section 20G.05.02: Multifamily Housing Zone; *E: Signage to rcad:
E. Signage Sil.!.ns. See Section 2.'5.07.02-14: Old Meridian District of the Sign Ordinance,
(+) Allowable sign type~; include Suspended signs, Pr~ecting Signs, Porch Signs, or
Wall Signs,
(~) Permanent signage nlust follow these sign area requirement~;:
(a) Suspended Signs: Twelve (12) sql:lare feet
(\3) Projecting Signs: T.,venty (20) sql:lare feet
20
(€) Porch Signs: Six (6) square f-eet
(s) Wall Signs: Sixteen (lfJ) square feet
(e) Ground Signs, or other freestanding signs are not permitted.
(~) Wall sign:; must fit within the horizontal and 'lertical elements of the building
and may not obscure details of the building. (Figl:rc 23)
(4) No sign shall extend above the cornice line of the building.
CJ. Amend Section 20G.05.03: Village Zone; *G: Signage to read:
G. Signage Si2.ns. See Sectioll 25.07.02-14: Old Meridiall District of the Sign Ordinance.
(+) Unless specified as exempt or prohibited signage, or otherwise noted below, the
Sign Ordinance regulations pertaining to Ole Town Carmel, SectiON 25.07.0-2 13
shall apply to the Village Zone.
(;!) Exempt Signs: f.1I signs designated as exempt in Section 25.07.0,1 03 of the
Sign Ordinanee, except as noted in Section 20G.05.07(E)(5).
(~) Prohibited Signs: The provisions in Sa'tien 25.07.0.' 04 shall apply. The
follo.....ing signs are also prohibited:
(a) Ground Signs, or other free standing signs.
(b) Signs which contain blinking, pulsing, or moving components.
(4) Wall signs must fit within the horizontal and 'lertical elements of the building
and may not obscure details of the building. (Figure 23)
(~) No sign may extend above the cornice line of the building.
(6) Signs may also be painted in white graphics in storefront or upper floor
wineows.
(1) Signs may also be imprinted on permanent awnings.
(8) Individual tenants should strive for a unique graphic image, rather than be
reqHired to conform to a single graphic style for the whole bHilding.
(9) Provieence at Old Meridian. The sign package adopted with Ordin8nee No. Z
338, Providence at Ole Meridian Plan Unit Development District shall be
allowed as approved.
ck. Amend Section 20G.05.04: Mixed Use Zone; *E: Signage to read:
E. Siglmge Si2.ns. See ~CtiOll 25.07.02-14: Old Meridiall District of the Sign Ordinance.
(+) The provisions of the Carmel/Clay Sign Ordinance, Ordinance No. Z 302, shall
apply, exceflt as noted below:
(a) Ground signs shall not be taller than four (4) feet, and ha'le a Sign Face
that does not exceed twenty [oHr (24) square feet.
(b) Wall signs shall Rot exceed thirty two (32) square feet.
(;!) 'Nail signs must fit within the horizontal and vertical elements of the building
and may not obscure details of the bl:lilding. (Fighlre 23)
(~) No sign may extend above the corniee line of the building.
21
d. Amend Section 20G.05.05: Office Zone; *D: Signage to read:
D. SiCl1age Sil!ns. See Section 25.07.02-14: Old Meridian Di~.trict of the Sign Ordinance.
(-I) The provisions of the Carmel/Clay Sign Ordinance. Ordin8nee No. Z 302. shall
apply, except as noted below:
(2) Grmmd signs shall not be taller than f{)Llr (4) feet, nor have a Sign Face that
exceeds twenty four (21) square feel.
(J) Wal+ signs shall not exceed thirty two (32) ~;quare feet.
em. Adopt Section 20G.05.06: Special Use Zone; *F: Signs to read:
F. Sil!ns. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
en. Amend Section 20G.05.07: Meijer Zone; *E: Signage to read:
E. Sienaee Sil!ns. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(+) Unless specified as exempt or prohibited signage, or otherv;ise noted below, the
Sign Ordinance repllations pertaining to Old Town Carmel, Scclie:i 25.7.02 /3
shall apply to the Meijer Zone.
(2) Exempt sigm;: All signs designated as exempt in Sectien 25.7.0/ 03 of the Sign
Ordinance, Ordin8Ree No. Z 302.
(J) Prohibited signs: The prm'isions in Scctien 25.07.01 01 shall apply. Signs which
contain blinking, pul:;ing, those with moving eomponeRts are also prohibited.
(4) Wall sign:; must tit within the horizontal and vertical elements of the building
and nat abscure detail:; of the building. (Figure 23) No sign shall be allO'o\ed to
extena above the cornice line of the bui Iding.
(~) Two (2) monument signs no larger than sixty (60) square f~et are allo'Ned for a
single user of the existing Meijer store, with one (I) sign located at the existing
:;treet CHt on Ola Meridian Street, in the Village Zone, and the other sign being
located in accordance with the plans approved by the Commission, Doel.et No.
22 91 ADLSIDP.
(6) Signage for the Convenience Store shall be permitted, consi:;tent with Section
20CJJ5.07(E)( /), and slibject to Plan CommissioR ADLS appro-/al.
...
co. Amend Section 20G.05.08: Mixed Medical Zone; *E: Signage to read:
E. Sienage Siens. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(+) The pro'/isians of the Carmel/Clay Sign Ordinance, Ordinance No. Z 302, shall
apply, except as noted below.
(a) For a builaing with multiple tenants or occupants and which is in
excess of 10,000 square feet of gross building area located OR a site by
itself, or for multiple builaings located on an integrated site with a
sharea entrance, a single freestanding mORument sign located at the
entrance of the site and within the front setback shall be permilled.
Each sign face (maximum of two (2) faces per sign) shall not exceed
sixty (60) square feet in total area. It mHst be laRdseaped at the base of
the sign.
22
(b) f. building not described in Suhsectisll (N) above, shall be identified by
the use of a grolind sign which shall not be taller than four ( 1) feet, and
have a sign face that does not exceed thirty t'".,o (32) square feet.
(e) Wall signs shall not exceed thirty t'NO (32) square feel.
(6) Directory signs are permitted in accordance '/lith the Sign Ordinance Z
JOO.
(2) Wall signs must fit 'llithin the horizontal and vertical elements of the building
and may not obscure details of the building, (Figure 23)
(,1) No sign may extend above the bottom of the womne or, in the case of flat roofs,
the cornice line of the Buildiflg.
cpo Amend the title of Section 20G.06: AIodUi"C([liolls to read:
10G.06: Modificatiow; Zoning \Vainf.
cq. Repeal Section 20G.07: Application Procedure in its entirety.
~ Aoplication Procedure.
2OG.07.0I To iflslire the compatibility of the proposed lise with adjoifling areas,
the Commission shall review and approve the architectural design, lighting,
landscapiflg, and signage of a1'l)' proposed use within the Old Meridian District
prior to issuance of an Improyement Location Permit.
200.07.02
Consultation with Director and f.pplication.
^J'lplicants shall meet with the Director to review the zoning classification of
their site, review the site requirements, and regulatory ordinances that affect the
site, revievi the procedures and examine the proposed use and de'ielopmem-ef
the property. The Director shall aid and advise the applicant in flreparing his
application and supporting documents as necessary.
20G.07.03
A.
B.
G.
9.
The applicant shall sHbmit t',','o (2) eOflies of each of the following:
The written application form
Site legal description
Site plan, drawn to scale, maximum sheet size 21" K 36"
.^.n existing features and site analysis plan, drawn to the same scale as
the Site Plan
..
E. An aerial photograJ'lh of the site, scale I" '" I 00', that shows the project
site and adjoining properties
F. BHilding plans aRd elevations, drawn to scale
G. Drainage and erosion control plan, drawn to scale
H. Landscape Plan, drawn to scale
1. Lighting Plan and details, era....'n to scale
J. Signage Plan and details, drawn to scale
K ADy-supporting documents and materials as determined by the
Director.
23
20G.0?01 Initial Review of the /\pplication and Supporting Documents---a-OO
Material:; by the Director.
A. Following the receipt of the written application, the ADLS package,
and neeessary supporting dowment:; and/or materials. the Director
shall reviev.. the materials for the :;ole purpose of determining whether
the application is complete and in technical compliance '.vith all
applicable ordinances, laws and regulations.
B. 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 deficieneies in said materials.
G. Unless and until the Director formally accepts the application as
complete and in legal complianee, it shall not be considered as formally
tiled for the purpose of proceeding to succeeding steps toward appro'..al
as hereinafter set forth.
9. If the materials submitted by the applicant are determined to be
complete and in compliance, the materials shall be forwarded to the
Commission.
E. Within thirty (30) days of the formal acceptance of the application by
the Director. he shall f{)rmally file the application by placing it upon the
agenda of the CO/Hmis:;ion according to the Commission':; Rules of
Procedure.
I<. The applicant shall file for each Commission member a copy of the
ADLS plan and supporting document:; and/or materials required.
20G.0? .05 Once approved by the Plan Commi:;sion, the architectural design,
lighting, landscaping and signage shall not be materially altered or substantially
altered without the prior approval of the Commis:;ion.
cr. Relocate Chapter 20G: Old Meridian District; Figure 23 to Section 25.07;
Diagram 4: Old Meridian Sign Placement.
CHAPTER 23A: STATE IDGHWAY 431-KEYSTONE A VENUE OVERLAY
ZONE
cs. Relocate Section 23A05: Plan Commission App'nJVal to Section 23AOO.02: Plan
Commission Approval. ....
ct. Adopt Section 23AOO.99: Application Procedure to read:
23A.OO.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design, Exterior Lighting, Landscaping Gnd
Signage (ADLS).
cu. Designate Section 23A.05: unassigned.
24
~ 1
CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE
cv. Adopt Section 23B.00.02: Plan Commission Approval to read:
23B.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP)
of any proposed use of any Lot or parcel of ground within the U.S. Highway 31
Corridor Overlay Zone prior to the issuance of an Improvement Location Permit
by the Department. See Section 24.02: Development Plan.
B. Architectural Design. Exterior Lighting, Landscaping and Signage. To insure
the compatibility of the proposed use with adjoining areas, the Commission shall
review the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) application of any proposed use of any Lot or parcel of ground within
the U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an
Improvement Location Permit by the Department. See Section 24.03:
Architectural Design, Exterior Lighting, Landscaping and Signage.
cwo Adopt Section 23B.00.99: Application Procedure to read:
23B.OO.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
ex. Amend See/ion 23B.02(A) to read:
23B.02 COllll1lission Review:
A. Devclullment Plan. The Commissioll l1Iust approve. appnn'e with conditions.
or disapprove the Devl'lopl1lent Plan I DP) fnr any tract of land in the U.S.
Highway 31 Overlay Zone.
I. The Commission shall hold a public hearing s-IntIl-be-lte-ltI-hy--tlte
Gt-HttHlts-sttJH before it decides whethl'r to appro"l' Ill' disapprove a DP.
However, no DP is requirl'd for additiolls to existing structures which:
a. /\re allached to the existing structurl':
b.
...
Continue the ardlitectural design of the eXlstlllg structure.
including exterior color and materials: doors and windows.
othl'r detailin:;:
l'. ".Ieet with requirements of the underlying primary loning
district:
d. Do not exceed twellty percent 120'.''i) of the original gross !loor
area of the nisting structure. applicable from the dale Ilf this
ordinallce. and.
e. H~l\e received a prior ADtS approval from thl' l!lan
C\111l1l1ission.
2. The Commission shall review a DI' applicati,)n tll determine if the DP
~atisfies the development requirements specified in Sl'dio//.\ 23B.U3
through 23RJJ8. The Cllllllllis~illn's rl'viell' shall include, but nllt be
limiteu tll, the follllll'ing items:
a. Existing site feature~. including lllpography and wooded areas:
25
b. Zoning on site:
c. Surrounding llllling and existing land w'c:
d. Strects. curbs :Ind gUlters. sidcwalks. and bicycle paths:
e. Access to public strcets:
f. Dri\'t:\\:l)" anell'urb cut h1cations in rebtion ttl "thlT sill'S:
g. (le'neral \ehicul.tr and pedestrian Hallic:
h. Vt'hick and bicycle par~ing facilities and internal site
cin:ulati'lI1:
1. Spel'ial and general easements f(1r public or private use:
J. On-site and off-site surface and subsurface ,tllrm water
drainage including drainage calculations:
k. On-site and oil-site utilities:
I. The means and impact of sanitaJ")' sewage dispos;d :uld water
supply technique,:
m. Dedication of streets anti rights.of-\\ay. or resel"\:ltipn uf land
to be sold III gIJ\t'rnmental <luthorities fur future Jc\'e\opment
uf streets and rights'llf-\\ ay:
n. Pmposed setbacks. site lanJscaping and slTeening. and
cllmpatibilit)" \\ith existing pla11eJ residential uses:
P. Pn ~el.t signage:
p. PflJtecti\'e restrictions and/ur Ct1\"enants:
q. Compatibility of proposed prpject with existing development
within the U.S. Highway 3\ Ci\ITidm: and.
r. Consistency \\ith the policit's fur the Overlay Z,me which are
sel forth in the Comprchcnsi\'c Plan. including the
Thomughfare Plan.
3. EiJl~lin!!~12.f::.Eal't. The Clllllrnissi(\n shall ma~e written findin!!s
concerning each decision tn appnl\ e or disapprove a D\'. The
President llf the Ctlll1lllissinl1 sh:dl be resptlllsible fnl" signing the
\\Tittt'n lindings of Ihe C(llllll1issioll.
cy. Repeal Section 23B.02(B1.
cz. Repeal Section 23B.02(C).
da. Repeal Section 23B.02( D).
db. Renumber Section 23B.02( F) to Section 23B.2( B ):Architectural Design, Exterior
Lighting, Landscaping and Signage.
26
.,
dc. Amcnd Section 23B.02( B j: Architectural Design, Exterior LiglJ/ing. L(//u!.\ul/Jing
alld Signage to read:
2313.02 COIll!!lission Revi('~:
B. A n'hitcdural Dcsicn, Extl'rim' Lichtinc. Landsl'apinc and SicnaCl'. Ex,'cpt
as provided in Po/'ug/'llll!z (:\ I( I) ab('ve. fIll' all pr<~i,'C1s in tlw liS Highvv'ay :; I
Overlay Zone. the C"lllmission shall IT\ iew and apprll\e the Architectural
Design. f:\\erillr Lighting. Lands,'aping and Signage (AIJLS). access III the
property. site layout. parking and site circulatilHl. pursuant to S/'uitl/l.\ 23/l.()9
through 238.15.
I. ADLS appnwal shall be necessary prior to:
a. The establishment of any use of land:
b. The issuance of any Improvement Lllcation Permit:
c. The erection. recllllstTuction (lr struL'lural alteration of any
building!s) in the U.S. Highway 31 Uverlay Zone: or
d. Any changes in ,Ill)' site impn1venll'nts.
2. An amendment 10 an ADLS may be rev'it'\\\:d and appnl\ed by a
cllmmittee of the Cl,mlllission ac,'orJing to lhl' Rules of Procedure.
However. any interested parly may appeal the Jcci...ion of the
committee direclly tothe Clllllmission.
df. Repeal Section 23B.02(E).
dg. Renumber Section 23B.02(G) to Section 23B.02(C): Zoning Waiver.
t!h. Ament! Section 23B.02( F) to reat!:
23B.02 Commission Review:
F. Architccturallh'sicn, Landsl'apinc, Exterior Lichtin~. and SicnaCl~. Except
as provided in IJomgmph n abO\c, for all projects in th~ U.S. Highway 31
Ov'erlay Zone. lh~ Commission shall review and approve or apprm e \\ ith
conditions the Architectural D~'sign. Landscaping. Exlerior Lighting. und
Signagc (ADLS), access to the pmpel1y. sit~ layollt, parh.ing and site L'ircubtion,
pursuant tll SecTions 2311.119 through 23 fl.15, and such approvals shall he
necessary prior to:
( I ) Th; estahlishment llf allY use of land:
(2) The issuance of any Impn)\'emcnt Location Permit:
(3) The erection. renmstruction lII' structural alteratioll (If any building!s)
in Ihe U.S, Highway.' I O\erlay Lone: or
(4) Any changes in any site improvements.
di. Amend Section 23B.08.03: Building Height to read:
23B.08.03 Building Height: As specitied in the underlying primary zoning district(s).
except as follows:
A. Minimum Building Heights:
I. All uses along U.S. 31 and 1-465: Thirty-eight (3R) feet and three (3)
occupiable floors.
27
2, All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian
Corners Boulevard, and Illinois Street Corridors, or adjoining
arterial/park way: Twenty-six (26) feet and twn (2) nccupiable flnors.
dj. Amend Section 238.08.05: Minimum Gross Floor Area to read:
23B,OX,O."i
A.
Minimum Gross Floor Ars1!.
All builuings shall have a minimuIII of fifteen thousanu (1."i,OOO) square feet of
gross lloor area. excluding the lloor area of any basement or any accessory
builuing(s). Accessory Buildings permitted need not meet this minimum lloor
area requirement. The intent of this minimum gross lloor area requirement is to
preclude small. freestanding buildings anu uses not in character with the
Corridor.
B.
Distribution of Gross Floor Area.
1. All uses alnng U.S. 3] and ].465:
a. Maximum First floor G FA: Fnrt)' perct~nt (40%):
b. Maximum Second floor GFA: Thirty-fh'e percent (35%).
2, All uses 'along Penns)'I\'ania Street, Penns)'I\'ania ParkW8)',
Meridian Corners Houle,'ard, and lIIinois Street Corridors, or
adjoining arteriaUparkway:
a. Maximum First floor GFA: Sixty percent (60%):
dk. Repeal Section 23B./7.0 i: Consultation with the Director and Application.
~l-+-:4+ Consultation with Director and /\pplication:
i\pplicants shall meet with the Director to review the zoning classification of their site,
revie'N the regulatory ordinance:; aNd materials, review the procedures and examine the
proposed use and development of the property. The Director shall aid and advise the
applicant in preparing his application and supporting documents a:; necessary. The
applicant shall sHbmit:
two (2) copies of the '.'.Titten application form;
two (2) copies of the DP aNd/or the required information ON architectural design,
landscapiNg, parking, signage, lighting and acces:; (.^.DLS),
as 'Nell a:; all necessary supporting documeNts and materials.
FiliNg fees shall not"'be required for applications for additions to residential housing
required to be re'liewed under this Secthm 23B.
dl. Repeal Section 23B. i 7.02: initial Review; Submission to the Commission.
~I+OO Initial Review; Submission to the Commi:;:;ion:
Following the receipt of the written application, DP andJor the required iNf-ormation on
architectural design, landscaping, parking, signage, lighting and access (/\DLS), and
necessary supporting document:; ana/or materials by the Director, he shall then re'lie.....
the materials solely fDr the purpose of determining whether the application is complete, in
technical compliance with all applicable ordinances, laws and regulations and is to be
forwarded to the Commission. If the materials submitted by the applicant are not
complete, or do not comply with the necessary legal requirement:;, 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
con~;idered as formally filed for the purpose of proceeding to sl:Icceeding step:; to'ovard
28
1
appro'/al as hereinafter set forth. \NithiR t"\'eRty (20) days of the formal acceptaRce of the
application by the Director. he shall formally file the applicatioR by placing it UPOR the
ageRda of the Commis~;ioR, according to the Commission's Rules of Procedure. The
applicant shall file for each Commission member a copy of the DP and/or ADLS plans
and supportiRg documents and/or materials pursuaRt to the Commtsste~s Rules of
Procedure, Article F!!, Scctien 1.
dm. Repeal Section 23B.17.03: Approval or Denial of the Application by the
Commission.
23B. I 7.03
A.
f.pflroval or Denial of the Application by the Commission:
f.n approved DP or :\DLS petition shall be valid for two (2) years from the date
of approval. If a full and complete application for aR ImprovemeRt Location
Permit (lLP) has Rot been submittee at the eRe of the two (2) year period, the
DP aRd/or ^DLS request must be re submitted to the CommissioR f-or a time
extensioR.
B.
If the DP ane/or f.DLS plan is materially changed iR aRY way, resubmissioR to
the CommissioR per SectiON 23/H)'2 is required.
If aR l\DLS petitioR is denied by the CommissioR, the Commission shall provide
the applicant with a writteR copy of said reaSORS, if requested.
G.
dn. Renumber Section 23B. J 7.04: Reservation of Land for Pending State Highway
Improvements to Section 23B.17: Reservation of Landfor Pending State Highway
Improvements.
CHAPTER 23C: U.S. HIGHWAY 421-MICHIGAN ROAD OVERAL Y ZONE
do. Adopt Section 23C.OO.02: Plan Commission Approval to read:
23C.OO.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP)
of any proposed use of any Lot or parcel of ground within the U.S. Highway 42 I
Overlay Zone prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.02: Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure
the compatibility of the proposed use with adjoining areas, the Commission shall
review the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) application of any proposed use of any Lot or parcel of ground within
the U.S. Highway 42\ Overlay Zone prior to the issuance of an Improvement
Location Permit by the Department. See Section 24.03: Architectural Design,
Exterior Lighting, Landscaping and Signage.
dp. Adopt Section 23C.OO.99: Application Procedure to read:
23C.OO.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
S. Architectural Design, Exterior Lighting. Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design. Exterior Lighting, Landscaping and
Signage (ADLS).
29
--"
dq. Amend ,)'eclio/l 23C.U2: ('lIlIlIlIissio/l ,4ppro\'l1l to read:
2:>C.02 Commission Aj1PlO\,!!.
A. l)eve!.~,Wlm: nU)lan. The Commission must ,lppl()\e. applove " it h cond it ions. 01
disappn','e the Development PI;1I1 IDP) fOl any tr,let nf land in the (helby
Zone. Tht' Commission shall hold a puhlic hen'ing ;,hilll--P~-ttt'-kj-r>y-the
(-:-Hffimi~t\7fl bdllre it decides \\ hetlwI 10 applove 1'1 disappn\\'e a UP. Thc
Commission. in leviewi nl,' DP appl icatillns. Sh;lll c\;llnine faL'lors cl)nl'erni ng the
~ite. Site Plan and the ,ulrounding area. which incllllk but are nl)\ limited to Ihe
li)lllI\\ inl,' items:
~.
4
).
6.
I.
T()r()~raphy:
Zoning on site:
SlIrwlInding zoning and existing land use:
Streets. l'urhs and gutters. hicycle path,. and ,idew,dks:
Access to public streets:
Driveway and curb cut Incatinns in relatilln IOllthel siles:
7.
General \ehicular and pedestrian traffil':
~.
Parking facilities and internal sitt' cirndatilln:
9.
Special and general easemcnts for public PI' priva1e lIse:
10.
On-site and off-site surface and suhsurface slnnn and \\ atlT drainage.
including drainage calrulatilll1s:
II.
On-site and off-site utilities:
12.
The means and impact or sanitary sewagt' disp,)sal and watel supply
techniques:
13.
14.
Dedication lIf streets and rights-lIf-way:
Pruvision I'm adequate am] acceptable se1bacb. screening. and
compatibility with existing. plaited residential uses:
IS,
Storage area:
I ().
Pro1ccti\'c restrict inns and!or co\'enanls:
17.
Effects allY proposed project may han' on the entire 0\ erlay Zone:
and.
IX.
...
Cnnsistency with the pnlic'ies for the Overlay Zone \\ hieh are set rorth
in the Cnlllprehensive Plan.
If a Parent Tract is located both inside and outside of the U.S. Highway 421
_ Michigan Road Corridor Overlay Zone, Development Plan and ADLS
approvals are required for the entire Parent Tract.
dr. Repeal Section 23C.15: Application Procedure.
~ I\pplication Procedure.
23C.15.0I Consultation with Director and :\pplication. Applicants shall meet
with the Director to re'liew the zoning classification of their site, review lfle
regl:llatory ordinances and materials, review the procedl:lres and examine the
proposed use and de'lelopment of the property. The Director shall aid and
30
,
. documems-as
. . licatioA and supportmg
advise the applicant iA prepanng hIS app
nece~;sary.
The applicant ~;hall submit: .. m
. f the written apphcalJon for ,
t..,s (2) cornes 0 . PI
.. S't AnalYSIS an,
. f the Existing Features & Ie,.
two (2) copIes 0
. 'h DP and/or
two (2) copies of t e , . architectural design,
'red informallon on II .
t.....o (2) copies of the. reql:lI (" htin and access (ADLS), as we as
land:;caping, parking, slgnage, 19 g ,
ortin dOCLllnents and matenals.
5 all necessary supp g . Documents aAd
. A ("cation and Supportmg .
. . I Re"ie'" of the ,.pp I .. Follo'''ing the receIpt
13 Q;! IRltla ,.. . h CommisSIon. .. .
>JC. . Mol.,iol, bv lb. o;'eetnt; s.;::~~:~~. .....i..d i.';'"...,.. no :I<~"",,,,:::::
of the writteA applicatIon, ~ .', lightiAg aAd access (,.D ~,
desigA, landscaping, parkmg, slg~~~re'materials by the Direc~or, the ~Irectt~;
. 0 ~€UmeAts an , . g "'het er
necessary supportmg l. f the sole pl:lrpose of detenll~nIR, ", licable
h II re"ie'" the matenals sr h' I compliance wllh all app
sa, " 0 in tec Rica
application is complete a~
1 ..,. AO FegulatlOns. 0 t
ordinances, a..s a (" t are not complete or 0 no
If the materials submitted by the ap~ lca:nts the Director shall inform
. h h Aecessary legal reqmrem .'
comply :....11 t ~ d fi ieRcies in said matenals.
the applicant of the e c t the application as
. formally accep s II '
Unless and until the Dlre~tor . h II not be considered as f-orma )
complete and in legal comPlla~~:, I:OS s:cceeding steps toward approval
fi led for the purpose of procee g
as hereinafter set f-orth. " determined to be
. 0 b' the applicant are -the
If the materials subml.ne \1 materials shall be forwarded to
I te and in compliance. t e
comp e
Commission. f I acceptance of the
a ' of the srma h
UTithin thirty (30) a)s h 'hall formally file t e
.. g' Isr e s . .
application by th~ . Irec , the agenda of the CommISSIOn
application by plaCIng ~t ~po~ Rules of Procedure.
. Ih bommlsslon s
accordlAg to e .. member a copy
fI fer each CommISSIOn I
The applicant shall I e Sile A nalysis Plan, the DP and, or
of the Existing Feature~ & d cu~~nts and/or materials.
:\DLS plan and sl:Ipportlng 0 . .
. . b' Ihe bommlsslon.
.. . t: the A ~pllcatlOn )
f.pproval or DenIal 0 . . . . " (" d for two
I A 9bS petitIon shall be . a I
An approved DP petition ~nd,:\::1. If construction of ~he building(s)
(2) years from the date of aP:nd of the two (2) year peno?, ~he DP
has (have) not started at the . b 'lIed to the CommiSSIOn.
A bS ue"t must be re 51:1 mt
and/or, .D refl " . II ' altered, re submittal
I A bS Ian is (are) substanlla). .
If the DP and,or ,.D p . 23C 02 for apprm'alls reqmred.
to the Commission per SecflfJr! . . . n shall
. . b' the Commission, the Commlsslo .
If the petition IS deAled. ) . f . d reasons, if requested.
provide the applicant wllh a COP) 0 sm
23C.15.03
+.
1.
2.
3.
4.
.1-.
~.
a.
b.
~.
~.
31
CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE
ds. Adopt Section 23D.03(A)( 1 )(i): Perlllitted Uses to read as follows:
23D.03 Guidelines.
A. Historic R,lnl!e Line Road Sub-Area.
I. Rplovations and Additions to All Exi~j.nl! Buildings.
i. Permitted Uses. In uddition to those uses allowed in the
underlying zoning district, retuiI uses shull be allowed in
the Historic Runge Line Roud Sub-Area.
tit. Amend .Secliol/ 23D.U3(A)( I )(a)(ivl to read as follows:
f\. Historic ~ane'e Line Ruad Sub-Area.
I. R<:!l~~Y~lti'JIls and Additiuns to AllJi"ist~ Bui Idine's.
a. Lot Di.mensions and Coverage.
1\. No )()t Illay he created hy Suhdivisilln or hy joining
\\hich re;:ults in a width "f greater than ninety (l)(l)
feet.
duo 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.
dv. Renumber Section 23D.03(A)(3)(c): Materials to 23D.03(A)(3)(d): Materials.
dw. Renumber Section 23D.03(A)(3)(d): Windows, Doors to 23D.03(A)(3)(e):
Windows, Doors.
d,,:. Renumber Section 23D.OJ(A)(3)(e): Roof to 23D.03(A)(3)(j): Ro(~f.
dy. Renumber Section 23D.03(A)(3)(f): Porches to 23D.03(A)(3)(g): Porches.
dz. Renumber Section 23D.03(A)(3)(g): Building Height to 23D.03(A)(3)(h):
Building Height.
32
ea. 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.
iii. No lot may be created by Subdivision or by
joining which results in a width of greater than
ninety (90) feet.
eb. Adopt Section 23D.03(A)(3)(i): Garages to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
i. Garal!.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.
33
ee. 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 pa,'ed 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 in the Front Yard ofthe 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.
ed. Adopt Section 23D.03(A)(3)(k): Signs to read:
23D.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
k. Sil?ns. Signage, where allowed, shall abide by Section
25.07.02-13: Old Town Carmel.
ee. Adopt Section 23D.03(A)(3)(l): Parking and Driveways to read:
23D.03 Guidelines.
A. Historic RanJe Line Road Sub-Area.
3. New Construction.
I. Parkinl? and Drinwavs.
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
34
;..
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.
ef. Adopt Section 23D.03(A)(3)(m): Permitted Uses to read:
23D.03 Guidt;lines.
A. Historil: Range Line Road Suo-Area.
3. New Construl:tion.
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.
eg. Amend SeclioIl23D.03(C)( Ji(l/HiF) to read:
A. ~~haractcr SJ!b_:Ar~i!.
I. Rcnuvaliolls und AdditiollsJQ All Exiqinl! Buildinl!s.
a. Lol Dimensions und Cuveral!e.
IV. N(l111tl1luy be created by Subdi\isi(lf] llf hy joining
which results in a width of grt'ater than ninety (l)())
feet.
eh. Amend Section 23D.03(C)(3)(b): Setbacks to read:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
b. Setbacks.
..
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 20).
ii. Additions, except for open-air 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).
I.
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 fh'e (5) feet from the property line.
35
el. Renumber Section 23D.03(C)(3)(c): Materials to 23D.03(C)(3)(g): Materials.
eJ. Renumber Section 23D.03(C)(3)(d): Windows, Doors to 23D.03(C)(3)(h):
Windows, Doors.
ek. Renumber Section 23D.03(C)(3)(e): Ro(~rto 23D.03(C)(3)(i): Roof
el. Renumber Section 23D.03(C)(3)(f): Porches to 23D.03(C)(3)U): Porches.
em. Renumber Section 23D.03(C)(3)(g): Building Height to 23D.03(C)(3)(k):
Building Height.
en. Adopt Section 23D.03(C)(3)(c): Lot Dimensions and Coverage to read as follows:
230.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
c. Lot Dimensions and CoveraJ!.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 CoveraJ!.e.
(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 results in a width of greater than
ninety (90) feet.
...
eo. Adopt Section 23D.03(C)(3)(d): Garages to read as follows:
230.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
d. Garages.
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
36
.,
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.
iii. Covered walkways attaching the garage to the
Principal Building are allowed.
ep. 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 Liehtine.
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.
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.
...
eg. Adopt Section 23D.03(C)(3)(f):Parking and Driveways to read as follows:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
f. Parkine and Drivewavs.
i. Parking is not allowed in the Front Yard of any
property, except on a driveway leading to the
garage.
37
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 pro,'ided under the
Zoning Ordinance may be reduced by up to fift~'
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.
er. Adopt SecTion 23D.04(A)(2) to read as follows:
23D.tl4 Submittal Process/Application Procedu.r~
A. Consultation with Director and Ap-plicatioT1.
2. Site Plan & Design Review (SDR) approval is not required where
Architectu'ral Design, Exterior Lighting, Landscaping and Signage
(ADLS) approval is required.
CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE
es. Adopt Section 23E.OO.02: Plan Commission Approval to read:
23E.OO.02 Plan Commission Approval.
A. Development Plan. Refer to Sub-district regulations for Development Plan
requirement.
B.
Architectural Design, Exterior Lightinl!, Landscaping and Sil!nage.
Sub-district regulations for Architectural Design, Exterior
Landscaping and Signage requirement.
Refer to
Lighting,
et. Adopt SecTion 23E.OO.99: Application Procedure to read:
23E.OO.99 Application Procedure.
A. Developme~ Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(8): Architectural Design, Exterior Lighting. Landscaping and
Signage (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.
eu. Amend S('ction 231::.02([3): Archit('ctuml Design. Lwu/sCl/pillg. Ertcrior Lighting
(Inti .'>'igJ/{/ge to read:
23E.02 COll1lllissilln i\I2l2J"O\a!.
B. ArchiteClural ))csi"n.blluscapin". E~JeJ:i~2I l.i!!htiug.anu Si!!L~. I~epl-Hs
rHwj.J<="J-iH.St't4Hm-2-JI;{I..2+I~:I~IBf For all pr(ljects in the 1-1011112 Place Business
District and West Home PI;lce Commercial C(lITidllr. the COl1lmissilln shall
review and appn1ve or approve with cllnditi(lns the Architectural Design.
38
I..ambcaping, Exterior Lighting and Signage (ADLSL ,KTCSS tll (he prllperty, site
la)ou(, parking and site ein:ulalion. pursuanl hI See/ioll 23FIJ8 and Sectiol/
23F09. and such appro\'als shall be nCCl'ssary prillr tll:
L
The establishment of any ust' of land:
~
,'.
The issuance (If any Imprmementl.I)l'atiI1n Permit:
The erecti(ln. recunstruction or Structural Alterationtlf an\' l'll1llmcrcial
building(s) in the Home Place Business District Ill' WI'S! H(lllle Place
Commercial Corridor: or
4.
Any changes in site imprm'ements.
C\'. Amcnd Sec/iof/ 23E..08(J): Zoning \Vail'('/' to read:
DE.OR Home Plal'l~ Busines~Distli~.
.I. ZlInin~ \Vai\l'r. The applicanllllay l"t'ttHes-t apply for a Zuning \Vail er IB of thc
dimensional and qllantitali\'e standards of Ihis Sectioll 23L()8. 11) nll( greater
(han thiny-Ihe percent (35% I, consistent with requirt'llll'nlS set I('nh in Section
231:'.02(C).
CW. Amend Section 23EJJ9( H): Zoning Waiver to read:
23E.()lj West Home Place CUll1ll1ercial CtllTidor.
II. ?llning Wai\'er. The applicant may f-et-tH~ appl)' for;1 Zoning Wailer h" of the
dimensi(lnal ;lI1d qllantitati\,e standards of this Sectiol/ 23E.ttq. by not greater
than thirty-fil'e percent (35%), consistent II ith requirements set forth in Sectioll
23E.02(CJ.
ex. Repeal Section 23E. J J: Application Procedure.
~ Application Proceal:lre.
A. Consliltation with Director ana ApplicatioR,
Applicants shall meet with the Director 10 review the zoRiRg c1assificatioR of
their site. revie'l. the reglilatory oraiRaRees aRd materials, review the procedlires .
aRd ellamiRe the fJrofJosed use aRd development of the property. The Direetor
shall aid aRd advise the applicaRt iR prepariRg his applicatioR aRd supporting
doclimeRIs as Recessary. The applicaRt shall slibmit:
+. Tv..s (2) copies of the writteR application form;
~. Two (2) copies of the DevelopmeRt PlaR (DP) aRd/or the reqliired
ffifeFmatioR OR Architectliral DesigR, Elllerior LightiRg. LaRdscapiRg,
SigRage, Parking aRd Access (.^.DLS);
J. as well as all Recessary slipportiRg aOCUmeRts aRd materials.
39
B. Initial Review; Submi:;:;ion to the Commi:;;;ion.
Following receipt of the written application, DP and/or the required information
on :\rchitectural De:;ign. Exterior Lighting, Land:;caping, Signage, Parking and
:\ccess (:\DLS). and neces~ary supporting documeflts and/or materials by the
Director, he shall then review the material:; solely for the purpo:;e of determining
'.",hether the application is complete, in technical compliance ',vith all applicable
ordinances. laws and re;;ulations and i:; to be f{)rwarded to tJ:le Commis:;ion.
+, If the material:; submitted by the applicant are not complete. or do not
comply with tJ:le necessary legal requirements. the Director shall inf{)rm
tJ:le applicant of the deficiencies in :;aid materials.
Unless and until the Director formally accepts the application as
complete and in legal compliance, it :;hall not be considered as formally
filed f{)f the purpose:; of proceeding to succeeding steps toward
approyal as hereinafter set forth.
l. If tJ:le materials submitted by the applicant are determined to be
complete llnd in compliance. the materials shall be f{)n",arded to the
Commi:;:;ion.
a. \l/ithin tweAty (20) days of formal acceptance of tJ:le
application by the Director, he :;hall formally file the
application by placing it upon the agenda of the Commission,
according to the Commission':; Rule:; of Procedure.
b. The applicant :JlUlI file for each Commis:;ion member a copy
of the DP and/or i\DLS plans and supporting documents
and/or materials pursllant to the Commission' s Rilles of
Procedure. ,1rtide WI, Secfien 4.
G. l\pproval or Denial of the :\PDlication b',' the Commission.
+. :\n approved DP or ^DLS petition shall be valid f{)f two (2) years from
the date of appro'ial. If a full and complete application for an
lmprovement Location Permit (lLP) has not been sllbmitted at the end
of the t.....o (2) year period, the DP and/or ADLS must be resubmitted
to the Commission f.or a time extension.
l. ]f the DP and/or ^DLS plan is materially changed in any way,
resuamission to the Commi:;:;ioA per Section 23E.02 is required.
CHAPTER 24: PLANNED DEVELOPMENT REGULATIONS
NOTE: EVEN THOUGH CODED IN RED, CHAPTER 24 DOES NOT CHANGE THE WAY DOCS
OPERATES. IT JUST PUTS DOCS POLICIES IN WRITING FOR DP AND ADLS.
ey. Repeal Chapter 24: Planned District Regulations in its entirety.
ez. Adopt the Chapter 24: Development Phm and Architectural Design. Exterior
Lighting, Landscaping & Signage Regulations to read:
24.00 Development Plan and Architectural Design. Exterior Lighting. Landscaping & Signage
Regulations.
24.01 Purpose & Intent.
Development Plan (DP) and/or Architectural Design, Exterior Lighting. Landscaping &
Signage (ADLS) approval by the Commission shall be necessary prior to the
establishment of any Use or Building. so cited by the district regulations herein, or the
40
issuance of an Improvement Location Permit for said Use or Building. Development
Plan and/or Architectural Design, Exterior Lighting, Landscaping & Signage applications
shall genernlly be considered favorably by the Commission.
24.02 Development Plan.
A. Development Requirements.
The Commission shall review a Deve]opment Plan application to determine if
the Development Plan satisfies the development requirements specified herein
and in the applicable zoning district. The Commission's review shall include
but not be limited to the following items:
I. Compatibility of the development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the
Comprehensive Plan;
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development
within the district.
2. A vai]ability and coordination of:
a. The means and impact of water supply techniques;
b. The means and impact of sanitary sewers;
c. On-site and olT-site surface and subsurface storm water
drainage including drainage calcu]ations; and
d. Other on-site and off-site utilities.
3. Management of traffic in a manner that creates conditions favorable to
health, safety, convenience, and the harmonious development of the
community such that:
a. The design and location of proposed street and highway access
points minimize safety hazards and congestion;
b. The capacity of adjacent streets and highways is sufficient to
safely and efficiently accept traffic that will be generated by
the new development; and
c. The entrances, streets, and internal traffic circulation facilities
... in the Development Plan are compatible with existing and
planned streets and adjacent developments.
4. Building setback lines.
5. Bui]ding coverage.
6. Bui]ding separation.
7 . Vehicle circulation.
a. Consistency with the policies for the district as set forth in the
Thoroughfare Plan;
b. Dedication of streets and rights-of-way, and/or reservation of
land to be sold to governmental authorities for future
development of streets and rights-of-way. In developments
that adjoin or include existing streets that do not conform to
the minimum right-of-way dimensions as established by the
41
Thoroughfare Plan, the developer shall dedil:ate additional
width along either one or both sides or sUl:h streets of
inadequate width so as to bring them up 'to standards, provided
the area to be used for widening is owned by the subdivider or
under his control;
c. Location and character of streets;
d. Access to public streets;
e. Driveway and curb cut locations in relation to other sites;
f. Location and character of curbs and gutters;
g. General vehicular traffic;
h. Location and character of vehicle parking facilities;
I. Vehicular internal site circulation;
R. Pedestrian and bicycle circulation.
u. Consistency with the policies for the district as set forth in the
Thoroughfare Plan;
b. Ll')cation and character of sidewalks, pedestrian trails, and
bicycle paths;
c. Access to public sidewalks and multi-use paths:
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage
facilities;
f. Pedestrian and bicycle internal site circulation.
9. Site landscaping and screening.
10. Height, scale, materials, and style of improvements.
II. Project signage.
12. Recreation space.
13. Exterior lighting.
14. Other requirements considered appropriate by the legislative body:
a. Existing site features, including topography and wooded areas;
...
b. Zoning on site;
c. Special and general easements for public or private use;
d. Protective restrictions and/or covenants.
B. Plan Documentation & Supporting lnformation.
I. The location and character of the following:
a. Existing and proposed principal structures and accessory
structures.
I. Exterior Elevations, Renderings, Etc. Exterior
elevations, renderings depiding the exterior materials
to be used, and a list of exterior materials relating to
all buildings and other structures proposed in the area
subject to Development Plan approval, together with
42
Architectural Design. Exterior Lighting, Landscaping
and Signage Plans, shall be submitted to the
Commission in order 10 better define the intent of the
proposed development. The architectural design
should reflect a unitied design which is in character
and proper relationship with the surrounding area.
Unless required by the Commission, this Section
shall not apply to detached, single-family residences.
II. Site Plan.
(a) Location of special and general easements
for public or private use;
(b) Building setback lines:
(c) Building coverage;
(d) Building separation.
b. Utilities.
c. Signage.
I. Sign Plan. All exterior signage proposed to be
located in the development, subject to approval and
obtaining of a Sign Permit prior to erection under the
requirements of the Sign Ordinance, shall he shown
and conformance or nonconformance with said
Ordinance shall be so noted.
d. Landscaping.
i. Landscape Plan. A detailed plan of the existing and
proposed landscaping showing location, kind and
caliper measurement size of trees, shrubbery and
screening materials, as appropriate and required by
the Plan Commission.
2. The nature and intensity of uses in the development.
3. The condition and size of public thoroughfares and parking. vehicle,
and pedestrian faci Iities.
a. Traffic Study. A traffic study to include a comparative
analysis of present volumes on streets bordering the
.. development or with a direct bearing on the development
versus potential capacity volumes of those streets.
Consideration should be made of the effect of the proposed
development and the traffic it would engender, particularly at
peak periods. A Circulation Plan should be included for all
existing and proposed streets, both public and private, which
will show recommendations for controlling. signalizing,
channelizing. parking, storing and warning both pedestrian
and vehicular traffic.
4. The location and capacity of drainage facilities and sewer systems
serving the development.
a. Drainage Plan. Detailed drawings and Construction Plans for
all elements of the storm water drainage system. including
curbs and gutters, storm sewers, open drainage waterways,
drain tiles, culverts, retention reservoirs and other necessary
43
appurtenances, shall be included. Among the necessary items
of information are locations, grades, sizes, capacity and typical
cross-sections of the Drainage Plan clernents. A report shall
be included concerning:
I. Legal drains located in the development or relating to
the development,
11. The llooding potential of the development,
Ill. The design of the storm water system to deal with
such flooding potential, and
iv. The expected impact of the development's storm
water runoff on any receiving I'tream or downstream
property.
Where flood plains as indicated by FP, FF or FW Districts
herein. arc involved. a stateme'nt from the Indiana Natural
Resources Commission to the extent it has jurisdiction shall he
required with respect to location of lloodways and llood
plains.
5. Other inforination considered appropriate by the legislative body.
a. Metes & Bounds Description. An accurate metes and bounds
description of the boundary of the tract that is subject to Final
Development Plan approval.
b. Covenants. Conditions & Restrictions. A list of the covenants.
conditions, and restrictions, if any, which will run with the
land and affect the use of the property within the area subject
to Final Development Plan approval. The approved covenants
shall be recorded with the Recorder of Hamilton County.
Indiana.
c. Erosion Control & Sedimentation Plan. A statement and plan
setting forth the method of controlling erosion and
sedimentation before, during and following development and
constrm:tion, e.g., temporary seeding, sediment detention
basins, erosion prevention devices and other similar means.
that meet the Hamilton County Soil & Water Conservation
District guidelines for urban development.
Lighting Plan. Specifics are required concerning the
easements. locations, size, height, type. intensity and
illuminance of proposed street and outdoor lighting.
d.
...
e. Service Reports. Service reports or statements. as necessary,
may include but not be limited to the following sources:
I. City, County or State highway departments:
ii. Indiana Natural Resources Commission;
Ill. Board of Public Works & Safety;
iv. member organizations of the Technical Advisory
Committee.
f. Other Construction Plans. Other specific Construction Plans
shall be submitted as necessary detailing information on, but
not limited to, streets. lighting, sanitary sewer system, storm
water drainage system, curbs and gutters, sidewalks and the
44
related appurtenances. The required information shall include
locations. gnldes, sizes. capacities. Iypical cross-sections and
so forth. These plans shall be drawn by a Registered Land
Surveyor or a Professional Engineer Ikensed to do business in
the State of Indiana in accordance with State Statutes.
g. Construction Timetable. A construction timetable or schedule
shall include the approximate timing of completion and/or
occupancy of the improvements proposed in the area subject
to Development Plan approval.
h. Deeds of Dedication. Certification of dedication of streets.
rights-of-way and other public property 10 the proper
authorities. except so much thereof as are intended to remain
private.
\. Certificate of Commission ApRroval. Certificate of Approval
by the Commission shall be on each and every sheet of the
Development Plan.
24.03 Architectural Design, Exterior Lighting, Landscaping and Signage.
A. Development Requtrements.
The Commission shall review an Architectural Design, Exterior Lighting.
Landscaping and Signage application to determine if the Architectural Design,
Exterior Lighting, Landscaping and/or Signage satisfy the development
requirements specified herein and in the applicable zoning district. The
Commission's review shall include but not be limited to the following items:
I. Compatibility of the development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the
Comprehensive Plan:
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development
within the district.
2. Pedestrian and bicycle circulation.
Consistency with the policies for the district as set forth in the
Thoroughfare Plan;
Location and character of sidewalks, pedestrian trails, and
bicycle paths;
Access to public sidewalks and multi-use paths;
General pedestrian and bicycle traffic;
Location and character of bicycle parking and storage
facilities;
Pedestrian and bicycle internal site circulation.
3. Site landscaping and screening.
4. Height, scale, materials, and style of improvements.
5. Project signage.
6. Exterior lighting.
a.
...
b.
c.
d.
e.
f.
45
7. Other requirements considered appropriate by the legislative body:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Special and general easements for public or private us(~;
d. Protective restrictions andlor covenants.
B. Plan Documentation & Supporting Information.
\. The location and character of the followi ng:
a. Existing and proposed principal structures and accessory
structures.
J. Exterior Elevationli.- Ren.<krings, Etc. Exterior
elevations. renderings depicting the exterior materials
to be used, and a list of exterior materials relating to
all buildings and other structures proposed in the urea
subject to Architectural Design. Exterior Lighting,
Landscaping and Signage approval, together with
Plans. shall be submitted to the Commission in order
to better define the intent of the proposed
development. The architectural design should rellect
a unified design which is in character and proper
relationship with the surrounding area. Unless
required by the Commission, this Section shall not
apply to detached. single-family residences.
II. Site Plan.
(a) Location of special and general easements
for public or private use;
(b) Building setback lines;
(c) Building coverage;
(d) Building separation.
b. Utilities.
c. Signage.
I.
Sign Plan. All exterior signage proposed to be
located in the development, subject to approval and
obtaining of a Sign Permit prior to erection under the
requirements of the Sign Ordinance, shall be shown
and conformance or nonconformance with said
Ordinance shall be so noted.
..
d. Landscaping.
I. Landscape Plan. A detailed plan of the existing and
proposed landscaping showing location, kind und
caliper measurement size of trees. shrubbery and
screening materials, as appropriate and required by
the Plan Commission.
e. Exterior Lighting.
46
1
I. Lighting Plan. Specifics are required concerning the
easements. locations. size, height, type, intensity and
illuminance of proposed street and outdoor lighting.
2. The nature and intensity of uses in the development.
3. Other information considered appropriate by the legislative body.
a. Covenants, Conditions & Restrictions. A list of the covenants,
conditions, and restrictions, if any. which will run with the
land and affect the use of the property within the area subject
to Architectural Design, Exterior Lighting, Landscaping and
Signage approval. The approved covenants shall be recorded
with the Recorder of Hamilton County, Indiana.
b. Other Construction Plans. Other specific Construction Plans
shall be submitted as necessary detailing information on. but
not limited to. streets, lighting. sanitary sewer system, storm
water drainage system, curbs and gutters. sidewalks and the
related appurtenances. The required information shall include
locations, grades, sizes, capacities, typical cross-sections and
so forth. These plans shall be drawn by a Registered Land
Surveyor or a Professional Engineer licensed to do business in
the State of Indiana in accordance with State Statutes.
24.99 Procedures for Submission and Review.
A. Development Plan.
I. Pre-Application Consultation with the Director.
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 shall aid and advise the
applicant in preparing his application and supporting documents as
necessary.
2. Application.
a. Director. The applicant shall submit to the Director:
Two (2) copies of the written application form;
Two (2) copies of the Existing Features & Site
Analysis Plan;
Two (2) copies of the Development Plan;
As well as two (2) copies of all necessary supporting
documents and materials.
I.
II.
... 111.
IV.
b. Technical Advisory Committee. The applicant shall submit
the following to the members of the Technical Advisory
Committee (T AC):
I. One ( I) copy of the written application form;
11. One (I) copy of the Existing Features & Site
Analysis Plan;
III. One ( I ) copy of the Development Plan;
IV. As well as one (I) copy of all necessary supporting
documents and materials.
47
Co Initial Rev.iew of !he_MPlisation ,m~L~.1!PJllir!jng Dosuments
and~aterials.
L QirectoL Following the receipt of the wrilten
applil:ation, Development Plan. and necessary
supporting documents and/or mate.rials. 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.
ii. Technical Advisory Committee. Following the
receipt of the writ1en application, Development Plan,
and necessary supporting documents and/or
materials, the Director shall place the application on
the agenda of the Technical Advisory Committee.
d. Submittal to the Commission.
1. If the materials submit1ed 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.
11. If the materials submitted by the applicant are
determined to be complete and in compliance, the
Director shall forward the materials to the
Commission. Within thirty (30) days of the formal
acceptance of the Development Plan application, the
Director shall formally tile the application by:
(a) Assigning a docket number;
(b) Setting a date and time for a public hearing;
and
..
Placing it upon the agenda of the
Commission according to the Commission's
Rules of Procedure.
iii. The applicant shall file for each Commission member
a copy of the Existing Features & Site Analysis Plan,
the Development Plan, and supporting documents
and/or materials pursuant to the Commission's Rules
of Procedure.
(c)
3. Fees. See Sectio/J 29.06.
4. Public Notice. The applicant shall be responsible for the cost and
publication of the required published legal notitication of the public
hearing. The applicant shall also notify all interested parties and
property owners as required by the Commission's Rules of Procedure.
5. Public Hearing by the Commission. The conduct of the public hearing
shall be in accordance with the Commission's Rules of Procedure.
48
i.. - -
Following the public hearing, the Development Plan shall he reviewed
by the Commission.
6. Review. The Commission shall review a Development Plan to
detennine if the Development Plan:
a. Is consistent with the Comprehensive Plan: and
b. Satisfies the development requirements specified In the
Zoning Ordinance.
7. Approval.
a. In determining whether approval shall be granted, the
Commission shall consider generally if the Development Plan:
I. Creates and maintains a desirable, efficient and
economical use of land with high functional and
aesthetic value, attractiveness and compatibility of
land uses, within the District and with adjacent uses;
II. Provides sufficient and well-designed access, parking
and loading areas;
111. Provides traffic control and street plan integration
with existing and planned public streets and interior
access roads;
IV. Provides adequately for sanitation, drainage and
public utilities: and
v. Allocates adequate sites for all uses proposed, the
design, character, grade, location and orientation
thereof being appropriate for the uses proposed,
logically related to existing and proposed
topographical and other conditions, and consistent
with the Comprehensive Plan.
b. In determining whether approval shall be granted, the
Commission may:
I. Impose conditions on the approval of a Development
Plan if the conditions are reasonably necessary to
satisfy the development requirements specified in the
Zoning Ordinance for approval of the Development
Plan.
..
II. Provide that approval of a Development Plan is
conditioned on the furnishing to the Commission of a
bond or written assurance that:
(a) Guarantees the timely completion of a
proposed public improvement in the
proposed development; and
(b) Is satisfactory to the Commission.
III. Permit or require the owner of real property to make
a written commitment.
c. Time Limit. An approved Development Plan shall be valid for
two (2) years from the date of approval. Upon written
application to the Director before the expiration of said
49
approval, and upon good cause shnwn, the Director may
extend the approval for a period nnt to exceed six (6) months.
d. if the Development Plan is substantially or materially alt(~red
in any way. resubmission to the Commission is required.
e. If a Development Plan petition is denied, the Commission
shall provide the applicant with a written copy of the findings-
of-fact, if requested.
f. and other matters relevant to review.
8. Amendment.
a. Requirements. See Section 24,f>2.
b. Fees. See Section 29.06.
c. Public Notice. See M(4).
d. Public Hearing. See M(5).
e. Review. See ~A(6).
f. Ap.proval. See ~7 above.
g. and other matters relevant to review.
B. Architectural Design, Exterior Lighting. Landscaping & Signage.
I. Pre-Application Consultation with the Director.
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 shall aid and advise the
applicant in preparing his application and supporting documents as
necessary.
2. Application.
a. Director. The applicant shall submit to the Director:
I. Two (2) copies of the written application form;
II. Two (2) copies of the Existing Features & Site
Analysis Plan;
iii. Two (2) copies of the Exterior Elevations and/or
Renderings;
...
IV. Two (2) copies of the Lighting Plan;
v. Two (2) copies of the Landscape Plan;
VI. Two (2) copies of the Signage Plan;
V1l. As well as two (2) copies of all necessary supporting
documents and materials.
b. Technical Advisorv Committee. The applicant may be
required to submit the following to the members of the
Technical Advisory Committee (T AC):
I. One ( I) copy of the written application form:
II. One (I) copy of the Existing Features & Site
Analysis Plan;
50
Ill. One (I) copy of the Exterior Elevations and/or
Renderings;
IV. One (I) copy of the Lighting Plan;
v. One ( I ) copy of the Landscape Plan;
VI. One ( I ) copy of' the Signage Plan;
VII. As well as one (I) copy of all necessary supporting
documents and materials.
c. Initial Review of the Application and Supporting Documents
and Materials.
I. Director. Following the receipt of the written
application, Plans, and necessary supporting
documents and/or materials, 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.
ii, Technical Advis..illY- Committee. Following the
receipt of the written application, Plans, and
necessary supporting documents and/or materials, the
Director shall place the application on the agenda of
the Technical Advisory Committee.
d. Submittal to the Commission.
ii.
I. 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.
If the materials submitted by the applicant are
determined to be complete and in compliance, the
Director shall forward the materials to the
Commission. Within thirty (30) days of the formal
acceptance of the Architectural Design, Exterior
Lighting, Landscaping and Signage application, the
Director shall formally tile the application by:
...
(a) Assigning a docket number;
(b) Setting a date and time for Commission
review; and
(c) Pladng it upon the agenda of the
Commission according to the Commission's
Rules of Procedure.
iii. The applicant shall file for each Commission member
a copy of the Existing Features & Site Analysis Plan,
the Plans, and supporting documents and/or materials
pursuant to the Commission's Rules of Procedure.
51
3. Fees. See Sectio/l 2<).06.
4. B~\l.i~.~. The Commission shall review an ADLS to determine if the
ADLS:
a. Is \:onsistent with the Comprehensive Plan: and
h. Satisfies the developmcnt requirements specified in the
Zoning Ordinance.
5. Approval.
a. In determining whether approval shall be granted. the
Commission shall consider generally if the Architectural
Design. Exterior Lighting, Landscaping and Signage:
I. Creates and maintains a desirable, efficient and
economical use of land with high functional and
aestheti\: value. attradiveness and compatibility of
land uses. within the District and with adjacent uses:
II. Provides sufficient and well-designed ac\:ess. parking
and loading areas: and
iii.' Allocates adequate sites for all uses proposed, the
design, character. grade, location and orientation
thereof being appropriate for the uses proposed,
logically related to existing and proposed
topographical and other conditions, and consistent
with the Comprehensive Plan.
b. In determining whether approval shall be granted, the
Commission may:
I. Impose conditions on the approval of an
Architectural Design, Exterior Lighting, Landscaping
and Signage if the conditions are reasonably
necessary to satisfy the development requirements
spedfied in the Zoning Ordinance for approval of the
Architectural Design. Exterior Lighting. Landscaping
and Signage.
11. Permit or require the owner of real property to make
a written commitment.
c. Time Limit. An approved Architectural Design, Exterior
... Lighting. Landscaping and Signage shall be valid for two (2)
years from the date of approval. Upon written application to
the Director before the expiration of said approval, and upon
good cause shown, the Director may extend the approval for a
period not to exceed six (6) months.
d. If the Architectural Design, Exterior Lighting, Landscaping
and/or Signage is substantially or materially altered in any
way. resubmission to the Commission is required.
e. and other matters relevant to review.
6. Amendment.
a. Requirements. See Sectio/l 24JJ3.
b. Fees. See Sectio/l 29.06.
c. Review. See M(6).
52
d. Approval. See.p anove.
e. and other matters relevant to review.
C. Appeals.
I. Authority. The Commission may hear, review and determine appeals
taken from any order, requirements, decision or determination made by
a Hearing Officer or Committee authorized to approve the
Development Plan or any portion thereof.
2. Filing Deadline. All appeals shall be filed with the Director within
thirty (3D) days of the action to be appealed.
3. Appeal Procedure.
a. Consultation with the Director and Application. Appellants
shall meet with the Director in order to examine the nature of
the proposed appeal. review the regulatory ordinances and
materials. and review the appeal procedures. The Director
shall aid the appellant in preparing his application and
supporting documents as necessary. The appellant shall then
submit two (2) copies of the written application form and all
necessary supporting documents and materials.
b. Initial Review of the Application and Supporting Documents
and Materials by the Director; Submission to the Commission.
Following the receipt of the written appeal application and
necessary supporting documents and materials by the Director,
he shall then review the materials solely for the purpose of
determining whether the application is complete. is in
technical compliance with all applicable ordinances. laws and
regulations and is to be forwarded to the Commission. If the
materials submitted by the appellant are not complete. or do
not comply with the necessary legal requirements. the Director
shall inform the appellant of the deficiencies in his materials.
Unless and until the Director formally accepts the appeal
application as complete and in legal compliance it shall not be
considered as formally filed for the purpose of proceeding to
the succeeding steps toward Commission consideration of the
appeal as hereinafter set forth. The application is formally
filed when it is placed upon the Commission agenda by the
Director according to the Commission's Rules of Procedure.
Public Hearing by the Commission. Once the Director has
accepted and filed the appeal 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
Procedure of the Commission. The appellant shall be
responsible for the cost and publication of the required
published legal notification of the public hearing. The
appellant 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 Procedures.
c.
...
d. Approval or Denial of the Appeal by the Commission.
Following the public hearing on the appeal. the Commission
shall approve. approve with conditions. or deny the appeal. In
exercising its powers. the Commission may reverse or affirm,
53
wholly or partly, or may modify the order, requirement,
decision or determination appealed as in its opinion ought to
be done on the premises. and to that ~nd shall have all the
powers of the Hearing Officer or Comlnittee from whom the
appeal is taken. Upon reaching a decision on the appeal
request, the Commission shall enter I into its records the
reasons for its decision and shall provide the appellant with a
copy of said reasons, if requested. The Commission shall
inform the Director and the appellant oJ; its decision, including
all conditions contained as a part thereof. All further actions
taken by the appellant or the Director concerning the item that
was appealed, including the issuance of Improvement
Location Permits, shall be subject to said ruling of the
Commission.
4. Stay~fWork.
When an appeal from Hearing OtTicer or Committee has been filed
with the Commission, all proceedings and work on the premises upon
which the appeal has been tiled shall be stayed unless Hearing Ofticer
or Committee from whom the appeal was taken shall certify to the
Commission that, by reason of facts stated in the certificate, a stay
would cause immediate perillo life or property. In such case,
proceedings or work shall not be stayed except by a restraining order
which may be granted by the Commission or by a court of competent
jurisdiction, on notice to Hearing Officer or Committee from whom the
appeal is taken and the owner or proprietor of the premises affected and
on due cause shown. After the owner. his agent and/or a person or
corporation in charge of the work on the premises affected has received
notice. the Director shall have ful1 power to order such work
discontinued or stayed and to cal1 upon the police power of the City or
County to give full force and effect to the order.
CHAPTER 25: ADDITIONAL USE REGULATIONS
fa. Amend Section 25.07.01.01: Residential Districts; C: AccessOfY Uses; 8: Private
Sl'vimming Pool to read:
8. Private Swimming Pool
a.... Minimum Side and Rear Yard Setbacks. A swimming pool or
its deck shall be set back a minimum of the greater of the
following:
I. Ten (10) feet from the Side dr Rear Lot Line or,
11. The Minimum Side or Rear Setback for the district.
b. Safety. For purposes of safety, the fol1owing shal1 apply:
I. Wal1s or Fencing. Wal1s or fencing deemed to be
impenetrable by the enforcing authority, that is not
less than five (5) feet high completely surrounding
the swimming pool and the deck area with exception
of self-closing and latchink gates and doors, both
capable of being locked;
11. Other Means. Other means not less than live (5) feet
high and deemed impenetrable by the enforcing
54
authority at the time of construction and completely
surrounding the pool and deck area when the pool is
not used; and
Ill. Combination. A combination of Suosections (i)
through (ii) that completely surrounds the pool and
deck with the exception of self-closing and latching
gutes and doors which are capublc of oeing locked; or
IV. Pool Cover. A safety pool cover may be used in
conjunction with, but not instead of, Subsections
(i) and (ii), provided that:
(a) there is a continuous connection between the
cover and the deck. so as to prohibit access
to the pool when the cover is completely
drawn over the pool;
(b) it is mechanically operated by key or key
and switch such that the cover cannot be
drawn upon or retracted without the use of a
key;
(c) it is cupable of supporting a four hundred
(400) pound imposed load upon a
completely drawn cover;
Id) it is installed with a track, rollers, rails or
guides;
(e) it bears an identification tag indicating the
name of the manufacturer name of the
installer, installation date. and applicable
safety standards, if any;
(f) that it is in compliance with the Indiana
Swimming Pool Code, 2d Edition, effective
date September 13, 1989, as amended.
CHAPTER 25.07: SIGN ORDINANCE
tb. Adopt Section 25.07.02-14: Old Meridian District to read:
25.07.02-14 Old Meridian District.
This section applies to all land uses located on properties within the zones established
pursuant to Clwpter 20G: Old Meridian District. The signage requirements in Section
25.07.02-01 through 25.07.02-12 of this Ordinance apply, except where superceded by the
provisions of this section.
a) SIGN CLASSIFICATION: As allowed pursuant to the signage requirements in
Section 25.07.02-01 through 25.07.02-/2, unless otherwise specified below.
I. 20G.05.OJ: Single-Family Attached Zone (OM-SFA):
a) No permanent exterior signs of any kind will be allowed
except:
(i) House numbers established in accordance with
Section 25.14: Premises Identification, and
55
(ii) Nameplates established in accordance with Section
25.07.02-03: Home Occupation and Boarding House
(Residential Zone).
2. 200.05.02: Multifamily Housing Zone (OM-MF):
a) Limited to Suspended Signs, Projecting Signs, Porch Signs, or
Wall Signs.
3. 200.05.03: Village Zone (OM-V):
(a) Unless specified as exempt or prohibited signage. or otherwise
noted below, the Sign Ordinance regulations of Section
25JJ7J)2-13: Old Town Carmel shall apply to the Village
Zone.
(b) Exempt Signs: All signs designated as exempt in Section
25.07.01-03 of the Sign Ordinance, except as noted in Section
20G. 05. 07( E)( 5).
(c) Prohibited Signs: The provisions in Section 25.07.01-04 shall
apply. The following signs are also prohibited:
( I ) Ground Signs, or other free standing signs.
(2) Signs which contain blinking, pulsing, or movIng
components.
6) 200.05.06: Special Use Zone (OM-SU):
(a) See 25.07.02-07: Special Use and Use Variance Sign.
7) 200.05.07: Meiier Zone (OM-M):
(a) Unless specified as exempt or prohibited signage, or otherwise
noted below, the Sign Ordinance regulations pertaining to Old
Town Carmel, Section 25.07.02-13 shall apply to the Meijer
Zone.
(b) Exempt signs: All signs designated as exempt in Section
25.07.01-03 of the Sign Ordinance, Ordinance No. Z-302.
(c) Prohibited signs: The provisions in Section 25.07JJ/-04 shall
apply. Signs which contain blinking, pulsing, those with
moving components are also prohibited.
b) NUMBER & TYPE: As allowed pursuant to the signage requirements in Section
25.07.02-01 ~rough 25.07JJ2-12, unless otherwise specified below.
7) 200.05.07: Meiier Zone (OM-M):
(e) Two (2) monument signs no larger than sixty (60) square feet
are allowed for a single user of the existing Meijer store, with
one ( I ) sign located at the existing street cut on Old Meridian
Street, in the Village Zone, and the other sign being located in
accordance with the plans approved by the Commission,
Docket No. 22-91 ADLSIDP.
(t) Signage for the Convenience Store shall be permilled,
consistent with Section 20G.05.07(E)( I), and subject to ADLS
approval.
c) MAXIMUM SIGN AREA: As allowed pursuant to the signage requirements in
Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below.
56
2. 20G.05.02: Multifamily Housing Zone (OM-MF):
(I) Suspended Signs: Twelve (12) square feet
(2) Projecting Signs: Twenty (20) square feet
(3) Porch Signs: Six (6) square feet
(4) Wall Signs: Sixteen (16) square feet
(5) Ground Signs, or other freestanding signs are not permitted.
4. 20G.05.04: Mixed Use Zone (OM-MU):
(2) Wall Signs shall not exceed thirty-two (32) square feet.
5) 20G.05.05: Office Zone (OM-a):
(a) Ground Signs shall not have a Sign Face that exceeds twenty-
four (24) square feet.
(b) Wall signs shall not exceed thirty-two (32) square feet.
d) MAXIMUM HEIGHT OF GROUND SIGN: As allowed pursuant to the signage
requirements in Section 25.07.02-01 through 25.07.02- 12, unless otherwise
specified below.
4) 20G.05.04: Mixed Use Zone (OM-MU):
( I ) Ground Signs shal1 not be tal1er than four (4) feet.
5) 2OG.05.05: Office Zone (OM-a):
(a) Ground Signs shal1 not be tal1er than four (4) feet.
e) LOCATION: Signs shall not interfere with Vision Clearance. As allowed
pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12,
unless otherwise specified below.
2. 20G.05.02: Multifamily Housing Zone (OM-MF):
( I) Wall Signs must fit within the horizontal and vertical elements
of the building and may not obscure details of the building
(Figure ##)
(2) No sign shall extend above the cornice line of the building.
3. 20G.05.03: Village Zone (OM-V):
...
Wall signs must fit within the horizontal and vertical elements
of the building and may not obscure details of the building.
(Figure ##)
No sign may extend above the cornice line of the building.
Signs may also be painted in white graphics in storefront or
upper /lOOT windows.
Signs may also be imprinted on permanent awnings.
(d)
(e)
(f)
(g)
4) 200.05.04: Mixed Use Zone (OM-MU):
(b) Wall signs must fit within the horizontal and vertical elements
of the building and may not obscure details of the building.
(Figure ##)
(c) No sign may extend above the cornice line of the building.
57
7) 20G.OS.07: Meiier Zone (OM-M):
(d) Wall signs must fit within the horizontal and vertical elements
of the building and not obscure details of the building.
(Figure ##) No sign shall be allowed to extend above the
cornice line of the building.
f) DESIGN: As approved.
3. 20G.05.03: Village Zone (OM-V):
(h) Tenants should strive for a unique graphic image, rather than
be required to conform to a single graphic style for the whole
building.
(i) Providence at Old Meridian. The sign package adopted with
Ordinance No. Z-338, Providence at Old Meridian Plan Unit
Development District shall be allowed as approved.
g) ILLUMINATION: As approved.
h) LANDSCAPING: A landscaped area equal to the total sign area is required for
all Ground Signs established in the Old Meridian District.
i) REQUIRED APPROVAL: Must be approved by the Commission, and sign may
be established any time after final plans are approved.
j) SIGN PERMIT: Required
k) FEES: Required.
I) Specific District Requirements:
8) 2OG.05.08: Mixed Medical Zone (OM-MM):
(a) The provisions of the Carmel/Clay Sign Ordinance. Ordinance
No. Z-302, shall apply, except as noted below.
( I )
For a building with multiple tenants or occupants and
which is in excess of 10,000 square feet of gross
building area located on a site by itself, or for
multiple buildings located on an integrated site with a
shared entrance, a single freestanding monument sign
located at the entrance of the site and within the front
setback shall be permitted. Each sign face
(maximum of two (2) faces per sign) shall not exceed
sixty (60) square feet in total area. It must be
landscaped at the base of the sign.
(2) A building not described in Subsection (a) above,
shall be identified by the use of a ground sign which
shall not be taller than four (4) feet, and have a sign
face that does not exceed thirty-two (32) square feet.
...
(3) Wall signs shall not exceed thirty-two (32) square
feet.
(4) Directory signs are permitted in accordance with the
Sign Ordinance Z-302.
(b) Wall signs must fit within the horizontal and vertical elements
of the building and may not obscure details of the building.
(Figure 23)
58
(c) No sign may extend above the bottom of the roofline or, in the
case of flat roofs, the cornice line of the Building.
b) NUMBER & TYPE: One (I) Identitication Sign per business in a Single-tenant
Building or a Multi-tenant Ground Floor Building. One (I) Building Identification
Sign per Multi-tenant Ground Floor Building or Multi-tenant Multi-level Building
is permitted if seven (7) or more businesses occupy the same building. In no
instance shall any building or Multi-tenant Building Complex have more than one
( I) Ground Identification Sign.
If the Identification Sign is to be used for tenant identification then all building
tenants shall equally share the Sign Area as per appropriate chart. This includes the
Center Identification Ground Sign - all copy shall be included on only one (I),
Ground Identification Sign.
c) MAXIMUM SIGN AREA:
i) Twenty (20) square feet for a Projecting Sign;
ii) Twelve (12) square feet for a Suspended Sign;
iii) Six (6) square feet for a Porch Sign.
d) MAXIMUM HEIGHT OF GROUND SIGN (Suspended): Eight (8) feet.
e) LOCATION: No Ground Sign shall be located closer than five (5) feet to the right-
of-way and shall not interfere with Vision Clearance. A Projecting Sign may be
utilized only when the building on which it is to be established has a Front Yard
with a depth of less than five (5) feet. A Projecting Sign shall be located a
minimum of two (2) feet behind the curb and shall measure a minimum distance of
eight (8) feet from the bottom of the sign to ground level.
f) COLOR & DESIGN: No restrictions except for those signs which require approval
by the Commission. However, signs in Unified Centers must be of similar design
and identical in lighting, color, height of sign area and style of construction.
g) COPY: As per definition ofIdentification Sign.
h) ILLUMINATION: Permitted.
i) LANDSCAPING: Optional.
j) REQUIRED APPROVALS: All permanent signs requmng a permit that are
established in the B-4, B-7, B-8, M-3 or U.S. Highway 3 I Overlay Zone requirenCommission approval.
k) SIGN PEIU1IT: Required.
I) FEES: Required.
59
fe. Amend Sectiol/ 25.07: Sign Ordil/al/ce: Sigl/ Charts A. B. C to read:
Sign Chart A: Non-Freeway.
SINGLE TENANT & MULTI-TENANT BUILDINGS (Ground Floor & Multi-Level)
Distance of Sign from Building Maximum Maximum Height
Street Right-of-Way* Frontage Sign Area of Ground Sign
(minimum of 5 feet) (Tenant Unit)
5 - 50 feet under 50 feet 30 sq. ft. 6 feet
51 - 100 feet 45 sq. ft. 6 feet
101 - 150 feet 60 sq. ft. 6 feet
151 - 300 feet 75 sq. ft. 6 feet
51-100 feet under 50 feet 35 sq. ft. 6 feet
51 -100 feet 60 sq. ft. 6 feet
101 - 150 feet 80 sq. ft. 6 feet
151 -300 feet 95 sq. ft. 6 feet
101 - 300 feet under 50 feet 40 sq. ft. 6 feet
51 - 100 feet 75 sq. ft. 6 feet
101 - 150 feet 90 sq. ft. 6 feet
151 - 300 feet 105 sq. ft. 6 feet
Over 300 feet under 50 feet 50 sq. ft. 7 feet
50 - 100 feet 90 sq. ft. 7 feet
101 - 100 feet 100 sq. ft. 7 feet
151 - 300 feet 115 sq. ft. 7 feet
300 + feet 150 sq. ft. 7 feet
* Street Right-of-Way, as designated in the Thoroughfare Plan.
60
Sil!n Chart B: Freewav.
SINGLE-TENANT & MULTI-TENANT BUILDINGS: (Ground Floor & Multi-Level)
Distance of Sign From Building Maximum Maximum
Street Right-of-Way* Frontage Sign Area Height
(minimum of 5 ft) (Tenant Unit) of Ground Sign
200 feet & under under 100 feet 40 sq. feet 6 feet
10 1 - 250 feet 75 sq. feet 7 feet
over 250 feet 100 sq. feet 8 feet
over 200 feet** under 100 feet 50 sq. feet 6 feet
10 1 - 250 feet 90 sq. feet 7 feet
over 250 feet 120 sq. ft. 8 feet
*
Street Right-or-Way, as designated in the Thoroughfare Plan.
For distances over 200 feet, the maximum sign area may be increased at the rate of an additional
five (5) sq. ft. per additional 100 ft. of distance from sign to street right-of-way.
**
Sign Chart C: Address Number Chart.
Distance of Numbers from Street Maximum Height
Right-of-Way* of Numbers
100 feet 3.5 inches
200 feet 7.0 inches
400 feet 14.0 inches
600 feet 21.0 inches
800 feet ... 28.0 inches
1,000 feet 35.0 inches
1,320 feet 46.1 inches
*
Street Right-of-Way, as designated in the Thoroughfare Plan.
[d. Amend Section 25.07.06: Legal Nonconforming Signs to read:
25.07.06 Lel!al Nonconforminl! Sil!ns.
A. After the enactment of this amendatory Ordinance. the Administrator shall make
a survey every twelve ( 12) months of the jurisdictional area t()f signs that do not
wnform to this Ordinance (as of July 1st of the respective calendar year); and
shall submit the results of the survey. in writing, to the Mayor. members of the
61
Council. Gffu.'-efS nu'mbers of the Board. and members of the Commission.
This report is due on or before htly Seph'mber I" of every year and shall
include the sections of this Ordinance with which said signs do not comply (as
of' .July 1 of the respect he calendar ~'ear), and any necessary proof that said
signs are legal nonconforming signs.
B. The Administrator shall also use all reasonable efforts to notify the user or
owner of the property on which such sign is located of the sign's nonconformity
and whether it is legally nonconforming or is illegal. Should any 4uestions arise
as a result of the Administrator's decision that a sign is a legal nonconforming
sign or is illegal. the final determination of sut'h status shall be made by the
Board as provided for in Section 28.06 of this Ordinance. An ongoing record of
existing legal nonconforming signs shall thereafter be maintained as a part of the
Board's permanent records.
C. Where a nonconforming sign was legally existing on July I. 2-QQ-l- 2004. the
Administrator shall register such sign as a legal nonconforming sign. specifying
on the registration form the date of the erection or installation of such sign and,
if applicable. the dates on which the Board granted a variance and a Sign Permit
was issued.
D. A nonconforming sign as described in Subsectiml Ie) above which is duly
registered shall thereafter be deemed a legal nonconforming sign and may be
continued without further registration.
E. If the Administrator determines that a nonconforming sign existing on July I.
:2{.)(.)..l. 2004, was not legally erected or installed, the user or owner shall have
until January], 2{)Q..J 2006, to appeal the Administrator's determination to the
Board or to obtain a variance from the Board allowing the sign to be continued.
Atier January I, :2{.lQ1 2006. if the Board has not reversed the Administrator's
determination or granted a variance allowing the sign to be continued, it shall
thereafter be deemed an illegal sign and shall be immediately brought into
conformance with this Ordinance or shall be removed.
F. A legal nonconforming sign shall immediately lose its legal nonconforming
designation if:
I. The sign is not kept in good repair and in a safe condition and the
state of disrepair or unsafe condition continues for six (6) months;
2. The sign is relocated;
I
3. The complete sign and sign structure are replaced; or
4. Thllo. Sign Permit or variance under which the sign was allowed or
permitted expires.
G. On the happening of anyone (1) of the above conditions the sign shall be
immediately brought into conformance with this Ordinance with a new
Sign Permit secured therefore, or shall be removed.
H. Nothing in this Ordinance shall relie,'e the owner or user of a legal
nonconforming sign or owner of the property on which the legal non.
conforming sign is located from the provisions of this Ordinance regarding
safety, maintenance and repair of signs.
62
1
CHAPTER 26: ADDITIONAL HEIGHT , YARD, & LOT AREA REGULATIONS
fc. AllJend Sec1iol1 26JJ]: Additiol1ullleight Re(/l/ir('f1I('I/ts: .90/10 read as follo\\'s:
Hdll ,-\dditional Hei~ht Reqill.~menh.
26,01.01 In the S-I, S-2, R-I, R-2. and R-.' Residcntial Districts lill1itin~ height tll
t"'d:'HIj'-rivt'-(~~--) thirty-the (35) feet. tt -Dwdli-ng--nHt;.'-bt'-mt'ft'rl-St'tl--in.--4e-i-ght--l-H
IltiH-y-h"t'.+';>~+.krl pft~"i(lt'tIlhe required Side and Rear Yards arc inl'reased an
additional tilll' fl\r each fllot such Structun: c\ceclb twenty-tin> i 25) feet in
height.
fr. Amcnd Sec1iol/ 26JJ2JJ7 10 reau:
27.02,07 Requircd FrlltH Yards in resiJential Jistricts shall be de\ PI<-,d entirl'ly III landscapeJ area
except fpr Frontage Phtn.'s. guesl parkin~. and the nelTSS;try paving of dri\'C\\ays and
sidewalks 10 r<-,ach parking l)r luading areas in the Sid<-, or Rear Yard, The 1\'linimulll
Fronl Yard (If any Lot in a Qualifying Subdivision utilizing reht\.ed Front Yard slandards
per SC{'/;OI1 7,()(1.! J] of the Subdivisipn Control Ordinance shall be as fllllll\\';:
A, Dwelling with al1aclwd, frnnt-lllading garage: Twenly (20) feel.
Gara~e IllUSI be sel'back a minilllulll of twenty-five (25) feel.
B. D\\ellin~ \\ith attached. side-llladin~ garage: Fifteen (15) fed,
Garage IllUst be set back a minimum uft\\cnty-fi\'e 1)5) feet.
C. Dwelling \\ith attacheu. rear-loading: or attached. alley-access ~aragc: Ten (to)
feel.
CHAPTER 27: ADDITIONAL PARKING & LOADING REGULATIONS
fg. Auort title 27. ()]: Computatiol/ (~f' Nl/lllher (!/' Rei/IIi red Spuces for Section 27.0 I.
CHAPTER 28: NONCONFORMING USES & EXEMPTIONS
111. Amend Sectiol/ 29.01: The City COllnci/: .~29.0]J)2 10 reau:
2lJ.O I,02Co!lsider amendments 10 the Otfidal Zoning ~ l\'lap.
CHAPTER 29: ADMINISTRATION
Ii. Amenu Sectiol/ 29,()2: The Commissiol/: ]9.(}2,(J] to read:
~1).()2.02}\d\ ise Ihe City Council in writj!l~ lIn arllendments 1(1 the Otfidal Zllnin~ DN'I'M J\lap.
(j. Amend Section 29.02: The COII/missiol/: 29.02,()3 to read:
2lJ.02.1)3Consider De\elopmcnt Plan and ADLS applications I'llI' f!J-ttA-tleJ all applkuhle Primur,y
Zoning Districts.
fk. Repeal the text of Section 29.04.02: Improvement Location Permits in its entirety:
29.04.02Improvement Location Permits.
+. Unless otherwise exell:lded. it shall be l:Inlavlfl:ll 10 constnlct. alter. reflair,
remove or demolish any building or stnlcture. or to commence conslnlction. or
63
alteration of real estate, viithout first filing a '.\TitteA application with the
Director and obtaining an ImprovemeAt Location Permit.
~. Every application for an Improvement Location Permit :;hall, vihen applicable,
be accompa~:
a. a Site Plan. drawn to scale, showing locations of propo:;ed and existing
imprmements, ea::ements and rights of vI'ay and the appropriate
a.tmefistoos;
b. u legal de::criptioA of the real estate involved;
e. a sewer or septic permit, as appropriate;
d. buildiAg elevatioAs on all four sides of the proposed imprO'iement; and,
e. the necessary detailed constructioA plaAs.
In instances where application for aA Improvement LocatioA Permit is llIade for
a busiAe:;s, iAdustrial, manufacturiAg, iA:;titutioA or multiple family structure, the
Director may require detailed plans aAd iAf{)fmatioA coneemiAg vehicular aAd
pede:;trian tramc, parkiAg facilitie:;. 10adiAg facilities, lighting, feAciAg,
landscaping, water and :;anitary sewage facilities, :;torm water drainage facilities.
signage, ease meAl:;. common facilities aAd opeA spaees, Administrative Building
Council approyab aAd so forth.
J. The Director shall approve or deny the Improvement LocatioA Permit within
five (5) working days of the receipt of the written application form and
accompanyiAg materia\:;. The Improvement Location Permit shall be i:;sued
when the propo:;ed structure, improvemelll or use aAd its 10catioA conform iA all
respect:; to this OrdinaAce.
4. The Director shall issue an Improvement Location Permit for a variance I:Ise, a
special u:;e. an appeal use or a PlaAAed Di:;trict use only after the appropriate
approvals have been graAted.
~. No Improvement Location Permit shall be is:;l:Ied for the erection, recoAstmction
or structural alteration of aAY bl:lildiAg before application has been made for a
Certificate of Occl:lpancy.
e. The Director, dl:lriAg his review of Improvement Location Permits, shall assure
that all National Flood Insurance Program regl:llations pertaining to State aAd
Federal permits, subdivision revie....., mobile home tie down :;tandards, utility
con:;tructioA, record keeping, water course alteratioA aAd maiAtenaAce aAd
bl:lilding permit re'iiew procedures have been met.
..
fl. Repeal Section 29.04.03: Certificate of Occupancy in its entirety:
29.01.03 Certificate of Occupancy.
+. No land shall be occupied or used and no building hereafter erected,
reconstructed or structurally altered shall be occupied or used, iA whole or in
part, for any purpose vihatsoever, until a Certificate of Occupancy shall have
beeR is:;ued by the Director stating that the BuildiAg and use comply with all of
the provisions of this OrdiAance applicable to the building, premises or the use
of the district in which it is to be located.
~. Upon completion of the improvemeAt covered by the ImprovemeAt Location
Permit requiring a Certificate of OccupaAcy, the Director shall inspeet the
premises aAd, if his inspeetion shall reveal that the improvement has been
completed in substantial conformity with this OrdinaAee and all other city codes
or adopted state or national codes, he shall issue a Certificate of Occupancy.
64
J. 1\ Certificate of OCCl:lpORCY shall be applied for coiRcideRtally with the
application f{)f an ImprovemeRt Location Permit and shall be issl:led withiR ten
f-U)) days after the lawfl:ll erection, recoFlstructioFl or structl:lral alteration of Sl:lch
bllildiRg or other improvement of the premises shall have beeR completed aRd
iRspected aRd approved by the Director.
fm. Amend Section 29.04.02: Improvement Location Permits to read:
29.04.02Improvement Location Permits and Certificates of Occupancv.
See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations.
fn. Adopt Section 29.04.03: unassigned.
fo. Amend SCClioll 29'()4'()4: Records (~llhe Direclor; ,~6 to read:
n. Files on all activities of the Board of Zoning Appeals. the City Council and the Plan
COlllmission. such as till' the suhdivision platting process. appeals. variances. special
uses. Development Plans };'t'-i11-aft-Aetl.--{ttstt.Wfs. wning amendments (text and map
changes). nonconforming use uetenninalions and Loning district hnunuary
determinations. Said tiles ,should include. hut not he limited to. application forms.
ne\\spaper puhlished legal notices. record of the nPlice to adjoining and ahutting property
uwners. plans and other required or necessary information concerning the appIiCali(lf] and
minutes of the applicable body that pertain 10 the application.
fp. Amend ,Seelio/l 29.05: The Clerk- Treasurer to read:
29.05 The Clerk-Treasurer.
It shall he the duty of the Clerk-Treasurer to retain the official copy of the Zoning
Ordinance and all amendments thereto and the Official Zoning tl-i-s+f.i8 Map. All official
zoning muterials shall be available till' public viewing in the unlct' of the Clerk-Treasnrer
during normal office hUllfs.
fg. Amend Section 30.08: The Clerk-Treasurer to read:
30.08 Alternate Procedure for DeyelopmeBt StaBdarEls Varianees..
30.08.01 Hearing Officers: Qualifications. Appointment and Removal. Pursuant to I.c. 36-7-4-
923, the Commission hereby establishes the position of Hearing Officer. A Hearing
Officer must be a member of the Board or an attorney licensed to practice law in
Indiana. One (I) or more Hearing Officers shall be appointed by the Commission. A
Hearing Officer may be removed from his or her responsibilities at any time by the
Commission.
30.ot(02 Powers of Hearing Officers. A Hearing Officer has the power of the Board to approve or
deny (1) a variance from the development standards of the Zoning Ordinance, in
accordance with I.c. 36-7-4-918.5; or (2) a special use or special exception from the
terms of the Zoning Ordinance, in accordance with I.C. 36-7-4-918.2.
30.08.03 Procedural Rules Governin~ Hearing Officers. Except as provided in this Section 30.08,
all procedural requirements [Dr De';elopmeRtal StaRdards VariuHces imposed by the
Rules of Procedure of the Board, by the Zoning Ordinance, and by I.c. 36-7-4-900 et
seq.. apply generally to the alternate procedure. Specifically, the provisions of I.c. 36-7-
4-920(g) regulating communication with any member of the Board shall be construed to
prohibit communication by any person (other than the staff as permitted by law) with a
Hearing Officer before the hearing with intent to influence the Hearing Officer's action
on a matter pending before him or her.
65
30.08.04 Docketin~ of Matters; Copies to Members of the Board. After the pirector has formally
accepted any Developmental Standards Variance, Special Use, or Special Exception
application as complete and in legal compliance, the Director may, if the Director
believes that it would allow for more expedient disposition of the application. place the
matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's
agenda. Copies of each Hearing Officer's agenda shall also be submitted to all members
of the Board, no less than ten (] 0) days before the Hearing Officer's hearing of the
matters on that agenda. Any member of the Board may then communicate with the
Director if. in the opinion of the member, the application should be placed upon the
Board's agenda.
30.08.05 Transfer to BO,ard's Agenda.. The Director may, not less than five (5) days before a
hearing before a Hearing Officer, remove any application from the Hearing Officer's
agenda if, in the opinion of the Director:
(I) the approval of the Developmental Standards Variance, Special Use, or Special
Exception may be found to be injurious to the public health, safety. morals, and
general welfare of the community; or
(2) the use or value of the area adjacent to the property included in the variance, use, or
exception may be found to be affected in a substantially adverse manner.
If the Director removes an application from a Hearing Ofticer's agenda, the application
shall be considered withdrawn, or shall be transferred to the agenda of the Board if
requested by the applicant.
30.08.06 Conditions Proposed by Director; Transfer to Board's Agenda. The Director may, not
less than five (5) days before a hearing before a Hearing Officer, indicate that he or she
does not object to the approval of a Developmental Standards Variance, Special Use, or
Special Exception by the Hearing Ofticer if specified Conditions are attached. If the
applicant does not accept these Conditions, the application shall be considered
withdrawn, or shall be transferred to the agenda of the Board if requested by the
applicant.
30.08.07 Imposition of Conditions by Hearing Officer; Commitments by Property owner: Transfer
to Board's Agenda. Following the hearing of an DcvclopmcRtal Standards VariaFlce
application under the alternate procedure, a Hearing Officer may impose Conditions and
may permit or require the owner of a parcel of property to make a written Commitment
concerning the use or development of that parcel, as provided injLC. 36-7-4-921 and the
Rules of Procedure of the Board. If the applicant for the DcvelopmcRtal StaRdards
VariaRce fails to accept these Conditions or fails to make; the Commitment, the
application shall be considered withdrawn, or shall be transferred to the agenda of the
Board if requested by the applicant. The Hearing Officer may1not modify or terminate
any Commitment, whether made under the alternate procedure or pursuant to an approval
by the Board. Such a Commitment may be modified only by the Board itself.
30.08.08 Review of the Decisions of the Hearin!! Officer.. A decision of a Hearing Officer may
not be a basis for judicial review, but it may be appealed to the Board. The Board shall
conduct a new hearing on the matter and shall not be bound by any Findings of Fact
made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing
Officer must file the appeal with the Board within fourteen (14) days after the decision is
made, as provided in I.c. 36-7-4-924.
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Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-4##-04 PASSED by the Common Council of the City of Carmel,
Indiana this _ day of , 2004, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby, District 2
Ronald E. Carter, President Pro Tempore
Brian Mayo, District 3
Fred Glaser, District 5
Mark Rattermann, At-Large
Joe Griffiths, District 4
Rick Sharp, District 1
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
..
DRAFT Ordinance No. Z-446-04 DRAFT
67
"
\ "
Ordinance No. Z-4##-04 Presented by me to the Mayor of the City of Carmel, Indiana
this _ day of , 2004, at _.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-4##-04 Approved by me, Mayor of the City of Carmel, Indiana, this
_ day of , 2004, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
..
DRAFT Ordinance No. Z-446-04 DRAFT
68